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Railway Rate Regulation fixed price for the carriage of a letter

canism on which the Nation's prosperity it. For that evil is not exorbitant depends, of which it has a right to be rates, but uneven and unequal rates. proud, and from which it too often What the shipper and the public in allows its thoughts to be diverted by the general want is not primarily low rates, glare and the noise furnished by Ameri- but regular and equal rates. So long as cans of a very different type. Among there is competition between rival roads, Massachusetts Governors his name so long one road will offer special stands easily in the front rank.

advantages to large shippers in order to get their business and other roads will be compelled to follow suit. There is a


from New York to Chicago. No man The Outlook heartily indorses the can get his letter carried for less befundamental position respecting railway cause he is on special terms with the rate regulation taken by Mr. Paul Mor- postmaster. What the country wants ton in his article printed on another page is a freight rate as uniform as a postage of this issue. Mr. Morton is a railway rate. The railroad may charge less for expert; our indorsement is of value only 1,000 pounds than one hundred times as it represents non-expert opinion. what it charges for 10 pounds; but not.

There are two methods of dealing with less to. A for carrying 1,000 pounds the railroad problem. One is to prevent than it charges to B. Competition has combination between parallel lines of no effect to secure any such uniformity railroad, and trust to competition to pre- of rate. On the contrary, its effect is to vent unfair dealing. The other is to produce inequality of rates. If the law permit if not encourage combinations, makes it necessary to underbid a rival in and simultaneously bring the railroads order to get business, the rival will be under Government supervision. The underbid, and the highways of the Nation first method trusts to the rivalry of self- will be run in the interest of favored seeking interests to protect the public; shippers. the other trusts to a Government organ- Congress should abolish the prohibiization with power which represents the tion against pooling, for the prohibition public. Congress does not appear to be does no good and does much harm. clear in its mind which of these plans is But Congress should at the same time the best. It therefore attempts to com- bring the combination under Governbine them; and, by attempting to satisfy ment control. Otherwise the shipper the advocates of both plans, satisfies the must accept whatever rate the railroad advocates of neither. It has hitherto chooses to offer. Without such control, prohibited pooling; that is, it has for- before the public can use the highway bidden competing railroads to agree which the public have really created, together on a price to be charged for the public must pay whatever tolls freight, and then divide the freight the managers of the road think is among themselves in some proportion to fair, if they are just men, or can exbe agreed upon ; and it has created an tort, if they are unscrupulous men. The Inter-State Commerce Commission to Western farmer must pay the rate, whatwatch the railroads, but has given it no

may be, or leave his corn and power to control the railroads.

wheat to rot upon the ground. The We have no doubt that the remedy only possible way of meeting this essenfor favoritism in the administration of tial injustice is to meet the railroad the public highways is not prohibition combination with a combination of the of competition, but Government control. people. Power to fix the rates must be The former is a failure because the first lodged somewhere. There is less likelieffect of prohibiting combination is not to hood of injustice if it is lodged in an prevent it, but only to make it secret impartial tribunal representing all the and therefore more injurious; and the people than if it is lodged in a board of second effect is not to cure the evil from railroad directors who represent only the which shippers suffer, but to aggravate railroads. Whether this body should be

ever it


the Inter-State Commerce Commission, be successfully resisted by the monopoas is proposed by the Quarles-Cooper lists, whether shippers or railroad men. Bill, or a special tribunal created for the purpose, as is proposed by Mr. Mor

Postal Fraud Laws ton, may very well be matter for further consideration, both in and out of Con- The Assistant Attorney of the Postgress. What is essential is that Con- Office Department gives to our readers gress should invest some body with on another page a very interesting acjudicial power to hear complaints, de- count of some of the fraudulent schemes cide authoritatively whether they are which the Post-Office Department has well founded or not, and render decisions unearthed and to which it has put an which shall become as much a part of the end. This it has done under a Federal law of the land as the decisions of other law which authorizes the Postmasterlegal tribunals, and to which therefore General, upon satisfactory evidence that both the railroads and the shippers must the mails are being used by a lottery or submit,

by any fraudulent scheme, to issue a Mr. Morton's article is especially sig- fraud order instructing the postmasters nificant because it affords a demonstra- to return to the senders or send to the tion that fair-minded railroad men and Dead Letter Office all mail addressed to fair-minded shippers are of one mind on the managers of the lottery or the frauduthis subject. Their interests are not lent scheme, and to refuse payment to antagonistic. In fact, representatives of them of all money-orders. Were it not both classes urged upon the President for this law, any clever, unprincipled perthe necessity for reform, and agreed on son could enrich himself in a few months, the essential principles of that reform, using the post-office for that purpose. and the President incorporated their Deprived of this law, the people of the counsels in his recent Message. The country, especially of the poorer classes, opposition to this measure does not would be swindled of millions of dollars come from the railroads, though opposi- every year, tion comes from certain railroad man- Until the middle of the last century agers who believe that the public high- lotteries were operated in England and ways are their private property and are America by governments, churches, and to be managed exclusively in the inter- benevolent societies as a source of revests of private owners. Opposition cer- enue. Parliament and Congress authortainly does not come from the shippers, ized their conduct; States, cities, and though it comes from some shippers towns raised thousands of dollars by this who, by reason of railroad favoritism, method. Money for the improvement have been able to crowd their rivals out of the streets of Washington was once of business and secure a monopoly of secured by means of a lottery authorized their trade by obtaining a monopoly of by Congress. In striking contrast with the transportation of the articles of their the plethora of money seeking investtrade. And this opposition is reinforced ment in United States Government secuby that very considerable class of per- rities to-day is the effort of the Colonial fectly fair-minded and honest men who Congress of 1779 to secure a loan of always dread experiments, not seeing $800,000 by offering, in addition to four whither they will lead. These disinter- per cent. interest, $276,000 to be disested opponents can be persuaded; the tributed by lot among subscribers. interested opponents must be simply Sanctioned thus by State and Church, voted down. And if they are to be the lottery thrived. Society asserted it voted down in Congress, it is necessary to be legal and moral. Chancellor Kent to create outside of Congress a strong said it was a fair way to reach the and intelligent public sentiment in sup- pockets of misers and persons disposed port of the doctrine so ably presented to dissipate their funds." by Secretary Morton—that the public This attitude still continues in many highways must be controlled by the pub- European countries. But in America lic; a sentiment so strong that it cannot opinion regarding lotteries has under

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gone a great reversion. The people not merely by chance. This decision have not been content with passing laws has lately been reversed, and upon against fraudulent lotteries, but have grounds which appear to us to be inincorporated provisions in their State controvertibly correct. Thus, the man Constitutions prohibiting all lotteries. best qualified to estimate the result of Louisiana, in 1893, was the last to pro- the Census of 1900, the Director of the hibit them.

Census, predicted that it would be about The desire for protection against 72,500,000. It was 75,994,575. It canfraudulent lotteries, and not a feeling not be successfully denied that a person that lotteries honestly conducted are comparatively ignorant of conditions pernicious and immoral, gave rise to the might have guessed nearer the actual Federal laws of 1872, the first of impor- figure than the estimate of the Director tance upon this subject. The Postmas- of the Census, and that his doing so ter-General was authorized to issue would have been a mere matter of chance. “ fraud orders” against fraudulent lot. Under the present rule of the Court, teries only. Not until 1890 was this the Post-Office authorities will scrutinize limitation removed and the word “fraudu- each of these guessing contests on its lent” dropped from the law. 'Until 1895 own merits, and where the lottery elethe order was confined to registered ment is evident will stamp the scheme as mail, but at that time it was made ap fraudulent and deny it mailing privileges. plicable to all mail.

The constitutionality of these statutes This postal law is the most potent has been denied upon the three grounds : agency for the suppression of lotteries First, that they provide no judicial hearin the United States. To-day little ing upon the question as to whether the trouble is encountered in its speedy en- operating scheme is fraudulent; secforcement. The vigilance of postmas- ondly, because they authorize the seizing ters and other officials reduces the matter of all letters without discriminating berelating to lotteries passing through the tween those which may contain and those mails to a minimum. All newspapers which may not contain prohibited matter; containing lottery advertisements or no and, thirdly, because they empower the tices are excluded from the mail. All Postmaster-General to confiscate the matter concerning pool-selling is also money of the addressee, or the reprebarred from the mails, the Department sentative of money, which has become following the decisions of the State his property by the depositing of the courts, notably those of New York letter in the mails. and New Jersey, in holding pools upon The Supreme Court has recently conhorse-racing to be lotteries. Amer- sidered these three objections, affirmed ican genius is constantly devising new their insufficiency, and affirmed also the schemes containing elements of chance constitutionality of the law, upon the appealing to human avarice in the hope broad ground that the Federal Governthat the officials or the courts will hold ment, in undertaking the carriage of the them not to be in violation of law, mails, has an unqualified right to deterThe most successful evasion of the mine what it will carry and upon what law thus far has been by means of conditions. The Court said: guessing contests. In these, prizes aggregating $75,000 and upwards in

We find no difficulty in sustaining the

The one contest have been offered to per- postal service is

constitutionality of these sections.

by no means an indispensasons making “the nearest correct esti- ble adjunct to a civil government, and for mates” of the number of votes cast hundreds, if not for thousands, of years the in an election, the number of paid transmission of private letters was either inadmissions to the World's Fair, etc.

trusted to the hands of friends or to private

enterprise. It was not until 1845, when Until quite recently, the law received a the postage was reduced to five and ten strict construction, and these contests cents, according to the distance, and a were held not to be lotteries, because, stamp or stamps introduced, that it [the as alleged, the estimates were determined postal service) assumed anything of the

importance it now possesses. The legis by judgment based upon research, and lative body in thus establishing a postal

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service may annex such conditions to it as it

opera orchestras during the American chooses. In establishing such system Con

tours of the early singers of European gress may restrict its use to letters, and deny it to periodicals; it may include periodicals reputation who came to this country. and exclude books; it may admit books to .Until 1861 he was a member of different the mails and refuse to admit merchandise.” German and Italian opera troupes, and

The apprehension at one time enter- served as concert-master. In 1855 he tained by conservatives lest legitimate began, in connection with other musibusiness enterprises might suffer from cians, a series of chamber-concerts, which an arbitrary enforcement of this law has continued for a period of fourteen years. not proved well grounded. A conserva

In 1862 the Philharmonic Society of tive spirit has characterized the adminis- Brooklyn appointed him conductor, a tration of the law in the past. There position which he held for nearly thirty has been no abuse of the authority the years. From 1864 to 1869 he conducted law conferred upon the Government, and his own symphony concerts, resuming no illustrations of the exercise of that them in 1872, and securing, as a result, authority except in cases of palpable both by his programmes and by his fraud. And it is impossible to estimate genius as a conductor, a National reputhe amount of money that has been

tation. In 1872 he went to Cincinnati saved to the innocent and unwary by the with his orchestra, and his presence in enforcement of this beneficent statute. that city encouraged its music-lovers,

who have always been many, to arrange

a meeting of the choral societies of the Two' Public Benefactors West; and this proved to be the begin

ning of the musical festivals which have The spiritual dignity and value of a made that city one of the centers of man's life lie in the preponderance of musical interest in the country, and the element of unselfish service in his have resulted in the building of Springer vocation. This service may be rendered Hall and the College of Music. In 1878 either in the practice of a vocation or in Mr. Thomas became Director of the the use to which the rewards of a vocation latter institution, coming to New York are put. Teachers of all kinds, for in- monthly to conduct the Philharmonic stance, artists, statesmen, directly serve concerts, of which he remained conthe common welfare by their daily work; ductor until 1891, when he was called many men dealing with practical affairs to Chicago and organized the Chicago serve the same end by the use to which Symphony concerts, of which he was they put the returns of their daily work. conductor at the time of his death. To Last week this country suffered a perma- his work in connection with these connent loss by death of two men who con- certs he added concerts for young people, spicuously represented these two kinds symphony concerts, popular concerts, he of service, and whose lives were full of gave for a time a series of delightful the dignity which such service brings. high-class concerts in a garden in New Theodore Thomas, dying at his home York City, and than


other in Chicago in his seventy-first year, has he educated the public of New York to left behind him an unbroken record of an appreciation and love of the best artistic achievement. From the begin- music. He made no concessions to ning to the end of that career there was popular taste; but he was so thoroughly never a moment of faltering in loyalty to the master of the art of conducting, so the highest standards of the musical art; profoundly imbued with the musical in steadiness and consistency of purpose spirit, so firm in his faith in the power that career was unbroken. Born in a of the highest music to appeal to and little town in Germany, brought to this satisfy even those who were musically country when a child, he played his first uneducated, that he built up rapidly a solo in public at the age of twelve, in devoted constituency, and accustomed the old Astor Place Opera-House, New them to the best interpretation of the York City; and he began his career as best music. a musician by playing in concert and

It is to Theodore Thomas more than



to any other man that the intelligent either in his character or in his art; but appreciation and understanding of music it must be said of Theodore Thomas which characterize New York are due. that from the beginning to the end he His taste was wonderfully catholic. He never faltered in his devotion to the held to the old with tenacity, but he highest ends of his art, and that his welcomed the new with hospitality. No devotion became the opportunity for a man loved Beethoven more, no man great service; for he made the art of interpreted Bach with the orchestra music understood and loved by tens of with greater sympathy; but, on the thousands who had no technical training. other hand, no man so persistently and finally so victoriously interpreted and Mr. William H. Baldwin, Jr., who died popularized the music of Wagner. The at his summer home on Long Island large number of men and women in last week after a long and painful illness, New York who went to school to Mr. was an exceptionally fine type of the Thomas and gained their insight into educated man in business. He commusic from his baton have not forgotten bined in an unusual way the best qualthe quiet, persistent enthusiasm with ities of what is called the self-made man which in those days he made Wagner's and of the man who has had good music familiar in New York City. educational opportunities. Receiving a

This catholicity Mr. Thomas retained thorough training at the Roxbury Latin to the last day of his life, together with School, in Harvard College, and in the unworn enthusiasm and freshness of Harvard Law School, he entered busifeeling; his latest programmes included ness life at the lowest level, going the oldest and the newest music. What directly from the Law School into the he did in New York in the earlier part service of the Union Pacific Railroad as of his career he repeated in Chicago in a clerk. His fortune was in his own the later years; and to him more than hands from the start, and his rapid rise to any other single man, as a result of was due to his exceptionally high charhis earlier work in Cincinnati and his acter, his force, and his intelligence, latest work in Chicago, is due the wide- Before the year was out he had become spread and growing enthusiasm for the General Traffic Manager of the music in the Central West. When he Union Pacific at Omaha. A year later went to Chicago, eleven years ago, his he was made Division Freight Agent of reputation had secured over six thousand the same road at Butte, Montana, and names on the subscription list of the not many months subsequent he was Chicago Symphony Organization and advanced to the presidency of the Monsubscriptions amounting to $450,000, a tana Union Railroad. In 1890 he was fund of $750,000 having been fixed as elected Assistant Vice-President of the the amount necessary to put the orches- Union Pacific; from June, 1891, to July, tra on a permanent basis. The Audito- 1894, he was General Manager of the rium was crowded at all his twenty-four Flint and Père Marquette Railroad of evening and twenty-four afternoon con- Michigan. Then, removing to Washcerts, Not only was this money raised, ington, he accepted the Third Vicebut the noble Orchestra Hall was built Presidency of the Southern Railroad, and dedicated last month, and Mr. being advanced to the office of Second Thomas had the satisfaction of conduct- Vice-President two years later. In the ing four concerts in this new home before same year, by the death of Mr. Austin his death. He lived to face a great and Corbin, the presidency of the Long Isltumultuous audience three weeks ago at and Railroad became vacant, and the the dedication of Orchestra Hall in Chi- position was offered to Mr. Baldwin by cago, but he did not live to receive what a group of financiers. He handled the would have been an equally cordial wel- affairs of that road with characteristic come and personal recognition from a discretion, foresight, and boldness; and great audience in Carnegie Hall on the story of his success is perhaps best his return to conduct a concert during told by the statement that on his deaththe coming season, No man is perfect bed, in his forty-first year, he was presi

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