Railroad carrier

“ In our opinion the words 'common carrier by railroad,' as used in the act, mean one who operates a railroad as a means of carrying for the public-that is to say, a railroad company acting as a common carrier. ”

“ The railway is predominantly a carrier of freight. The freight traffic consists to a large extent of raw products such as sugar beets, milk, tomatoes and peas moving to factories, canneries or processing plants, and of the manufactured products moving outbound from the plants to connecting railroads. ”

“ The shippers claimed: 'It is the carrier's duty to supply cars at all seasons of the year, fully equipped for the safe transportation of grain, potatoes, and other produce in bulk without further fitting ”

“ The general rule is that it is the responsibility of the carrier, as part of the transportation service covered by the line-haul rate, to 'deliver' the goods by placing them in such a position as to make them accessible to the consignee. Normally unloading is not a part of the delivery and is performed by the consignee. In accordance with these principles, the railroad spots the car on the team track in its yards in the destination city, and the consignee is given appropriate free time in which to unload. ”

“ We turn now to the applicability of the Railway Labor Act to the Belt Railroad. Section 1, First, of that Act defines generally the carriers to which it applies as 'any carrier by railroad, subject to the Interstate Commerce Act * * *.' (Emphasis supplied.) The Interstate Commerce Act, 24 Stat. 379, as amended, 49 U.S.C. § 1 (1) , 49 U.S.C.A. § 1 (1) , applies to all common carriers by railroad engaged in interstate transportation. The Belt Railroad concededly is a common carrier engaged in interstate transportation. ”

“ At present a motor service is auxiliary and supplemental to rail service, in the Commission's view, when the railroad-affiliated motor carrier in a subordinate capacity aids the railroad in its rail operations by enabling the railroad to give better service or operate more cheaply rather than independently competing with other motor carriers. ”

“ The destination set out in the railroad bill of lading is the forwarder's break-bulk point. At that point the carload is broken up; some shipments may be distributed locally, some sent by truck to off-line destinations, and some consolidated into carloads for reshipment to further break-bulk points. The railroad has no knowledge of the contents of the car, the identity of the individual shippers, or the ultimate destinations of the consignments. The forwarder has an unqualified right to select the carrier and route for the transportation of the freight. ”

“ Paragraph (a) describes the carriers entitled to compensation:
'The term 'carrier' means a carrier by railroad which, during any part of the period of Federal control, engaged as a common carrier in general transportation, and competed for traffic, or connected, with a railroad under Federal control, and which sustained a deficit in its railway operating income for that portion (as a whole) of the period of Federal control during which it operated its own railroad or system of transportation ”

“ We are urged to hold that to qualify under § 3 (4) as a complainant 'connecting line' a railroad must either itself make a direct connection with the discriminating carrier, or be part of a through route that already includes the carrier. ”

“ The law of the common carrier is the same to-day as when transportation on land was by coach and wagon, and on water by canal boat and sailing vessel, yet in its actual operation it touches and regulates transportation by modes then unknown, the railroad train and the steamship. ”

“ The legal principle that a common carrier must be impartial was established long before the Interstate Commerce Act was passed, or the Granger laws enacted,—yes, before railways or steamboats were born. ”

“ The train is practical only because the railroad company maintains freight and passenger stations, foreign and domestic agents, and all the detailed [Pg 277] force that a modern railroad requires. Furthermore, it sends its trains over certain routes at certain specified intervals, ready to move freight and passengers as they are ready to be moved. So must a shipping line be operated. Ships must be where they are needed, else freight accumulates or is diverted to other lines. ”

“ Everywhere hacks, private carriages, cabs, wagons, light and heavy, and carts, frail or strong, carts for bread or meat, for bricks or milk, were bearing fugitives--old men, young mothers, grandmothers, maidens and children--with their trunks, bales, bundles, slaves and provisions--toward the Jackson Railroad to board the first non-military train they could squeeze into, and toward the New and Old Basins to sleep on schooner decks under the open stars in the all-night din of building deckhouses. ”

“ In every considerable town, there are whole fleets of wagons that reach to the outermost limits, both for collection and for distribution. In this service the automobile truck has begun readily to displace the older type of horse and wagon. The wagon service brings the express package, no matter how small or how large, to a central distributing depot, where all are gathered together and sent, in through railroad cars, to their destinations, being handled very largely as we have seen the L. C. L. freight handled in the great transfer houses of the railroads. ”

“ Certain it is that Old England—every part of Great Britain—knows well the efficient handling of short-haul freight-traffic. The ten-ton goods-wagon (at the most, fifteen) of the British railway is a small unit, easily handled, if necessity arises, by a horse or two at a country station. It is an inexpensive unit [Pg 203] too; and being inexpensive England is able to have over a million freight-cars for her 25,000 miles of line as against but a little more than two million for 265,000 miles of railroad in the United States, which makes much for the flexibility of her railway freight service. ”

“ In the years which followed the actual inception of the railroad in the United States, railway travel was fraught with discomfort and inconvenience beyond the realization of the present day. Travel by canal boat had at least offered a relative degree of comfort, for here comfortable berths in airy cabins were provided as well as good meals and entertainment, but the locomotive, by its greatly increased speed over the plodding train of tow mules, instantly commanded the situation, and as the mileage of the pioneer roads increased, travel by boat proportionately languished. ”

“ The manner in which the freight business is conducted affords a good illustration of the high degree of development to which modern business methods have attained. Freight is accepted by each railroad for shipment not only to all points on its own system, but also practically to every railway station in the country, and even to many foreign cities. ”

“ On shot the locomotive, like an arrow from the bow, the men throwing over the ties until the train was well nigh unloaded, when just as they were close to the curve by which the train arrives at the station, they saw the dreaded cars strike a tie, or something equally of service, and with a desperate plunge rush down the embankment, some fifteen feet, to the little valley, and creek below. ”

“ It will not do to say that the transferring of grain through an elevator is one step in the process of transportation, and that, therefore, they are quasi common carriers discharging a public duty, and subject to public control. They are not carriers in any proper sense of the term. They may facilitate carriage; so does the boxing and packing of goods for transportation. The engineers, firemen, brakemen, and all the thousands of employes of a railroad company are helping the business of transportation ”

“ According to our friend here, at least five thousand men cross that carry each year, making ten thousand through fares one way. Supplies—pressed hay, grain, foodstuffs and all that sort of freight—from ten to fifteen thousand tons. Then there's the sportsman traffic, which could be built up indefinitely if there were suitable transportation conveniences here. Say, Jerrard, do you know there's a fine place for a six-mile narrow-gage railroad right there on Poquette Carry? ”

“ East to West, and North to South—Some of the Giant Roads—Canals—Development of the Country’s Natural Resources—Railroad Projects—Locomotives Imported—First Locomotive of American Manufacture—Opposition of Canal-owners to Railroads—Development of Pennsylvania’s Anthracite Mines—The Merging of Small Lines into Systems.
Fifteen or twenty great railroad systems are the overland carriers of the United States. Measured by corporations, known by a vast variety of differing names, there are many, many more than these. ”

“ In Seatrain's service, freight is transported to the company's dock in railroad cars, the cars and their contents are then lifted onto Seatrain's vessels, and at destination the cars are unloaded and delivered by rail to the consignee. This rail-water-rail service is similar to railroad boxcar service, in that it permits carriage from shipper to consignee without breaking bulk when both shipper and consignee are located on railroad sidings.
Railroad 'piggy-back,' or trailer-on-flatcar (TOFC) , service is like that provided by Sea-Land. ”

“ The act as amended June 29th, 1906 (34 Stat. at L. 584, chap. 3591, Comp. Stat. 1913, § 8563) , defines what is meant by common carriers-engaged in transportation by railroad-which are brought within the control of the act, and a railroad is defined to include all switches, spurs, tracks, and terminal facilities of every kind, used or necessary in the transportation of persons or property designated in the act, and also all freight depots, yards, and grounds used or necessary in the transportation or delivery of any of said property. ”

“ THE SUPPLY TRAIN.
July 3, 1904. My Dear Boy:—Blacksmiths’ horses and shoemakers’ wives proverbially go unshod. A railroad puts up its poorest sample of transportation in the routine handling of its own material and supplies. Company stuff is moved and handled last of all; and probably at maximum expense. For example, if we wish to ship a car of wheels to division headquarters we load them after we are lucky enough to get an available car. ”

“ The Northern Pacific was served for years by the Boston Steamship Company, and the Great Northern Railroad built two of the largest cargo carriers in the world for an extension of service across the Pacific. Most of the ships in these extensions of railroads have been of American build.
In oversea traffic the through bills of lading and special terminal facilities gave the ships owned by railroads special advantages in the world's traffic. A great corporation is able to purchase supplies at the lowest prices. ”

“ The railroad and pipe-line companies are common carriers of freight for all persons, are bound to receive it when offered at convenient and usual places, and to transport it for all, for reasonable compensation, without unreasonable discrimination in favour of any. ”

“ A third great point of difference between the railroad and other carriers appears if, while its capacity is still only partially utilized, it encounters the direct rivalry of other railroads that are eager for business; competition then takes a shape which impels the participants irresistibly into some kind of combination. ”

“ At the present day we can order any equipment which may best meet the requirement upon any railroad, and the order will be promptly met by any one of our great manufactories. But in the early days of the Western Railroad it was far otherwise, and the locomotive which should successfully and economically operate the hitherto unheard of grade of over 80 feet to the mile was yet to be seen. ”

“ Prompt loading and unloading of freight-cars is one way in which owners of freight can conserve railway service and in the long run help themselves.
The conservation of railway service has yet larger aspects. The moving of a freight-car from the place of shipment to its destination is the duty of the railway company, but it cannot perform that duty without adequate facilities. ”

“ He never hits it an’ he never expects to. So more an’ more they’re gettin’ to move this freight on special orders. They can better regulate it then, ’cordin’ to volume of business. Mos’ of the men carry the schedules of the fas’ an’ th’ way-freights in their domes. Th’ coarse tonnage stuff doesn’t even get special orders. When they get enough of it, down on th’ main line, they get an engine out o’ th’ roundhouse, give the train th’ engine number, and start off. Railroad traffic along the freight end follows business conditions mighty close. ”

“ He is only liable to carry to such places as he holds himself out to be a common carrier to and from, and then only to carry such descriptions of goods as he professes to carry. As will be seen hereafter, there are certain articles of which railway companies are not, and decline to be, common carriers. ”

“ In 1919 the entire property, including controlled lines, embraced more than 13,000 miles of main track, besides about 5000 miles of extra tracks; over 200,000 freight cars are in use on the system, and every year upwards of 200,000,000 tons of freight are transported. ”

“ For every hour of the day there swept over it, pounding at it, the monstrous freight locomotives, weighing a hundred tons, marvels of strength and power, pulling long lines of heavy cars, laden with coal and iron and grain, hurrying to give the Old World of the abundance of the New. And every hour, too, there flashed over it, at a speed almost lightning-like, the through passenger trains—the engines slim, supple, panting, thoroughbred; the lumbering mail-cars and day coaches; the luxurious Pullmans far heavier than any freight-car. ”