{ Mail Carrying Railways Underpaid A Statement by the Committee on Railway Mail Pay representing 214,275 miles of Railway in the United States, operated by 268 companies, containing facts and figures which prove that Railway Mail Pay does not equal the oper- ating expenses that it makes nec- essary, leaving nothing for return upon the value of the property. THE COMMITTEE ON RAILWAY MAIL PAY J. KRUTTSCHNITT, Chairman Director of Maintenance and Operation, Union and Southern Pacific Systems RALPH PETERS, Vice-Chairman President, Long Island Railroad CHARLES A. WICKERSHAM President and General Manager, Western Railway of Alabama W. W. BALDWIN Vice-President, Chicago, Burlington & Quincy Railroad W. W. ATTERBURY Vice-President, Pennsylvania Railroad GEORGE T. NICHOLSON Vice-President, Atchison, Topeka & Santa Fe Railway E. J. PEARSON First Vice-President, Missouri Pacific Railway E. G. BUCKLAND Vice-President, New York, New Haven Hartford Railroad C. F. DALY Vice-President, New York Central Lines W. A. WORTHINGTON Assistant Director of Maintenance and Operation, Union and Southern Pacific Systems W. F. ALLEN, Secretary H. T. NEW COMB, Statistician Mail Carrying Railways Underpaid A STATEMENT By the Committee on Railway Mail Pay representing 214,275 miles of Railway in the United States, operated by 268 companies, containing facts and figures which prove that RAILWAY MAIL PAY does not equal the operating expenses that it makes necessary, leaving nothing for return upon the value of the property. October, 1912. II. III. IV. V. VI. - TABLE OF CONTENTs. - Page Scope of this Pamphlet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Railway Mail Pay Is About to be Forced Still Further Below the Level of Just Compensation, Unless Payments are Promptly Read- justed, on Account of the Additional Volume of Mail that Will Result from the Inauguration, on January 1, 1913, of the Parcels Post. 3 The Postmaster-General’s Erroneous Assertion that the Railways were Overpaid “About $9,000,000.00” in the Year 1909, Rests Primarily Upon His Adopting an Unprecedented Theory which Allows Nothing for a Return. Upon the Capital Invested in Railway Property. . . . . . . . . 4 The Mail Service Supplied by the Railways Costs Them More in Operating Expenses and Taxes than They Are Paid For It, and Leaves Nothing for Return on the Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The Postmaster-General's Apportionment of Space Between the Mail Service and the Other Services Rendered on Passenger Trains Did Not Allow to the . Mails the Space which They Actually Require and Use and this Had the Result of Unduly Reducing His Estimates Of the Cost to the Railways of the Mail Service. . . . . . . . . . . . . . . . . . . . . . . . 9 The Postmaster-General Ignored Data which He Had Obtained Show- ing Expenditures on Account of the Mails Largely in Excess of the Direct Expenses for that Service which He Reported. . . . . . . . . . . . . . . . 11 VII. The Month of November Is Not a Fair Average Month in Any Rail- way Year or One that Is Typical of a Year's Business and Its Use as the Sole Basis of the POStnaster-General's Calculations Was So Un- favorable to the Railways as to Deprive the Results of Any Value Even If in All Other Respects His Methods were Beyond Criticism. . . . 13 VIII. A Commission of Senators and Members of Congress which, Be- IX. XI. tween 1898 and 1901, Most Fully and Carefully Investigated the Sub- ject, Ascertained and Declared that Railway Mail Pay was Not Then Excessive; Since Then there Have Been Many and Extensive Reduc- tions in Pay Accompanied by Substantial Increases in the CoSt. and Value of the Services Rendered by the Railways. . . . . . . . . . . . . . . . . . . . . 14 The Administration of the Post Office Department Has Not, in the Last Twelve Years, Effected any Reduction in the Annual Total of Its Expenses for Other Purposes than Railway Transportation or in the Proportion of Its Revenues Required for Such Other Expenses, but the Whole Saving Which Has Nearly Eliminated the Annual Deficit of the Department Is Represented by the Reduced Payments, Per Unit of Service, to the Railways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 The Continuous Refusal of the Post Office Department to Order Re- weighings of the Mails Except After the Maximum Interval of Four Years which the Law Allows, the Demands for Station and Terminal Services that Are Rendered Without Any or Without Adequate Compen- Sation and the Unjust Discrimination Against Compartment Cars Used as Railway Post Offices Are All Abuses, Seriously Injurious to the Railways, Which Have Grown Up Under the Present System of Pay- ment and Ought at Once to Be Remedied. . . . . . . . . . . . . . . . . . . . . . . . . . . 18 The Postmaster-General’s Proposed Plan of Payment Based Upon Operating Cost and Taxes, to Be Ascertained by the Post Office Depart- ment, Plus Six Per Cent. Is Seriously Wrong in Principle and Would Encourage and Perpetuate Injustice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Appendices. i G. Extracts from the Postal Laws and Regulations. . . . . . . . . . . . . . . . . . . . 23 Classification of Operating Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Receipts from Passenger and Freight Traffic by Months. . . . . . . . . . . . . . 28 HOW Railway Wages Have Increased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 HOW Railway Taxes Have Increased. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C) Letter dated September 11, 1912, from Hon. Jonathan Bourne, Jr., Chairman, Senate Committee on Post Offices and Post Roads....... 31. Reply made thereto by the Committee on Railway Mail Pay. . . . . . . . 32 2 $ ! Ø - \ A // § % .” ''. & . . . . '' ." zº g … 22.2. & º - Č. / K2-6 • & & & ºf gº e ****, A I. SCOPE OF THIS PAMPHIBET. The Committee on Railway Mail Pay, representing railways whose lines include ninety-two per cent. of the aggregate length of all railway mail routes in the United States, believes that the payments to the rail- ways for the services and facilities furnished by them to the Post Office Department are, and for a long time have been, unjustly low. This pamphlet contains a concise statement of the facts which prove that this belief is warranted and, incidentally, a refutation of the estimates made by the Postmaster-General, and reported to the Congress (House Docu- ment No. 105, Sixty-second Congress, first session), which led him to conclude that the basis of payment could now properly be changed so as to accomplish a present reduction of about twenty per cent. It will be shown that although the insufficient data and the erroneous methods employed by the Postmaster-General resulted in his making estimates of cost tº the railways that are far below the real cost, his own figures and calculations, when properly analyzed and Supplemented, demonstrate that the mail service has not been fairly remunerative to the railways. Before proceeding to this demonstration it should, however, be noted that— II. RAILWAY MAIL PAY IS ABOUT TO BE FORCED STILL FURTHER BELOW THE LEVEL OF JUST COMPEN- SATION, UNLESS PAYMENTS ARE PROMPTLY READJUSTED, ON ACCOUNT OF THE ADDITIONAL VOLUME OF MAIL THAT WILL RESULT FROM THE INAUGURATION, ON JANU- ARY 1, 1913, OF THE PARCELS POST. Congress has provided for a vast and incalculable extension of mail traffic by creating a “Parcels Post,” to be inaugurated on January 1, 1913, which, by opening the mails to many articles not previously ac- cepted at the post-offices and by materially reducing the rates on mailed merchandise, is expected enormously to increase the Volume of the ship- ments which it covers. The Government seems to have assumed that, under existing contracts, which were made before the meaning of the word “mail” was thus extended, the railways can be compelled, until these contracts expire, to carry this great additional volume of mail traffic WITHOUT ANY COMPENSATION WEHATEVER. If the former practice of the Post Office Department is followed, no new con- tracts will be made until after the next quadrennial weighings in each 3 of the four weighing sections, so that the position of the Government amounts to an assertion that the whole added volume of the Parcels Post mails will have to be carried without any compensation by the railways of New England for four years and six months (these railways are in the first weighing section but the weighing for the adjustment to be made on July 1, 1913, has begun and will be completed before the Parcels Post is inaugurated), by those of the second weighing section for three years and six months, by those of the third weighing section for two years and six months, by those of the fourth weighing section for One year and six months, and by those of the first weighing Section, not located in New England, for six months. No presentation of the injus- tice of the mail pay received in former years suggests even the approxi- mate extent of the losses which the railways will thus incur in the next four and one-half years, unless readjustments are promptly made on account of the Parcels Post. III. THE POSTMASTER-GENERAL’S ERRONIEOUS AS- SERTION THAT THE RAILWAYS WERE OVERPAID “ABOUT $9,000,000.00” IN THE YEAR 1909, RESTS PRIMARILY UPON HIS AIDOPTING AN UNPRECEDENTED THEORY WHICH AL- LOWS NOTHING FOR A RETURN UPON THE CAPITAL IN- TVESTED IN RAITVWAY PROPERTY. * The Postmaster-General assumed that the railways would be pro- perly compensated if they received a sum equal to the operating expenses and taxes attributable to the carriage of the mails plus six per cent. Of the sum of those expenses and taxes. The calculation by which he ob- tained the sum which he assumed would have been proper compensation for the single month covered by his investigation was as follows: His estimate of operating expenses and taxes on account of mail service (Document No. 105, p. 280) for One month. . . . . . . . . . . . . . . . . . . . . . . $2,676,503.75 Six per cent. Of above. . . . . . . . . . . . . . . . . . . . . . . . 160,590.22 Total, assumed to represent just compensa- tion for One month. . . . . . . . . . . . . . . . . . . . $2,837,093.97 The railways having been paid, for the month selected, $770,679.16 in excess of the sum resulting from the above calculation, the Post- master-General assumed that this excess over expenses and taxes plus six per cent. constituted excessive profit for that month. He multiplied this assumed excess by twelve to get his estimate of annual excess and stated the result, in round figures, as “about $9,000,000.” The mere statement of this method discloses the fact that it makes no allowance for any return upon the fair value of the railway property 4 employed in the service of the public. This omission is, of itself, suffi- cient wholly to destroy the Postmaster-General’s conclusion. Everyone recognizes that a railway is entitled to at least a reasonable return upon the value of its property devoted to the public service. The Postmaster- General ignored this universally accepted principle and adopted a theory which, if applied to the general business of the companies, would render substantially every mile of railway in the United States immediately and hopelessly bankrupt. The recently published report of the Interstate Commerce Commission on the railway statistics of the year that ended with June 30, 1910, contains data by which this statement is easily demonstrated, as follows: Operating expenses of all United States rail- g Ways, for the year. . . . . . . . . . . . . . . . . . . . ... . . $1,822,630,433 Taxes of all United States railways, for the year 103,795,701 Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,926,426,134 Six per cent. of above total . . . . . . . . . . . . . . . . 115,585,568 Total gross receipts permitted by Post- master-General’s plan . . . . . . . . . . J. . . . $2,042,011,702 But if this plan had been in force, the railways would have had, for interest on mortgage bonds, a reasonable surplus as a margin of Safety, dividends on stocks, unprofitable but necessary permanent improve- ments,” rents of leased properties, etc., etc., only the six per cent. or $115,585,568. This figure may be compared with the following, among others: Interest obligations (on funded debt only) of all United States railways, for the same year.. $370,092,222 Rentals of leased properties, all United States railways, for the same year. . . . . . . . . . . . . . . . $133,881,409 Plainly, the Postmaster-General’s proposal is equivalent to an asser- tion that the railways would make a fair profit if they were enabled to collect the sum of $115,585,568 in addition to their operating expenses and taxes, but the figures given by the Interstate Commerce Commission * The necessity for providing, out of income, for some kinds of improve- ments is commonly admitted. The public Constantly demands greater Comfort and convenience which can be supplied only by improvements in property and equipment that bring in no additional income. A present example in the mail service, itself, is the great expense which the railways are now undergoing in Substituting steel mail Cars for those formerly in use. The old cars, which thus become a total loss Were fully up to the most advanced standards of Con- Struction When built and they could Continue for a long time to serve the purposes of the service except for the public demand for stronger cars. 5 show that this would be less than one-third of the sum necessary to meet interest charges which must be paid in order to prevent foreclosures of mortgages and, if bond interest could be ignored, is much less than the rentals that must be paid if the existing systems are not to be broken up. And, of course, it would allow nothing whatever for legitimate demands upon income for dividends, permanent improvements or surplus. It is unnecessary to dwell upon the consequences of such a theory of “compensation” to railroad credit and to the public interest in effi- cient transportation service, to say nothing of the consequences to owners of railroad stock and bonds. Such a theory is not a theory of compen- sation—it is a theory of oppression and of destruction. The fact that the Postmaster-General has found it necessary to justify his attack upon the present basis of railway mail pay by a theory so unprecedented and so unwarranted in principle and in law, raises a strong presumption against all his opinions and conclusions upon this subject. IV. THE MAIL SERVICE SUPPLIED BY THE RAILWAYS COSTS THEM MORE IN OPERATING EXPENSES AND TAXES THAN THEY ARE PAID FOR IT, AND LEAVES NOTHING FOR RETURN ON THE PROPERTY. It cannot be too strongly emphasized that the railway mail pay at present is insufficient to pay even its proper share of operating cost and taxes and does not produce any return upon the property. This will be demonstrated by any fair inquiry, as will now be shown. Reports Submitted to the Postmaster-General by railways operating 2,411 mail routes, with a total length of 178,710 miles, showed that their gross receipts, per car-foot mile”, from services rendered on passenger trains during November, 1909, were as follows: From mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.23 mills From other services. . . . . . . . . . . . . . . . . . . . . . . . . . 4.35 mills Thus it appears that the space on passenger trains required for the mails is proportionately less than three-quarters as productive as that devoted to passengers, express, milk, excess baggage, etc., etc. As it is the general belief of railway managers, whose conclusion in this respect has rarely if ever been challenged, that the passenger train services, as a whole, do not produce revenues sufficient to meet their fair proportion of the operating costs and the necessary return upon investment, and * A Cal-foot mile is a unit equal to moving one foot in car length (re- gardless of Width or height) one mile. Thus to move a car sixty feet long One mile results in sixty car-foot miles; to move the same car three miles results in 180 car-foot miles, etc. - therefore are not reasonably compensatory, it is evident that the mail service, the pay for which is more than twenty-five per cent. below the average for the other services rendered on the same trains, must bring in much less than reasonable compensation. Certainly railroad revenues as a whole could not be reduced twenty-five per cent. without destroying all return upon the property. If so, it must be true that there can be no compensation in a rate of mail pay that is twenty-five per cent. less than the rate of pay for passenger traffic which, as above shown, is rela- tively unprofitable. . No merely statistical comparison can, however, reveal the whole story for the railways are required to furnish many incidental facilities and to perform many additional services for the Post Office Department, which render the mail service exceptionally arduous and costly. These extra services include calling for and delivering mails at a large propor- tion of the post offices located at railway towns; supplying rooms, with light, heat and water, in railway stations for the use of the mail clerks; placing cars, duly lighted and heated, on station tracks for advance distribution, often many hours before the departure of trains; carrying officers and agents of the Post Office Department as passengers but with- out compensation to the extent of more than 50,000,000 passenger miles annually (this baing, of course, in addition to the railway mail clerks on duty), etc., etc. Extracts from the “Postal Laws and Regulations” defin- ing and demanding these services are given in Appendix A. No one can examine this appendix and not be convinced that the mail service is the most exacting among all those rendered by American railways. The fairness of railway mail pay can also be tested by apportioning operating expenses between passenger and freight traffic, and then mak- ing a secondary apportionment of the passenger expenses between mail and other kinds of traffic carried on passenger trains. This method in- volves charging directly to each kind of traffic all expenses pertaining exclusively thereto, and the apportionment, on some fair basis, of those expenses which are common to more than one kind of traffic. In accordance with the request of the Postmaster-General, the railways estimated the cost of conducting the mail service in the manner just explained and reported the results to the Postmaster-General. After first charging to each service the expenses wholly due to it they appor- tioned the common expenses between the passenger and freight services, following (with inconsequential exceptions) the method most generally employed for that purpose, namely the apportionment of these expenses in the proportions of the revenue train mileage of each service. Having estimated, in this way, the operating expenses attributable to passenger trains, the railways assigned to the mails the portion of this aggregate indicated by the proportion of the total passenger train space required 7 for the mails. Using this method, 186 railways, operating 2,370 mail routes, with a total length of 176,716 miles, ascertained and reported that for November, 1909, the operating expenses (not including taxes), for conducting the mail service were $4,009,184. The Postmaster-Gen- eral states (Document No. 105, page 281), that all the railways repre- sented in the foregoing, and enough others to increase the mileage rep- resented to 194,978 miles, were paid for the same month only $3,607,- 773.13. It thus appears that the pay was far below the operating ex- penses, without making any allowance for taxes or for a return upon the fair value of the property employed. While different methods are in use for ascertaining the cost of passenger train service and the results produced by such methods may show considerable variation, yet the mail pay is so far below reasonable compensation, from the standpoint of the cost of the service and a return upon the value of the property, that no method can be reasonably urged which would not demonstrate the non-compensatory character of the present mail pay. This is illustrated by the method which the Post- master-General himself employed, as the character of that method is such that it necessarily produces the very lowest estimate of cost for the passenger train service. The Postmaster-General, by his method of apportionment arrived at a cost of . . . . . . $2,676,503.75 But this must be increased (as will be shown below, on account of his erroneous appor- tionment of car space (page 10), by . . . . 800,802.00 And also on account of his refusal to as- sign expenses directly incurred in the mail Service (page 12). . . . . . . . . . . . . . . . . . . . . 401,126.00% Total, according to the Postmaster-Gen- eral’s method of apportioning costs he- tween passenger and freight traffic. . . . . . $3,878,431.75 Thus even, the Postmaster-General’s method of apportioning costs between freight and passenger traffic produces an operating cost in excess of the total pay received by the railways, leaving nothing whatever for return upon the fair value of the property or necessary but non-income producing improvements. There is no allowance, in any of these estimates of cost, for the large volume of free transportation supplied to officers and agents of the Post Office Department, when not in charge of mail, although this amounts to * TheNe may be some duplication in this item, but to eliminate it would require an elaborate Computation which, in view of the broad margin of ex- penses over receipts, is wholly superfluous. Whatever duplication exists must be small in Comparison with this margin. 8 over 50,000,000 passenger miles annually and, at the low average Tate of two cents per mile, would cost the Post Office Department more than $1,000,000 per year. Moreover, as will presently be shown (pages 13-14) all the figures here discussed are for the month of November, a month which, because of the abnormally low ratio of passenger traffic to freight traffic, Sub- stantially understates the cost of the passenger train Services, when fig- ures derived from it are applied to an entire year. It thus becomes evident that any inquiry which takes into consider- ation the necessary elements of the situation will demonstrate that rail- way mail pay is too low. It is only by ignoring essential elements of the service and of expense and the fundamental element of a return on the value of the property that any argument to the contrary can be constructed. Thus the mail traffic does not pay its operating cost. That traffic is a substantial percentage of the total public Service performed by the railroads. It should contribute a substantial proportion to the taxes which the railroads have to pay and to the return on railroad property which its owners are entitled to receive. Clearly no fair method can be devised which will fail to show that the existing mail pay is far below a fairly compensatory basis. Certainly this condition ought not to be intensified by adding the injustice of still further reductions. On the contrary, the unjust reductions of recent years should be corrected for the future, and the railroads should be relieved from the strikingly unjust methods by which they are at present deprived of anything ap- proaching fair compensation. V. THE POSTMASTER-GENERAL’S APPORTIONMENT OF SPACE BETWEEN THE MAIL SERVICE AND THE OTHER SERVICES RENDERED ON PASSIENGER TRAINS DID NOT ALLOW TO THE MAILS THE SPACE WHICH THEY ACTU- ALLY REQUIRE AND USE AND THIS HAD THE RESULT OF |UNDULY REDUCING HIS ESTIMATES OF THE COST TO THE RAILWAYS OF THE MAIL SERVICE. Detailed reference will now be made to the methods and controlling effect of the Postmaster-General’s apportionment of passenger train space between the mails and the other services rendered on passenger trains. Such an apportionment was a necessary step in the calculations reported in Document No. 105. Having obtained certain estimates of the cost of the passenger train services, considered together, by methods, producing the lowest results, the next step shown in Document No. 105 was to apportion a part of this cost to the mail service. The accepted method for such an apportionment is to distribute the total cost in pro- portion to the train space required by each of the respective services. The Postmaster-General obtained from the railways statements which 9 he might have used in applying this method and these statements showed that 9.32 per cent. of the total space in passenger trains was required by the mails, but, instead of using the data showing this fact, he substituted figures of his own which reduced the space credited to the mail service to 7.16 per cent. of the total. The total of passenger train costs which the Postmaster-General estimated should be apportioned among pas- sengers, express and mail, on the basis of Space occupied, Was $37,074,172.* He therefore assigned to the mail service 7.16 per cent. of the last-named sum or $2,654,510.69. If, however, he had used the proportion of space, 9.32 per cent., resulting from the reports he had obtained from the railways, the amount apportioned as cost of the mail service for the month would have been $800,802 greater. Multiplying this by twelve gives an increase in the estimated annual cost of over $9,600,000. Thus the Postmaster-General arrived at his declaration that the railways were getting an excess profit of $9,000,000 by means of two fundamental errors, omitting for the present reference to any other errors. He understated the annual mail expenses and taxes of the rail- ways by at least $9,600,000, and he ignored entirely the necessary return on the value of railroad property. This examination of his methods shows that the determination of space was of primary and controlling importance and that the changes in space allotment have destroyed the value of his deductions. These changes were due to his refusal to assign to the mail service the working space and temporarily unoccupied space on trains, which were necessary to the mail service and to his actually assigning much of this space to the passenger service rendered on the same trains. + It is scarcely necessary to note that all kinds of traffic require “working space” in addition to the space actually occupied by the traffic itself, and that this is especially true of the mail traffic, or that where there is a preponderating movement of a certain traffic in one direction there must be some empty space on account of that traffic, sometimes called “dead” space, in trains moving in the direction of lighter traffic. Thus passenger cars must have aisles, vestibules and platforms, and postal cars must have a great deal of space in which to sort the mails while, for mail carried in baggage cars, there must be space in which to reach the pouches and to receive and deliver them through the doors. A through train must also have the full capacity required for the max- *This is the sum which was apportioned by the Postmaster General on the basis of train space occupied. He estimated $40,121,294.83 (Document No. 105, page 280) as the total operating expenses and taxes of the passenger train services for the month. Of this total $21,993.06 was charged directly to the mails and $3,025,129.77 directly to the other passenger train services, leaving the sum stated in the text to be apportioned on the space basis. \ 10 imum traffic of any kind likely to seek accommodation on any part of its journey, although during much of each trip the actual traffic may be considerably below this limit. The Postmaster-General, however, refused to credit the mail service with much of the space thus required by the Department although his figures for the other passenger train services allowed fully for all such space required by them. In fact in many cases such space, actually required by the mails and so reported by the railways, was taken from the total mail space and, without reason, assigned to the passenger service. These modifications of the data correctly reported, not susceptible of justification upon any Sound transportation principle, were carried so far that the tabulations of the Post Office Department, which are stated for railway mail routes having a total length of 194,977.55 miles* show only 926,164,459 “car-foot miles” made in the mail service, although certain railways, included therein, and having railway mail routes aggregating only 178,709.96 miles, had correctly reported mail space equivalent to 1,153,110,245 “car-foot miles.” Thus, although the Department’s figures cover 8.3 per cent more mileage, its reductions of space resulted in assigning to this greater mileage about one-quarter (24.5 per cent.) less mail space. At the same time the De- partment actually increased the space assigned to the other passenger train services, its figures showing 12,014,065,506 car-foot miles in these services for 194,977.55 miles of mail routes which must be compared with 11,222,478,739 car-foot miles reported by the railways for 178,709.96 mail-route miles. This treatment of the controlling figures as to space, supplementing the other errors of method and omissions of fact, which have been or will be cited, was amply sufficient to turn a real loss into an apparent profit. WI. THE POSTMASTER - GENERAL IGNORED DATA WHICH HE HAD OBTAINED SHOWING EXPENDITURES ON ACCOUNT OF THE MAILS LARGELY IN EXCESS OF THE DIRECT EXPENSES FOR THAT SERVICE WHICH HE RE- PORTED. As a part of the investigation reported in Document No. 105 the Postmaster-General obtained from the railways statements showing the amounts expended by them for the station and terminal services required by his Department and the amount of free transportation furnished on his requisition for officers and agents of the postal service when not in charge of mail. These data were not used (Document No. 105, p. 6) and, as no adequate allowance was made in any other way for these ex- penses, the Omission unjustly reduced the estimates of the cost to the * Document No. 105, p. 53. 11 railways of their postal services. The Postmaster-General’s explanation of this omission implies that it was partially offset by the assignment as cost of mail service of its proportion, on the space basis, of all the station and terminal expenses of the passenger train services but these special mail expenses are disproportionately heavy and the amount So assigned was far too low. The expenses for station and terminal services espe- cially incurred for the mails, during November, 1909, and reported to the Postmaster-General, for ninety-two per cent. Of the mileage covered by Document No. 105 aggregated $401,136.00, as follows: Amount of wages paid to messengers and porters employed exclusively in handling mails. . . . . . . . . $79,980.84 Portion properly chargeable to mail Service, pro- rated on basis of actual time employed, of wages paid to station employees a part of whose time is employed in handling mails . . . . . . . . . . . . . . . . 198,927.01 Amount expended for maintenance of horses and wagons and for ferriage, etc., in connection with mail service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,640.98 Rental value, plus average monthly cost of light and heat, of room or rooms Set apart for the ex- clusive use of the mail Service. . . . . . . . . . . . . . . . 37,258.93 Rental value of tracks occupied daily for advance distribution of the mail. . . . . . . . . . . . . . . . . . . . . 47,029.12 Average monthly cost of light and heat for postal cars placed daily for advance distribution of mail 18,400.57 Interest at the legal rate upon the value of Cranes, catchers and trucks required for mail service. . . . 3,895.36 Total . . . . . . . . . . . . . . . . . . . . ... º sº e s tº e º e º 'º & © tº gº gº $401,126.00% All the foregoing data were reported to the Postmaster-General in response to his request but he made no use of these items, an omission manifestly to the serious disadvantage of the railways and having the effect of unduly reducing his estimates of the cost of the mail service. Similarly, the Postmaster-General omitted to use the data he had obtained from the railways showing the Volume of free passenger trans- portation, already referred to, Supplied to the officers and agents of the Post Office Department and his estimates contain no recognition of the cost of this service although its extent should be a matter of record in the Department as it is furnished only on its requisition. The space * This total includes $9,993.19 reported by four companies which gave totals for these items, but did not report the items Separately. 12 in passenger coaches occupied by these representatives of the Post Office Department, traveling free, was not assigned to the mail service but was treated as passenger Space. VII. TELE MONTEL OF NOVEMBER IS [WOT A FAIR AVERAGE MONTH IN ANY RAILWAY YEAR OR ONE THAT IS TYPICAL OF A YEAR’S BUSINESS AND ITS USE AS THE SOLE BASIS OF THE POSTMASTER-GENERAL’S CALCULA- TIONS WAS SO UNFAVORABLE TO THE RAILWAYS AS TO DEPRIVE THE RESULTS OF ANY WALUE EVEN IF IN ALL OTHER RESPECTS HIS METHODS WIFERE BEYOND CRITI- CJSM. All the Postmaster-General’s calculations, reported in Document No. 105, and by him relied upon therein, and elsewhere, to substantiate his attack upon existing railway mail pay, depend solely upon data for the single month of November, in the year 1909. It is obvious, therefore, that the validity of his conclusions, if all the rest of his processes were accurate and his deductions otherwise sound, would depend upon whether November is sufficiently typical of the railway year to be safely used as the sole basis for conclusions applicable to a whole year. The truth is, however, that November is not a typical or average month and that all of its deviations from the averages of the year are such as greatly to favor the result which the Postmaster-General was seeking. It may well be doubted whether the railway year contains any month that can properly be regarded as typical of the whole period but if it does, the month of November, with four Sundays, two holidays and Only twenty-four working days, is certainly not such a month. The Interstate Commerce Commission publishes the monthly aggregates of railway receipts and these official data conclusively prove that Novem- ber, 1909, was the one month for which the data were most strongly favorable to finding, by the Postmaster-General’s method, an abnormally low apparent cost for the passenger train services and, consequently, for the mail service. It is a month in which substantially Winter conditions prevail in a large part of the country and, on this account, one during which much of the Ordinary work of maintenance of way and structures must be suspended. Such work occasions a large fraction of the yearly expenses of all railways and these expenses pertain in a relatively large proportion to the passenger Services because the higher speed of passenger trains results in greater relative wear and tear upon road-bed and structures than that caused by the slower trains of the freight service and the requirements of Safety to passengers carried at high speed impose more costly stan- dards of maintenance than would otherwise be necessary. Consequently 13 a month in which these maintenance expenses are necessarily below the yearly average cannot typify the full annual cost of the passenger train services. Figures.showing the facts are contained in Appendix B. It is, of course, understood that the respective expenses of the pas- senger and freight services must move upward and downward with the fluctuations in the volume of each sort of traffic. No month can furnish a reliable basis for estimating the proportion of the total expenses that is caused by the passenger service unless during that month the volume of passenger traffic bears a normal relation to the volume of freight traffic. But in November, 1909, as will appear from official figures for each month in the year contained in Appendix C, passenger traffic, as measured by receipts therefrom, was much below the average month of the year while freight traffic was far above the average. The November receipts from passengers amounted to only 21.5 per cent. of total receipts, the lowest relation shown for any month in the year. Of course, under these conditions passenger expenses were curtailed and freight expenses relatively enhanced. Certainly the use of data resulting from these ab- normal relations could not possibly produce results fairly typical of a normal period, that is of a whole. year. The results so obtained must have diminished the apparent cost of the passenger train services below the true cost, by just as much as the figures for November were below the average figures of the year. These considerations fully establish the truth that, if every other feature of Document No. 105 were absolutely beyond criticism, the fact that it rests wholly upon estimates based upon data for the single month of November would render its conclusions illusory, misleading and seri- ously prejudicial to the railways. VIII. A COMMISSION OF SENATORS AND MEMBERS OF CONGRESS WHICH, BETWEEN 1898 AND 1901, MOST FULLY AND CAREFULLY INVESTIGATED THE SUBJECT, ASCERTAINED AND DECLARED THATRAILWAY MAIL PAY WAS NOT THEN EXCESSIVE; SINCE THEN THERE HAVE BEEN MANY AND EXTENSIVE REDUCTIONS IN PAY AC- COMPANIED BY SUBSTANTIAL INCREASES IN THE COST AND VALUE OF THE SERVICES RENDERED BY THE RAIL- WAYS. The Congressional Joint Commission to Investigate the Postal Serv. ice, which reported on January 14, 1901, is authority for the fact that, at that time, railway mail pay was not excessive. Senator William B. Allison, of Iowa; Senator Edward S. Wolcott, of Colorado; Senator Thomas S. Martin, of Virginia; Representative Eugene F. Loud, of Cali- fornia; Representative W. H. Moody, of Massachusetts, and Represen- 14 tative T. C. Catchings, of Mississippi, six of the eight members of the Commission, then united in the following: “Upon a careful consideration of all the evidence and the statements and arguments submitted, and in view of all the services rendered by the railways, we are of the opinion that “the prices now paid to the railroad com- panies for the transportation of the mails’ are not exces- sive, and recommend that no reduction thereof be made at this time.” Fifty-second Congress, Second Session, Senate Document No. 89, pp. 19, 22, 25, 29. Since the Commission reported, the Volume of the American mails, the revenue of the American postal service and its demands upon the railways for services and facilities have greatly increased. The costs of Supplying railway transportation have also greatly increased. The neces- sary cost of railway property per unit of Service has increased, and in consequence the amount required as a reasonable return thereon, on account of higher wages and prices, the higher standards of service demanded and the higher value of the real estate required for extended and necessary terminal plants. Operating expenses have grown by reason of repeated advances in rates of wages paid to employees of every grade and increased prices of materials and supplies. Taxes have in- creased with the rapidly augmenting exactions of State and local govern- ments and the imposition of an entirely new Federal corporation tax.” Yet during this period of rapidly advancing railway expenses, and in spite of the fact that at its commencement the railway mail pay was not excessive, the rates of payment for railway mail services have been sub- jected to repeated and drastic decreases accomplished both by legislative action and by administrative orders. These reductions have so much more than offset the rather doubtful advantages which the railways might be assumed to have obtained from the increased volume of mail traffic that in 1912 they find their mail service more unprofitable than ever before. The following table shows the facts: Average railway mail FiScal Total railway pay per $100.00 of Year mail pay postal receipts. 1901 $38,158,969 e $34.18 1904. 43,971,848 30.62 1907 49,758,071 27.10 1910 49,405,311 22.04 1911 50,583,123 21.26 * Data indicating Some of the increases in wages and taxes are given in Appendices D and E. 15 The foregoing shows that the Post Office Department expended for railway transportation, in 1901, $34.18 in order to earn $100.00 in gross and that by 1911 this expenditure had been reduced 37.8 per cent. to $21.26. * This notable reduction was the consequence (first) of the operation of the law fixing mail pay under which the average payment per unit of service decreases as the volume of mail increases; (Second) of the Acts of Congress of March 2, 1907, and May 12, 1910, and (third) of admin- istrative changes effected by the Post Office Department which, without decreasing the services required of the railways or enabling those Services to be rendered at any lower cost, greatly reduced the payment therefor. Chief among these administrative changes was the Postmaster-General’s order known as the “Divisor” order (No. 412 of June 7, 1907, Super- seding Order No. 165 of March 2, 1907) radically lowering the basis for calculating the annual payments for transportation. No official estimate of the reduction in the aggregate annual payment produced by the operation of the law fixing the scheme of payment has been made but from time to time the Department has published estimates of the reductions otherwise effected. None of these estimates is now up to date, and to make them comparable with the present volume of mail sub- stantial increases would be necessary, but they are given below as repre- senting an amount substantially less than the lowest possible statement of the total present annual reduction. Cause of reduction Amount of annual reduction. Natural operation of the law. . . . . . . . . . . . . . . . . . No estimate. Acts of March 2, 1907, and May 12, 1910. . . . . . $2,723,658.90 Withdrawal of pay for special facilities. . . . . . . . . 167,005.00 Postmaster-General’s divisor order. . . . . . . . . . . . 4,941,940.34 Other administrative changes. . . . . . . . . . . . . . . . . 699,544.51 Total (with no allowance for the first item above) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,532,148.75 No one will contend for a moment that there has been any net reduction in the cost of supplying railway mail Services and facilities since 1901, the year in which the report of the Joint Commission to Investigate the Postal Service was made. In fact, all changes in railway operating costs, except those due to increased efficiency of organization and management, which can have little if any effect in connection with mail traffic, have been in the opposite direction. During the years charac- terized by these reductions the railways have been called upon contin- ually to improve the character of their postal service and the Post Office Department will not deny that the railways are now rendering better, more frequent, and more expeditious postal service than in 1901, or 16 any intermediate year, and are doing so at greatly increased cost to them- selves. In view of these thoroughly substantiated facts the drastic reduc- stions of recent years afford unanswerable' proof that railway mail pay is now too low. IX. THE ADMINISTRATION OF THE POST OFFICE DE- PARTMENT HAS NOT, IN THE LAST TWELVE YEARS, EF- FECTED ANY REDUCTION IN THE ANNUAL TOTAL OF ITS EXPENSES FOR OTHER PURPOSES THAN RAILWAY TRANS- PORTATION OR IN THE PROPORTION OF ITS REVENUES REQUIRED FOR SUCH OTHER EXPENSES, BUT THE WHOLE SAVING WIEHICH HAS NEARLY ELIMINATED THE ANNUAL DEFICIT OF THE DEPARTMENT IS REPRESENTED BY THE REDUCED PAYMENTS, PER UNIT OF SERVICE, TO THE RAILWAYS. That the recent savings of the postal service have been wholly at the expense of the railways is shown by the following: 1901. 1911. Postal gross receipts. . . . . . . . . . $111,631,193 $237,879,823 Postal expenses, all purposes; Total . . . . . . . . . . . . . . . . . . . . . $115,554,921 $238,507,669 Per cent. of gross receipts. . . . 103.5 100.3 Railway mail pay; Total . . . . . . . . . . . . . . . . . . . . . $38,158,969 $50,583,123 Per cent. of gross receipts. . . . 34.2 21.3 Postal expenses other than rail- way mail pay; Total . . . . . . . . . . . . . . . . . . . . . $77,395,952 $187.924,546 Per cent. Of gross receipts. . . . 69.3 79.0 This table shows that in the ten years from 1901 to 1911 the Post Office Department reduced its operating ratio between its total expenses and its gross receipts from 103.5 per cent, to 100.3 per cent., being a reduction of 3.2 points; but it also shows that this improvement was due solely to the fact that the ratio of railway mail pay expenses to gross receipts was reduced from 34.2 per cent. to 21.3 per cent., a reduction of 12.9 points, while the ratio of all other expenses to gross receipts increased from 69.3 per cent. to 79 per cent., an increase of 9.7 points. Thus the improvement of 3.2 points in the ratio for all expenses was due entirely to the greatly reduced ratio of Tailway mail pay, the heavy re- duction in that respect exceeding by 3.2 points the very substan- tial increase in the ratio of all other expenses. 17 During the ten years from 1901 to 1911 the Department took up an enormous increase in business at a greatly decreased cost for railway transportation and at a largely increased cost for other purposes. It cost the Department, for purposes other than railway transportation, nearly nine-tenths of $126,248,630 to add that amount to its gross re- ceipts (although for these other purposes it had previously spent less than seven-tenths of its gross receipts) while it required less than one- tenth of the same sum to pay for the added railway transportation that the new business required (although at the beginning of the period railway transportation had cost more than one-third of the gross re- ceipts). This startling comparison fully warrants the conclusion that the power of Congress and the Department has been exercised to force upon the railways, by reducing the payments for their services, the burden not only of the effort to eliminate the annual postal deficit but of considerable increases in other forms of postal expenditure. No ref- erence to rural free delivery will serve to explain away the conclusion suggested by this comparison especially since only a fraction of the cost of that service represents really an additional net outlay. This service has permitted a reduction of one-third in the number of post offices and has been in many cases substituted for star route service and the savings thus permitted ought to be credited to it before determining its cost. That increases in postal expenditures were necessary, between 1901 and 1911, is not denied. The period was one in which steady and exten- sive increases in the cost of living made necessary considerable increases in the salaries of postal employees and in the cost of postal supplies, precisely as the railways were impelled to increase the salaries and wages of their employees and were obliged to pay higher prices for their Sup- plies. In other words, the purchasing power of the American dollar, and of standard money everywhere, greatly decreased and this decrease affected the Post Office Department as it has affected every business undertaking. But the purchasing power of the railway dollar decreased exactly as that of all other dollars and it was unreasonable and unjust that while this change was in progress, the losses which it entailed in the postal service of the Government should be shifted, as it has been shown that they were, to the railways which were, at the same time, suffering far greater losses from the same cause. X. THE CONTINUOUS REFUSAT, OF THE POST OFFICE DEPARTMENT TO QRDER REWEIGHINGS OF THE MAILS EXCEPT AFTER THE MAXIMUM INTERVAL OF FOUR YEARS WHICH THE LAW ALLOWS, THE DEMANDS FOR STA- TION AND TERMINAL SERVICES THAT ARE RENDERED WITHOUT ANY OR WITHOUT ADEQUATE COMPENSATION AND THE UNJUST DISCRIMINATION AGAINST COMPART- 18 MENT CARS USED AS RAILWAY POST OFFICES ARE ALL ABUSES, SERIOUSLY INJURIOUS TO THE RAILWAYS, WHICH HAVE GROWN UP UNDER THE PRESENT SYSTEM OF PAY- MENT AND OUGHT AT ONCE TO BE REMEDIED. In addition to the inadequacies in the rates of pay provided under the present law, which result in payments that do not leave any balance for taxes or return upon property and indeed do not even meet Oper- ating expenses, there are certain conditions which have grown up in the application of the existing basis of pay that ought to be rectified. This is especially necessary in view of the tendency, herein shown, of the Post Office Department to apply the system so as to reduce its ex- pense for railway transportation, and to look to this item as the chief or sole source of economies. The transportation pay received for each railway route is deter- mined, under the practice of the Department, for a period of four years on the basis of the average daily weight carried during a period of about three months duration prior to the beginning of the period for which it is fixed. Thus, by the terms of the law, the Government upholds the principle that weight should be the basis of payment but, by an inconsistent practice, denies that principle and creates a condition under which it is practically certain that the weight actually carried will differ materially from the weight paid for. Congress, Surely, never intended this result for the provision of law is, merely, that the mail shall be weighed “not less frequently” than once in four years and clearly implies an intention that it should be weighed whenever a substantial change in volume has taken place. But the Post Office Department controls, subject to the provision of law, the frequency of the weighings, and naturally seeks those reductions in its expenses which can be effected without loss anywhere except in railway revenues. Consequently, it long ago ceased to order new weighings, except when compelled to do so by the expiration of the statutory limit. It thus happens that while the railways are paid on the basis of a certain average daily weight they are frequently carrying a much greater weight and with no compensation whatever for the increase in the weight. In other instances the change is in the opposite direction but with increasing national population and wealth it is obvious that most of these changes must be to the injury of the railways. However, the element of uncertainty thus introduced into each contract is unbusinesslike and in fairness to both parties ought to be removed. No railway would make a four years’ contract to carry, for a definite sum, the unlimited output of any manufacturing plant and if it attempted to do so the contract would be void under the Inter- state Commerce law. The terms of the mail contracts are substantially 19 dictated by the Postmaster-General and by Congress and the latter ought, in justice both to the railways and to the Government, to require the former to make annual weighings in order that the scheme of pay- ment provided in the law may be fairly and accurately applied. Railways are required to transfer the mails between their stations and all post offices not more than a quarter of a mile distant from the former and, at the election of the Post Office Department, to make similar transfers at terminals. For the former no compensation is accorded, and for the latter the allowances are inadequate. There are numerous instances in which these extra Services require expenditures, on the part of the railways concerned, that exceed the total compensation of the mail routes on which they occur. The extent of these require- ments in particular cases is largely subject to the will of the Department and this produces unreasonable uncertainties as to what may be de- manded during the life of any contract. The basis of payment plainly does not contemplate such services, they are a survival from the period when the mails were carried by stage-coaches, which could readily deviate these distances from their ordinary routes, and it is clear that the Government ought to perform these services itself or reasonably compensate the railways therefor. Much of the mail moved by the railways is carried in cars especially equipped as traveling post offices in order that it may be accompanied by postal clerks who perform, on the journey, precisely the labor which they would otherwise perform in local post offices. Cars so used can be but lightly loaded and are costly to supply, to equip, to maintain and to move. Their use has greatly increased the efficiency of the postal service and vastly expedited the handling of the mails. In the infancy of this service Congress provided for additional payments for the full cars so required, but when the practice of requiring portions of cars for the same identical purpose was inaugurated no provision for paying for them was made and this condition never has been corrected. Even in Document No. 105, the injustice of this situation is recognized (page 3) and the Postmaster-General asserts that it is a purely arbitrary discrimination and without logical basis. Obviously a reasonable allow- ance for apartment cars ought to be made. XI. THE POSTMASTER-GTENERAL’S PROPOSED PLAN OF PAYMENT BASED UPON OPERATING COST AND TAXES, TO BE ASCERTAINED BY THE POST OFFICE DEPARTMENT, PLUS SIX PER CENT. IS SERIOUSLY WRONG IN PRINCIPLE AND WOULD ENCOURAGE AND PERPETUATE INJUSTICE. The foregoing discussion makes plain the error and injustice in the Postmaster-General’s proposal to pay the railways for carrying the mail 20 upon the basis of returning to them the operating expenses and taxes, as ascertained by the Post Office Department, attributable to the car- riage of the mails, plus six per cent. of the sum of these expenses and taxes. The discussion under heading III above demonstrates that the plan leaves out of consideration any allowance for return upon the property and would be destructive of the universally recognized rights of the railroad companies. \ . Furthermore, such a plan is fundamentally erroneous because it involves paying the highest rates to the railroad that by reason of physical disabilities or inefficient methods is most expensively operated and the lowest rates to the railroad which, by reason of the highest efficiency, operates at the lowest cost. A railroad's Superior operating' efficiency is frequently due to exceptionally heavy capital expenditures to obtain low grades, two, three or four main tracks, and to improve in other respects the roadbed and tracks to the end that trains may be hauled at the lowest expense. Such a railroad needs, and is entitled to sufficient net earnings to enable it to pay a proper return upon the increased value which is due to such expenditures. But under the Post- master-General’s plan, a railroad would be penalized for all the capital expenditures made by it for the purpose of decreasing its operating cost, because the more it decreased its operating cost the more it would de- crease its mail pay. *. The ascertainment of the cost to a railroad of conducting mail service is necessarily very largely a matter of judgment and opinion, because a large proportion of the total operating expenses are Com- mon to the freight and passenger traffic and can only be approx- imately apportioned. There is room for a very wide discretion in the making of such apportionments. It would not be right or proper to entrust the Post Office Department with the discretion of making such apportionment, because the Post Office Department has an obvious in- terest at stake, its object always being to reduce the railroad pay to a minimum. The last preceding statement is fully justified by the facts disclosed by the foregoing pages, which show how consistently the Post Office Department has relied upon reductions in railway mail pay as the ever available source of desired curtailments of expenses and how unsuccess- fully the railways have resisted this persistent pressure. They show that successive Postmasters-General have taken advantage of every legal possibility, such as taking the longest time between mail weighings which the law permits and the strained interpretation of the statute fixing the basis of payment (page 19), in order to effect reductions 21 in railway mail pay. Consequently, the facts point irresistibly to one conclusion, namely, that the Post Office Department is a bureaucratic entity with an interest in the reduction of the amounts paid to the rail- ways that is incompatible with an impartial ascertainment of what is fair compensation. This interest, coupled with the brief tenure of the responsible officers of the Department, must always incline the latter to support insufficient standards of mail pay and prevent their recognizing the ultimate necessity of paying fairly for efficient service. It would, therefore, be clearly inexpedient and strikingly unjust to place railway mail revenues wholly at the mercy of the Department by enacting a law which would authorize each Postmaster-General to fix railway mail pay on the basis of his own inquiries and opinions in a field in which so much must be left to estimate and approximation as that of the relative or actual cost of the different kinds of railway service. It is conceded that every railway mail contract is between the Government, which is the Sovereign, and a citizen, and that the nature and terms of the contract are always substantially to be dictated by the former. But this very condition invokes the principle of primary justice, that the sovereign shall take care to exercise its power without oppres- sion. To this end the determination of the terms on which the Post Office Department may have the essential services of the railways ought to be reserved, as at least partially in the past, to the Congress, or, if delegated at all, they should be entrusted to some bureau or agency of Government not directly and immediately interested in reducing railway mail pay below a just and reasonable compensation. APPENDIX A. EXTRACTS FROM THE POSTAL LAWS AND REGULATIONS. “Railroad companies, at stations where transfer clerks are em- ployed, will provide suitable and sufficient rooms for handling and storing the mails, and without specific charge therefor. These rooms will be lighted, heated, furnished, supplied with ice water, and kept in order by the railroad company.” Section 1186, second paragraph. “The specific requirements of the service as to . . . space required . . . at stations, fixtures, furniture, etc., will at all times be determined by the Post Office Department and made known through the General Superintendent of Railway Mail Service.” Section 1186, third paragraph. “Railroad companies will require their employees who handle the mails to keep a record of all pouches due to be received or dispatched by them, and to check the pouches at the time they are received or dis- patched, except that no record need be kept of a single pouch from a train or station to the post office or from the post office to a train or station which, in regular course, is the only pouch in the custody of the company’s employees at that point while it is being handled by them. This is not to be construed as relieving railroad companies from having employees on trains keep and properly check a record of all closed pouches handled by them, without exception.” Section 1187, first paragraph. “In case of failure to receive any pouch due, a shortage slip should be made out, explaining cause of failure, and forwarded in lieu of the missing pouch. Specific instructions in regard to the use of shortage slips will be given by the General Superintendent of Railway Mail Serv- ice.” Section 1187, second paragraph. - “Every irregularity in the receipt and dispatch of mail should be reported by the employee to his superintendent promptly, and if a probable loss of or damage to mail is involved, or if the cause of failure to receive a pouch is not known, the report should be made by wire, and the superintendent will notify the division superintendent of Railway Mail Service without delay. A copy of the employee's report should be attached to and become a part of the permanent pouch record.” Section 1187, third paragraph. 23 “Train pouch records will be kept on file at the headquarters of division superintendents of railroad companies for at least one year im- mediately following the date the mail covered by them was handled, and shall be accessible there to post office inspectors and other agents of the Post Office Department. Station pouch records will be kept on file at the station to which they apply for at least one year immediately following the date the mail covered by them was handled, and shall be accessible there to post office inspectors and other agents of the Post Office De- partment.” Section 1187, fourth paragraph. -- “Railroad companies will require their employees to submit pouch records for examination to post office inspectors and other duly accredited agents of the Post Office Department upon their request and exhibition of credentials to such employees.” Section 1187, fifth paragraph. “Every railroad company is required to take the mails from, and deliver them into, all terminal post offices, whatever may be the distance between the station and post office, except in cities where other provision for such service is made by the Post Office Department. In all cases where the Department has not made other provision, the distance between terminal post office and nearest station is computed in, and paid for, as part of the route.” Section 1191, first paragraph. “The railroad company must also take the mails from and deliver them into all intermediate post offices and postal stations located not more than eighty rods from the nearest railroad station at which the company has an agent or other representative employed, and the com- pany shall not be relieved of Such duty on account of the discontinuance of an agency without thirty days’ notice to the Department.” Section 1191, Second paragraph. “At connecting points where railroad stations are not over eighty rods apart a company having mails on its train to be forwarded by the connecting train will be required to transfer such mails and deliver them into the connecting train, or, if the connection is not immediate, to deliver them to the agent of the company to be properly dispatched by the trains of said company.” Section 1192. “At places where railroad companies are required to take the mails from and deliver them into post offices or postal stations or to transfer them to connecting railroads, the persons employed to perform such service are agents of the companies and not employees of the postal serv- ice, and need not be sworn; but such persons must be more than sixteen years old and of Suitable intelligence and character. Postmasters will promptly report any violation of this requirement.” Section 1193. 24 “Where it is desirable to have mails taken from the post office or postal station to train at a terminal point where the terminal service de- volves upon the company, in advance of the regular time of closing mails, the company will be required to make such advance delivery as becomes necessary by the requirements of the service.” Section 1194. “When a messenger employed by the Post Office Department cannot wait for a delayed train without missing other mails the railroad com- pany will be required to take charge of and dispatch the mails for the delayed train, and will be responsible for the inward mail until delivered to the messenger or other authorized representative of the Department.” Section 1195. - “Whenever the mail on any railroad route arrives at a late hour of the night the railroad company must retain custody thereof by placing the same in a secure and safe room or apartment of the depot or station until the following morning, when it must be delivered at the post office, or to the mail messenger employed by the Post Office Department, at as early an hour as the necessities of the post office may require.” Sec- tion 1196. “When a train departs from a railroad station in the night time later than 9 o'clock, and it is deemed necessary to have the mail dis- patched by such train, the division Superintendent of Railway Mail Service will, where mail is taken from and delivered into the post office by the railroad company, request the company, or where a mail messen- ger or carrier is employed by the Post Office Department, will direct him, to take the mail to the railroad station at such time as will best serve the interest of the mail service. Such mail will be taken charge of by the agent or other representative of the railroad company, who will be required to keep it in some secure place until the train arrives, and then see that it is properly dispatched.” Section 1197, first paragraph. “The division Superintendent of Railway Mail Service will give reasonable advance notice to the proper officer of the railroad company, in order that the agent or representatives of the company may be prop- erly instructed.” Section 1197, second paragraph. “Railroad companies will be expected to place their mail cars at points accessible to mail messengers or contractors for wagon service. If cars are not so placed the companies will be required to receive the mails from and deliver them to the messengers or contractors at points accessible to the wagon of the messenger or contractor.” Section 1198. 25 “A mail train must not pull out and leave mails which are in process of being loaded on the car or which the conductor or trainman has information are being trucked from wagons or some part of the station to the cars.” Section 1199. “At all points at which trains do not stop where the Post Office Department deems the exchange of mails necessary, a device for the re- ceipt and delivery of mails satisfactory to the Department must be erected and maintained; and pending the erection of such device the speed of trains must be slackened so as to permit the exchange to be made with safety.” Section 1200, first paragraph. “In all cases where the Department deems it necessary to the safe exchange of the mails the railroad company will be required to reduce the speed or stop the train.” Section 1200, second paragraph. “When night mails are caught from a crane the railroad company must furnish the lantern or light to be attached to the crane and keep the same in proper condition, regularly placed and lighted; but if the company has no agent or employee at such station, the company must furnish the light, and the care and placing of same will devolve upon the Department’s carrier.” Section 1200, third paragraph. “The engineer of a train shall give timely notice, by whistle or other signal, of its approach to a mail crane.” Section 1200, fourth paragraph. “Railroad companies are required to convey upon any train, with- out specific charge therefor, all mail bags, post office blanks, stationery, supplies, and all duly accredited agents of the Post Office Department and post office Inspectors upon the exhibition of their credentials.” Section 1184. 26 APPENDIX B. CLASSIFICATION OF OPERATING EXPENSES. (Data from Reports of the Interstate Commerce Commission.) Average Cost per mile of line. Fiscal year 1910 - November, 1909 Monthly average for the Other eleven months Of the fiscal year Per Cent. Of Per cent. Of Monthly monthly monthly Class. Amount average Amount average for Amount average for - the fiscal the fiscal year. year. Maintenance of Way and structures. . . . . . . . $1,562.88 $130.24 $124.04 95.24 $130.80 100.43 Maintenance of equipment. . . . . . . . . . . . . . . . . 1,746.00 145.50 148.44 102.02 145.23 99.82 Traffic expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . 220.61 18.38 18.85 102.56 18.34 99.78 Transportation expenses. . . . . . . . . . . . . . . . . . . 2,893.71 324.48 327.7S 101.02 324.18 99.91 General expenses. . . . . . . . . . . . . . . . . . . . . . . . . . 287.71 23.98 23.10 96.33 24.06 100.33 Total. . . . . . . . . . . . . . . . . . . . . . . . . . . $7,710.91 $642.58 $642.21 99.94 $642.61 100.00 § APPENDIX C. RECEIPTS FROM PASSENGER AND FREIGHT TRAFFIC BY MONTHS. (Data from Reports of the Interstate Commerce Commission.) Passenger receipts per Freight receipts per Per cent, of Imile Of line mile Of line passenger receipts to Per Cent. Of Per cent. Of receipts from MOnth Total Daily daily av- Total Daily daily av- both passen- Average erage for average erage for gerS and year year freight 1909, July . . . . . . . . . . . . . . . $251.66 $8.12 112.15 $608.67 $19.63 88.46 29.25 Aug. . . . . . . . . . . . . . . . . 269.70 8.70 120.17 653.97 21.10 95.09 29.20 Sept. . . . . . . . . . . . . . . . 254.95 8.50 117.40 704.51 23.48 105.81 26.57 Oct. . . . . . . . . . . . . . . . . 231.80 7.48 103.31 781.91 25.22 113.65 22.87 NOV. . . . . . . . . . . . . . . . 206.69 6.89 95.17 752.69 25.09 113.07 21.54 Dec. . . . . . . . . . . . . . . . 211.55 6.82 94.20 640.59 20.66 93.11 24.83 1910, Jan. . . . . . . . . . . . . . . . . 187.42 6.05 83.56 618.06 19.94 89.86 23.27 Feb. . . . . . . . . . . . . . . . . 171.92 6.14 84.81 603.76 21.56 97.16 22.16 March . . . . . . . . . . . . . . 202.61 6.54 90.33 716.76 23.12 104.19 22.04 April . . . . . . . . . . . . . . . 208.84 6.79 93.78 658.93 21.96 98.96 23.63 May . . . . . . . . . . . . . . . . 218.47 7.05 97.38 6S2.96 22.03 99.28 24.24 June . . . . . . . . . . . . . . . . 233.25 7.78 107.46 674.97 22.50 101.40 25.68 Average . . . . . . . . . . . . . . . . . $220.32 $7.24 $100.00 $674.81 $22.19 100.00 24.61 £3 APPENDIX D. HOW RAILWAY WAGES HAVE INCREASED. In the year 1901 the railways reporting to the Interstate Com- merce Commission received, in gross from operating sources, the sum of $1,588,526,037.00 and expended in wages and salaries the sum of $610,- 713,701.00; in 1910 the corresponding totals were $2,750,667,435.00 and $1,143,725,306.00. Computations from these totals show that in 1901 the railways expended in wages and salaries $38.45 out of each $100.00 of gross operating receipts, while in 1910 the proportion had increased to $41.58 a difference of $3.13 in each $100.00 of gross receipts. This difference does not seem small but it is hardly realized, except when the calculation is made, that on the basis of the gross receipts of 1910 it would amount, as it does, to an additional expense of $86,095,890.72. It is to be borne in mind that this largely increased payment to labor is in spite of the fact that a part of the increase in wage rates has been offset by higher efficiency in method and facilities. Comparisons of rates of wages, from the annual statistical reports of the Interstate Com- merce Commission, follow: Average wages per day Class of Employees Increase, 1901 1910 per cent. General Office clerks. . . . . . . . . . . . . . . . . . . . . . $2.19 $2.45 11.87 Station agents . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.77 2.14 20.90 Other Station men. . . . . . . . . . . . . . . . . . . . . . . . 1.59 1.91 20.13 Enginemen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.78 4.34 14.81 Firemen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.16 2.57 18.98 Conductors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.17 3.73 17.67 Other trainmen . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 2.72 36.00 Machinists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.32 3.03 30.60 Carpenters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.06 2.39 16.02 Other Shop men . . . . . . . . . . . . . . . . . . . . . . . . . . 1.75 2.20 25.71 Section foremen . . . . . . . . . . . . . . . . . . . . . . . . . . 1.71 1.99 16.37 Other trackmen . . . . . . . . . . . . . . . . . . . . . . . . . . 1.23 1.57 27.64 Telegraph operators and dispatchers. . . . . . . . 1.98 2.16 9.09 Employees, account floating equipment. . . . . 1.97 2.10 6.60 All other employees and laborers. . . . . . . . . . . 1.69 1.96 15.98 29 APPENDIX E. HOW RAILWAY TAXES HAVE INCREASED. (Data from Reports of the Interstate Commerce Commission.) Average per Per cent. Of Year Amount paid mile operated net receipts 1900 . . . . . . . . . . . . . . $48,332,273 $251.00 8.7 1901 . . . . . . . . . . . . . . 50,944,372 260.50 8.6 1902 . . . . . . . . . . . . . . 54,465,437 272.12 8.3 1908 . . . . . . . . . . . . . . 57,849,569 281.76 8.4 1904 . . . . . . . . . . . . . . 61,696,354 290.69 9.0 1905 . . . . . . . . . . . . . . 63,474,679 292.55 8.5 1906 . . . . . . . . . . . . . . 74,785,615 336.36 S.8 1907 . . . . . . . . . . . . . . 80,312,375 353.09 S.9 1908 (1) . . . . . . . . . . . 84,555,146 366.84 10.7 1909 (1) . . . . . . . . . . . 90,529,014 384.57 10.1 1910 (1) . . . . . . . . . . . 103,795,701 430.99 10.3 (1) Not including terminal and switching companies. 30 APPENDIX F. DNITED STATES SENATE COMMITTEE ON POST OFFICES AND POST ROADs September 11, 1912. My dear Sir: I hand you herewith a copy of Senate Bill No. 7371, introduced by me by direction of the Senate Committee on Post Offices and Post Roads, embodying a plan recommended by the Post Office Department for determining the compensation to be paid to railroad companies for transportation of the mails. This general subject has been referred to a joint Committee of Congress. The Committee has not yet organized and probably will not do so for several weeks, but as a member of that Committee and as Chairman of the Senate Committee on Post Offices and Post Roads and under authority of Senate Resolution No. 56, I de- sire to secure immediately such information as may be available for submission to the Committee at its first meeting. I will ask you, there- fore, to answer the following questions: (1) Do you deem the present plan of compensation an equitable one as between the Government and the railroads? If not, in what re- spects and as to what classes of railroads is it inequitable? (2) Is the underlying principle of the plan embodied in the in- closed bill a proper basis for compensation? If not, wherein is it improper, and why? (3) What, in your opinion, is a desirable plan for compensating railroad companies for transporting the mails? I desire an early reply to these inquiries relating to the general plan, and, if you are not ready to do so now, shall be glad to have you submit later a detailed discussion of this bill and of House Document No. 105, 62d Congress, 1st Session, with which, I assume, you are familiar. Yours very truly, (Sgd.) JONATHAN BOURNE, JR. Chairman Senate Com. on Post Offices and Post Roads. 31 APPENDIX G. COMMITTEE ON RAILWAY MAIL PAY. October 3, 1912. Hon. Jonathan Bourne, Jr., . Chairman, Senate Committee on Post Offices and Post Roads, Washington, D. C. My dear Sir:- The Committee on Railway Mail Pay, representing 268 roads operat- ing over 214,275 miles of road, has been investigating the subject of mail compensation for about three years, or since the Post Office Depart- ment, in 1909, sent out a series of questions regarding the space fur- nished for mails in passenger trains, and the cost to railroad companies of the service which they perform for the Government in the carriage of the mails. Therefore the Committee has thought it would be of in- terest to you to receive from it an answer to the questions propounded by your letter of September 11, 1912, addressed to the officers of rail- roads throughout the country. A response to House Document No. 105 is now in course of prepara- tion, and will be submitted at an early date. In the meantime, our committee desires to submit the following replies to your inquiries: Question 1.—Do you deem the present plan of compensation an equitable one as between the Government and the railroads? If not, in what respects and as to what classes of railroads is it inequitable? Answer.—The existing law has never worked to the disadvantage of the Government, but has failed to do justice to the railways by reason of infrequent weighing; absence of pay for nearly 40 per cent. of the space occupied as travelling post offices; the performance, without pay, of side and terminal messenger service, and the unjustifiable reduction in pay by the Act of Congress dated March 2, 1907, supplemented by Order No. 412 of the Postmaster General, changing the divisor. The present law is based upon correct principles, but should be so amended as to provide— :* - 32 (a) For the Repeal of the Act of March 2, 1907. Notwithstanding the large increase in every other item con- nected with the administration of the Post Office Department, the Tailroads’ pay has been singled out as the one element in these oper- ations for concentration of economies. This too, in the face of the fact that the operating expenses of the railroads have been greatly augmented by the requirements of the law with reference to steel equipment, and a general increase in cost characteristic of all business operations. (b) For annual weighings, and a definite and just method for ascertaining daily average weights. Under the quadrennial weighing all increased weight of mail during the next succeeding four years is carried by the railroads without any compensation whatever, which is manifestly unfair. The railroads must provide car space and facilities for the maa- imum weight offered at any time, yet they are paid only for the average weight carried. The Postmaster General’s order covering the divisor has unfairly reduced this average. This provision is essentially necessary in view of the bill estab- lishing the Parcels Post, effective January 1, 1913, which will re- sult in taking from the express service traffic for which the railroad companies now receive compensation and transferring it to the mail service; the bill referred to containing no provision for payment to the railroad companies for the increased tonnage to be handled in mail cars, although such provision was made for the star routes and the city wagon Service. (c) For pay for Apartment Cars on some basis that will com- pensate for the service. That the Postmaster General has himself recognized the justice of such a change, is indicated in the following quotation from page 3 of House Document No. 105:— <<:: :}; an additional amount may be allowed for railway post office cars when the space for distribution purposes occupies 40 feet or more of the car length. No additional compensation is allowed for space for distribution purposes occupying less than 40 feet of the car length. This distinction is a purely arbitrary one and without any logical reason for its existence.” 33 (d) For a fair allowance to the railroads for the side and terminal messenger service which they perform for the Post Office Department, according to the value of this service to the Post Office Department. The necessity for this is also emphasized by the establishment of the Parcels Post which will undoubtedly add greatly to the ex- pense of the service. (e) That all rates of pay should be definite and not subject to the discretion of the officers of the Post Office Department. Other inequities exist under the present law, but are due to the administrative methods rather than to the law itself. Question 2–Is the underlying principle of the plan embodied in the enclosed bill a proper basis for compensation ? If not, wherein is it improper, and why? Answer.—The underlying principle of the plan embodied in Senate Bill No. 7371 is not correct. Any plan of compensation based upon operating cost and taxes, plus six per cent. for profit, is fundamentally Wrong, because it makes no allowance for return upon the property employed. Furthermore, such plan is not correct, because it involves paying the highest rates to the railroad that by reason of physical disabilities or inefficient methods is most expensively operated, and the lowest rates to the railroad whose operations are most efficient and whose Service is most satisfactory and valuable to the Post Office Department. Under the plan proposed, a railroad would be penalized for all the capital ex- penditures made by it for the purpose of decreasing its operating cost, because the more it. decreased its operating cost the more it would de- crease its mail pay, although by making this improvement in Operating cost it would have incurred an additional capital charge upon which it would have to pay dividends or interest. The ascertainment of the cost to a railroad of conducting the mail service is necessarily very largely a matter of judgment and opinion, because a large proportion of the total operating expenses are expenses common to the freight and passenger traffic and can only be approxi- mately apportioned and there are various formulas existing for such apportionment. It would not be right or proper to entrust to the Post Office Department the discretion of selecting the formulas by which to ascertain these costs, because the Post Office Department has an obvious interest at stake, its object always being to reduce the railroad pay to a minimum. 34 The estimated cost of a specific service is not a proper basis for fixing rates for transportation of any commodity. The railroads are entitled to receive a full and fair return for the value of the sérvice performed, and the ascertainment of cost of such service is principally of value as a protection against the establishment of confiscatory rates. Question 3.—What, in your opinion, is a desirable plan for compen- Sating railroad companies for transporting the mails? Answer.—The existing law has been in effect for nearly forty years, and those who have worked under it are more or less familiar with its operations. If it were amended to correct serious inequities, as Sug- gested in the answer to Question 1, and fairly and impartially admin- istered by the Post Office Department, it would be preferable to any untried or theoretical plan that could be proposed. Very respectfully yours, COMMITTEE ON RAILWAY MAIL PAY, By (Signed) RALPH PETERs, Acting Chairman. * 35 75 g akewºº- 64- : FEB 2. lg, b #2) § “There is no warrant in the oft-repeated assertion that the Government is being robbed in its mail pay- ments by comparison with what the express companies pay. There has been an amazing amount of reckless assertion on this subject.” -Report of Joint Congressional Committee on Railway Mail Pay. Railroads Earn Less from Mails than from Express The Joint Congressional Committee on Railway Mail Pay finds the railroads are better paid for serving the ex- press companies than for serving the Government in carrying the mails. The Committee has reported to Congress that the mail service costs the railroads more and yields them less than the express service. The report holds that the comparison of mail and express receipts furnishes no basis to support the claim that the railroads have been overpaid for carrying the mails. The Committee declares the records of the Interstate Commerce Commission prove “that the express payments have been responsive to the growth in traffic, while the mail payments clearly have not.” The evidence before the Committee showed that in a typical passenger train the express car earned $6 while the mail car was earning $5. Express Yields the Higher Earnings—Mail - Forces the Higher Costs The Services Compared The Joint Congressional Committee's re- port Says : “The express service undoubtedly costs the railroads less than the mail per car-mile. " Railway employes help to load and un- load mail but not express matter, except where employes are jointly paid by the rail- road and express companies. * Express cars are cheaper than equipped mail cars. “Railroad companies are liable for injuries to mail clerks but not for injuries to express employes. * Express matter is handled at all times by express company employes. “A railroad company not only handles the mail at and in stations, but in a great many instances bears the expense of transporting mail between the station and the post office. “Mail must be carried on all trains, in- cluding the fast trains, while express matter is limited in frequency and speed of service. “Postal employes are carried free on rail- roads while on official business, whether connected with railroad mail service or not. Transportation of express employes is recip- rocated by free services rendered by the express companies for the railroads.” Mail vs. Express Receipts As to how the receipts of the railroads from mail and express Compare, the Com- mittee reviews the evidence for the test month of November, 1909, and states this conclusion: "Suffice it to say that we are convinced that the railroad earnings from mail were in 1909 decidedly lower than from express on a car-mile basis, which is the only basis for Comparison we have. “Certainly there is no warrant in the oft-repeated assertion that the Government is being robbed in its mail payments by com- parison with what the express companies pay. There has been an amazing amount of reckless assertion on this subject.” %. , X; X + In 10 years railway mail pay increased only 22 per cent., while the earnings of the railroads from express traffic increased 91 per cent., according to the records of the Interstate Commerce Commission placed in evidence before the Joint Committee. + -K- -X: + Burdens of the Mail Service In the hearings before the Committee the railroads proved mathematically that express cars earn an average of 19 per cent, more, for each mile traveled, than mail cars. The railroads claimed, nevertheless, that the mail service was the more burdensome and costly to perform. Proof of this assertion was called for by the chairman of the Joint Committee, Hon. Jonathan Bourne, Jr. In response, Mr. V. J. Bradley, General Super- visor of Mail Traffic of the Pennsylvania Railroad, prepared a comparative statement of the differences between the two services. For the information of the public that statement is reprinted on the following pages by the committee representing the railroads in the matter of mail pay. RALPH PETERS, Chairman. The railroads are paid approximately 50 per cent. of the total gross receipts of the express companies for carrying their traffic; they receive less than 20 per cent. of the gross receipts of the Post Office Department for a similar, but much more costly, service. 2 --------------------- - - Mails Burden Railroads More than Express Differenceſ in the requirements tºmpoſed upon the railroad companies in the performance oy United States Mai. Service as compared with ſimilar relations in the performance of ſervice for the express companies. POST OFFICE DEPARTMENT EXPRESS COMPANIES Post Office Department seeks to stipulate all the conditions and many of them at will without Consultation. Differences with Post Office Department not subject to arbitration as in England. Post Office Department weighs the mails and adjusts the pay reserves the right to change every four years and practi- cally gives itself a rebate on the increased business for the intermediate period. Post Office Department demands unlimited frequency — practi- cally on every train. Post Office Department requires excess car space for sorting the mails en route far beyond what the load requires. The railway post office cars are largely occupied by pigeon- holes and iron racks and are not available forgeneral railroad use when not occupied by the mails. The law requires steel railway post office cars, and the Post Office Department prescribes the interior fittings and special sanitary fixtures and require- ments. Light (electric or gas) is especially expensive, so much being needed. Hence high cost of construction and maintenance. The railroad companies pay for loading and unloading mailcars. Probably three or four times as many railway postal clerks are carried for sorting the SUBJECT 1. Contracts 2. Differences tº 3. Pay adjustments . . 4. Transportation facili- ties 5. Car space . 6. Railway post office cars; mail apartment C2. TS 7. Construction; main- ten all Ce 8. Loading and unload- ing . . . . . 9. Employes accompany- ing traffic en route 10. Station room mails en route. The railroad companies are responsible for their lives and safety. Sub- stantial amounts are paid annu- ally on account of accidents. If the Post Office Department requires room for transfer clerks at stations, the railroad companies provide them with- out special charge and also furnish them and supply heat, Express companies formally con- tract with railroad companies, the railroad companies being the controlling party and re- serving important power. Arbitration would be naturally resorted to, and many contracts so provide. - Express pay to railroad companies is automatically adjusted on the actual daily business. Express companies strictly limited tC) CeItal n tral In In OVern entS. Express traffic loads more com- pactly and therefore more eco- nomically. Express traffic does not require specially equipped cars. Bag- gage cars serve the purpose and are available for general use. The express company accepts the cars that the railroad company can supply and is content with ordinary service and very little artificial light. Hence low cost of construction and mainte- Ila Il Ce, The express companies bear this expense themselves. Express companies relieve the railroad company from any re- sponsibility for injury or death of its employes. The express company pays rent for any space occupied in sta- tions or builds its own struc- tu IeS. light, iced water, etc. SUBJECT POST OFFICE DEPARTMENT EXPRESS COMPANIES 11. 12. 13. 14. 15. 16. 17. Side and terminal messenger service . Free or reciprocal ser– W1Ce Mail cranes and mail receivers . Advance loading of railway post office C2 [S Handling traffic. Responsibility for loss or damage Fines and penalties Post Office Department requires railroad companies to carry the mails between the station and the post office at many places. Post Office Department makes no concessions to railroad com- panies. Post Office Department requires railroad companies to erect and maintain these devices at sever al thousand places throughout the country. Post Office Department expects cars to be placed in terminals several hours before leaving time for distribution in addi- tion to loading, and thereby avoids renting space in post offices for that purpose. Post Office Department pays nothing extra to train baggage- men nor to station baggagemen for handling the mail traffic. The Post Office Department has not, so far as known, asserted the claim that the railroad companies are pecuniarily re- sponsible for the general mails, but have imposed fines to cover the loss of registered mail or of mail bags or locks lost or destroyed as in railroad wrecks. Post Office Department imposes fines and deductions in many cases, some of which are dependent upon the idea that the particular mail (perhaps relatively unimportant) must be given preference over pas- senger and other traffic. No such service is performed for the express company. The express company usually car- ries free, money, tickets, valu- able packages, etc., for the rail- road company, not only on the contracting railroads, but also over the connecting lines over which the express company Operates. No such requirement exists in connection with the express service. Express companies own or rent their own unloading or loading warehouses and pay all costs and expenses. Express company contributes to the salary of railroad employes acting in the joint capacity. Express company accepts all re- sponsibility for loss or damage to express traffic. Express company accepts the rail- road company’s standard of efficiency and has no superior privileges of supervision. *. º “The evidence before us shows a relatively higher earning from express than from mail, taking the railroads as a whole.” —Report of Joint Congressional Committee on Railway Mail Pay. “That there should be an increase in railway mail pay . . . must be expected. No reasonable man can expect that the Government can increase its postal rev- enues at an average rate of $13,000,000 per year without increasing its expenses.” —Report of Joint Congressional Committee on Railway Mail Pay. Railroads' Right to Higher Mail Pay Vindicated The Joint Congressional Committee on Railway Mail Pay, of which ex-Senator Jonathan Bourne, Jr., is Chairman, after two years of investigation, sustains the main conten- tion of the railroads that they are underpaid for carrying the mails. The Committee now recommends to Congress a scale of rates which it estimates will increase the total payments to the railroads by about $3,000,000 per year, and says: “We believe our suggested rates are certainly not too high from a Governmental standpoint, though they may be too low from a railroad standpoint.” § { % ºf k + Three years ago Postmaster General Hitch- cock announced to the public that the Post Office Department had found the railroads to be overpaid by $9,000,000 per year. That “finding” is now completely demol- ished as the result of the most thoroughgoing inquiry ever made into railway postal con- ditions. - The position that the railroads should in fairness be paid more is not only sustained, but the general principles of Post Office Department policy toward the railroads— and against which the companies have so long protested—are condemned. The Congressional Committee also decries Postmaster General that “rates for carrying the mails on railroads should be less than those which might be fixed for commercial purposes.” The Committee report replies: “Do we ask a mail clerk to work for less than a normal salary because he handles letters? s “The patrons of either freight or passen- ger service should pay no more and no less than a fair rate, and the Government should pay no more and no less than a fair rate for the transportation of mail. * - “The money paid for freight, passenger, the doctrine in the last annual report of the express and mail transportation is all ulti- mately paid by the public. Fair rates should be made in all branches of traffic, otherwise a deficiency of return from one branch must be made up by an overcharge from another branch. -- “The Government is the people organized. The patrons of the freight or passenger train services are the public unorganized. We see no reason for favoring the people organized as against the people unorganized.” . The Right to a Fair Profit “Regarding the certainty of the traffic, some claim that the railroads are not com- pelled to spend as much to get the mail traffic in the way of advertising and traffic bureaus as in the case of the passenger traffic proper, and argue that this would tend to make the mail car somewhat less expensive per mile than the regular passenger car; but even if this were a fact, it is in no wise in conflict with the commercial principle. . . . “ Unfortunate also is the attempt of the department to find an analogy between the commutation passenger traffic and the mail traffic. The making of low rates per pas- senger when there are many passengers in a car is not in conflict with the commercial principle. The earnings per car mile may be greater than in the regular passenger ser- vice. o * . “In the matter of the certainty of the pay- ment, we can see no reason for regarding the department as a favored shipper. Is pay- ment once a month for mail service any better than payment in advance from the passenger ? Should Foster All Traffic “It is said that railroads are not built primarily to carry the mails. This may be true. They are built primarily to get all the traffic that can be developed, and, according to the commercial principle, each great branch of that traffic should, if possible, be made to bear its proportionate share of the ex- penses. . . . “We are asked to consider the principle of public utility’ as a reason for departing from the commercial principle. Just as railroads accept a low rate of profit on one class of freight in order to develop a given territory, they might, it is urged, be called upon to make a special rate on mail because mail helps to diffuse intelligence. “The desirability of diffusing intelligence may well be taken into account in fixing the postage rates to be paid by the public, but it is not clear that this has any connection with what the Government should pay the rail- roads. “Does the manufacturer of desks make a special price to the Post Office Department because the mail service helps to diffuse intelligence 2 “Then why should the railroad, which is merely another instrumentality used by the Government in its mail business, sell its services at an abnormally low rate if the Government is able to pay the normal rate ’’’ % + X x No Allowance for Capital The original estimate of $9,000,000 over- pay was based on a proposal submitted to Congress by the then Postmaster General, Mr. Hitchcock, who proposed to save the Government that amount yearly by paying the railroads on the basis of the estimated operating cost of carrying the mails plus 6 per cent., with no allowance for return on capital. “Evidently Mr. Hitchcock, and his De- partmental Committee studying this prob- lem, failed to realize,” says the report, “that rights of way, roadbeds, tracks, equipment, and terminals were necessary prerequisites in the operation of mail cars, as no allowance whatever was made in the suggested method of payment for capital charges.” - % k + X. Increased Pay Natural The Bourne Committee estimates that its plan will increase the total of railway mail pay by slightly less than $3,000,000 above the appropriations for 1914–15. The report thus points out that railway mail pay normally should be continuously higher : “That there should be an increase in railway mail pay need not be surprising; in fact, it must be expected. The volume of postal revenue increased at the average rate of about 7 per cent. per annum, or an average of about $13,000,000 a year during the 10-year period from 1903 to 1913. This necessarily means a corresponding increase in the volume of mail. “NO reasonable man can expect that the Government can increase its postal reve- nues at an average rate of $13,000,000 per year without increasing its expenses in practically all departments of the service, though perhaps at a smaller ratio. "In this connection it is pertinent to remark that although the postal revenues doubled in that 10-year period, railway mail compensation increased only 20 per cent.” Railroad Claims Justified In what manner the Bourne Committee has supported the fundamental contentions of the railroad as to the fact of underpayment and unfair treatment, the following principles for which the railroads have contended may be repeated : 1. That the quadrennial system Of adjusting payments to the in- creased weights of the mails is unjust and unbusiness-like. 2. That the railroads should be paid for the messenger and terminal services they now perform without pay. 3. That apartments fitted up as traveling post offices in cars partly used for other purposes should be paid for. 4. That the railroads are entitled to a fair commercial profit for carry- ing the mails. 5. That the rates of pay and con- ditions of the mail service should be fixed by law and not left discre- tionary with Post Office Department officials. % -}{ }{ % This is what the Committee says: Quadrennial Weighings “The country is divided into four divisions, weighings being made in each division every four years. This method is antiquated, un- scientific, and unsatisfactory, as a quadrennial weighing in a postal division must be unfair to the Government in cases where there is a decrease in the volume of mail in the four- year period and unfair to the railroads in case there is an increase. “No actual data are obtainable as to the actual increase or decrease in the weight of lack of this information in the Post Office Department was a great surprise to your committee. “The annual post office reports show, however, an average increase in mail revenue of 7 per cent. for the past 10 years; hence, undoubtedly, there has been an annual in- crease in the volume of mail during the same period. “If the increase in weight has been pro- portional to the increase in revenue, then under the present quadrennial weighing system the railroads of the country have received no compensation whatever from the Government for about 14 per cent. Of the mail carried by them during each four- year period. “Since expansion of the parcel post, the quadrennial weighing has become much more unsatisfactory as a means of determin- ing the compensation to be paid for trans- portation.” % + X. X- Relief from Messenger Duty “It is no more reasonable or just to com- pel the railroads to deliver mail to a post office after it reaches the depots or terminals than it would be for the Interstate Com- merce Commission to require railroads to furnish taxicabs free of cost to take passen- gers to their homes on arrival at their desti- nation depots, or motor trucks to move freight from the freight terminals to the con- signees at the expense of the railroads. “Hence we provide in our suggested plan for the relief of the railroads from this unjust burden now placed upon them. . . . mail, though under a weight system the “Conveyance of mail on city streets is no proper part of railroad duty. Railroad trans- portation, both freight and passenger, begins and ends at railroad depots and terminals.” % -k Free Transportation Limited * * The Committee considers that the free transportation of Post Office Department employes should be limited to those actually engaged in the railway mail service, when on actual dutv in such capacity, in contrast with the Moon bill provision for free transporta- tion when on official duty of any character. On this point the report says: “The railroads should no more be expected to carry postal employes free of charge when not directly and officially connected with the Railway Mail Service than they should United States Government engineers, officers, or employes of any other department in our Government.” + % * * Government Ownership of Postal Cars “Our study of the subject has convinced us that Government ownership of post office cars is entirely impracticable and would be Conclusions of the much more expensive to the Government than the present system of compensation. At present the railroad companies own the cars and pay all the expenses of heating, lighting, repairing, painting, cleaning, inspect- ing, furnishing ice water, etc. “If the Government owned these cars, which would be scattered throughout the United States, it would be compelled to em- ploy skilled inspectors to guard against de- velopment of defects which would render the cars unsafe, would employ cleaners and arrange for heating and lighting, would main- tain repair shops and employ expert me- chanics. “We do not believe that any person of business experience will doubt for a moment that to maintain the comparatively few R. P. O. cars used in the Railway Mail Service would cost the Government many times what it costs the railroads. “Nor do we believe that anyone, after giving the subject consideration, will contend that the railroads should be required to haul such Government-owned cars without addi- tional compensation for the service rendered.” Bourne Committee “It has been our view that it is not our duty to endeavor to make out a case that is favorable or unfavorable to either the Government or the railroads, but to ascertain with as great accuracy as possible what is a reasonable compensation to be paid. “We believe that the Government should deal justly with its citizens, for if it expects them to deal justly with one another and with the Gov- ernment, the Government must set the example by dealing justly with them. “We are aware that it is popular to denounce and attack the rail- roads and that it would be pleasing to the taxpayer if the expenditure for railway mail compensation could equitably be reduced. “We do not believe, however, that the American people desire the mails carried by the railroads or by anyone else for less than a reasonable compensation therefor. “We have endeavored to ascertain what are reasonable charges. We recommend that such charges be paid.” 4 “The railroads perform a wonderful service for the Government and for the people, and if it were not for the railroads, mail service would be a very insignificant thing.” —Testimony of Second Assistant Postmaster General Stewart, before Joint Congres- sional Committee on Railway Mai 1 Pay, Washington, D. C., May 14, 1913. ->- - The Railroads' Appeal for Fair Payment for Carrying the People's Mail - O carry the people's mail quickly, safely and frequently is a social obligation which the railroads freely concede. It is a service voluntarily performed, for no law compels a railroad Company to carry mails unless it contracts to do so. The courts hold, however, that if the railroads so contract, they must do so on terms named by the Government. Though surrounded by these anomalous conditions, the railroads have without stint placed their resources at the disposal of the Nation to develop the transportation of mails to the highest possible state of efficiency, This service has been paid for at a price fixed by the Government, a price from which the carriers have had no appeal, Railroad officers have felt, ever since the present method of railway mail payment was estab- lished in 1873, that this compensation was unjustly low. This opinion is still held by experienced railroad officers throughout the country, but with even greater firmness and earnestness, on account of the increasing costs of railroad operation combined with frequent heavy reductions in railway mail pay made by the Government. The United States Government, in 1912, paid the railways $51,697,374.49 for carry- ing mail. This was about 20.95 per cent. of all postal revenues. In 1901 the rail- revenues. In that same year, 1901, the "Joint Committee to Investigate the Postal Service,” of which Senator Wolcott Chairman, reported to Congress its opinion { { º º e that "the prices now paid to the railroads W2S for the transportation of the mails are not excessive.” Yet, in 1907, Congress reduced railway mail pay by $2,723,000, about five per cent., and the Postmaster General, upon his own initiative, by Administrative Order, made a further reduction of nearly $5,000,000, about ten per cent. ; an aggregate reduction of $7,700,000 per annum, or fifteen per cent. The railroads maintain that at present they are underpaid by at least $15,000,000 per year. It is their belief that a fair adjustment would require that the Government should pay the railroads for all services they render. The complaint of the railways is not against the standard of measuring such mail service as is paid for, but that a very large amount of service is demanded for which the nation makes no payment whatever. + k + + Present Method of Railway Mail Pay Railroads are now paid for carrying the mails by two methods of measurement : 1. According to the weight hauled each mile ; and - 2. For each mile a postal car is used for ways received 34 per cent, of the postal sorting mails en route. THE RAILROADS CLAIM, HOW- EVER, THAT THE NATION DOES NOT PAY FOR THE ENTIRE WEIGHT CARRIED OR ALL THE CAR SPACE UTILIZED FOR SORTING.. IN DETAIL: 1. Weight. Ninety per cent. of all the money paid to the railroads is for the weight of mail carried. This is entirely proper, and it is also but just that the law should stipu- late that the rate of compensation should au– tomatically diminish as the weight of mail carried increases. Weight is the standard by which freight rates and express rates are ap- plied. It is a universal measure of the ser– vice of hauling goods. It is an automatic adjuster. On this basis the quantity of the mail itself, multiplied by the distance it is carried, determines what the compensation shall be, and protects the railroad companies as it does the Post Office Department. The law stipulates that the mail shall be weighed for a typical period at least once every four years and that payment shall be made during the entire period according to the average weights then actually ascertained. In practice, the Post Office Department has con- strued this law to mean that the mails shall be weighed not oftener than every four years. The result is that though there is a constantly increasing weight of mail, the railroads receive no payment whatever for the increase until the next quadrennial weighing period, when a basis is arrived at which shall govern the payments to be made for the suc- ceeding four years. When, at the end of four years, it is found that a very decided increase in weight has taken place, no back pay is permitted for the mail which was actually carried in addition to the average weight ascertained four years before. An illustration of the injustice of this quadrennial weighing system is in the fact that just after the weighing of the mails in Ohio in 1907, the printing of stamped envelopes and newspaper wrappers was changed from New England to Dayton, Ohio, so that many railroads have been required to handle this traffic for four years without compensation, while other roads have been receiving for the same period compensation for services not performed. After handling this matter at Dayton for about three years and before the next succeeding quadren- nial weighing, the Post Office Depart- ment withdrew a large amount of this matter from the mails and shipped it by freight. Thus the railroads will never receive one dollar in compensation for all of this mail which was handled during that period. This principle is at present working great hardship to many railroads. The parcels post started January 1, 1913, and immediately there was a great increase of mail and a reduction of express matter for which the railroads had been previously paid. Congress has allowed a 5 per cent, increase in pay to Compensate for the parcels post, but the records already indicate that the Govern- ment's postal revenues will increase this year from 20 to 30 per cent. On account of the Parcels post. In considering the foregoing, it should be understood that the Government makes no additional payment for speed or for fre- quency of service. There is no greater pay accorded the railroads for carrying mails at a speed of sixty miles per hour than for fifteen miles per hour. There is no greater pay for 100 trips a day than for one trip a day. The aggregate weight of mail carried, and therefore the pay, is the same, whatever the speed or whatever the frequency with which it is carried. - The railroads are required to take on scheduled trains all mail, even if necessary to exclude and hold back baggage or express matter. In fact, it is not an uncommon thing, in St. Louis for instance, to unload both baggage and express, and place mail in baggage cars in order to supply the space needed to carry all of the mail presented. THE RAILROADS MAINTAIN, THEREFORE, THAT WHILE WEIGHT IS THE PROPER MEASURE OF PAY, IT SHOULD BE ASCERTAINED EVERY YEAR AND PAID FOR ACCORDINGLY. % + 3 + 2. Railway Postal Car Service. To facilitate the distribution of mail en route, the railways have provided 1388 traveling postal cars. They are fitted with every modern appliance and every comfort for the clerks who shall work in them. Full rail- way post office cars of all sizes travelled The complaint of the railways is not so much against the standard of measuring such mail service as is paid for, but that a very large amount of service is demanded for which the Nation makes no payment whatever. 126,798,405 miles in the performance of service during the fiscal year 1912. Pas- senger cars on American railroads the same year yielded revenue of about 25 cents for each mile run. If the railway postal cars had yielded as much per mile, it would have amounted to a total of $31,699,601. Yet the railway postal cars only con- stitute about 38 per cent. of the entire car space devoted to the U. S. mails, the other 62 per cent. being in mail apartment cars, mail storage cars, and baggage cars. On a number of routes pay has been allowed for running full cars in one direc- tion only. This obliges the railroad to move the car in the opposite direction without pay. To illustrate : The Union Pacific, in one case, receives no pay for handling eastbound, between Council Bluffs, Iowa, and Ogden, Utah, 1003 miles, a sixty-foot mail car which is paid for westbound only. For the round trip the Company receives only 2.24 cents per mile, or about the fare of a single passen- ger, although a standard coach of the same size will carry seventy passengers. These railway postal cars in many cases must be placed in stations from two to seven hours before the time of the train's departure, in order that the clerks may have opportu- nity to begin sorting the mails. This saves the Post Office Department the rental of outside office space for that purpose. Where such track space is used in expensive ter- minals, such as the Grand Central Station in New York, this item is of considerable 2CCOUInt. THE POSITION OF THE RAILROADS IS THAT THE EFFECT OF THE PRES- ENT PRACTICE IS TO COMPEL MUCH RAILWAY POST AL CAR SERVICE WHICH IS NOT PAID FOR ; AND THAT THE ACT OF MARCH 2, 1907, REDUC- ING POSTAL CAR PAY WAS WITHOUT Railway Services for Which No Payment is Made For the foregoing elements in the railway mail service—weight of mail transported and railway postal service—the Nation makes cer- tain though partial payment. But as was stated by the Wolcott-Loud Commission in 1901, { { e tº The railroads perform many services and afford many facilities for which the law does not allow and the railroads do not receive That statement is no less true today than it was in 1901. Under the law the Post Office Department alone determines how far the Government shall any compensation.” compel these free services, and that depart- ment has uniformly pursued a policy of considering the efficiency of the postal service regardless of how far provision had been made for compensating the railroads for the additional burden imposed. Those services rendered the Nation for which the railways receive no compensation are the following: I. Providing apartments for mail distribu- tion in combination baggage cars. Though the Government has recognized that the space used for the distribution of mail en route should be paid for, the law stipulates that there shall be no payment for such space unless the car, or portion of the car, used aggregates forty feet in length. As a matter of fact, a very large number of cars have distribution space of from but ten to thirty feet. in use with space utilized for the mail serv- Some 4029 such cars are now ice aggregating 92,866 linear feet, equal to WARRANT. 1548 full 60-foot postal cars. This is 160 The Government pays for the space used in this car for sorting the mail INTERIOR OF A 70-FOOT ALL STEEL RAILWAY POST OFFICE CAR In the foreground observe the steel racks for holding the sacks open, into which the second-, third- and fourth-class mail is assorted. Note the overhead boxes running down both sides of the car, also used for these classes of mail and permitting of over 200 separa- tions simultaneously. The letter mails are assorted in the winged cases in the background, these having 748 pigeon holes, and consequently permitting of that number of separations at one time. In the particular car here illustrated there are five railway postal clerks at work. In other similar cars there are sometimes as many as eight or nine clerks. The extra pay for Railway Post Office cars, in addition to the weight pay, ranges from 3.4 cents per mile for a 40-foot car to 5.4 cents per mile for a 60-foot car. The law of 1873 does not make a rate for a 70-foot car. The paying load in these cars averages only 3 tons of mail, although the car could easily contain 20 tons if the space were not occupied with fixtures used in assorting the mails for different destinations. more than the number of full cars actually in use and paid for by the Government. Yet for the sorting space in these compart- ments the Government makes no pay what- ever. On the Pennsylvania Railroad's 20-hour trains between New York and Chicago 13 feet of space for the use of the post office is set aside and fitted up with necessary sorting apparatus. The trains carry about one ton of letter mail with the postal clerks who distribute it. The revenue from the mail is solely for weight, and results in compensation of about seven cents per mile going from New York to Chicago, and about three cents per mile in the opposite direction—equal to the fare of two ordinary passengers west- bound and one eastbound. 2. Carrying free post office employes not in charge of mails. Were fair pay to be made for the car space used for distribution the railroads would make no objection to the transpor- tation of a reasonable number of clerks in charge of mail, or to free transportation of officers of the Post Office Department having to do with the transportation of mail. BUT WHEN AN EMPLOYE OR AGENT OF THE DEPARTMENT TRAVELS ON GOVERNMENT BUSINESS AS A PAS- SENGER IN A PASSENGER CAR, THE GOVERNMENT, IT IS MAINTAINED, OUGHT TO PAY HIS REASONABLE The Government does not pay for the space used in this car for sorting the mail INTERIOR OF A 30-FOOT APARTMENT IN AN ALL STEEL COMBINATION MAIL AND BAGGAGE CAR In the foreground observe the steel racks for holding the sacks open to assort second-, third- and fourth-class mail; also the double row of overhead side boxes used for the same purpose, both to permit of 106 separations to be made at one time. The large pigeon hole case in the background is for sorting letter mail into 312 separations. also one weigher. Note the Parcel Post packages, occupying much space, but contributing little weight. There are four railway postal clerks at work, Although the post office work in this apartment is similar to that of the full Railway Post Office car, the law provides no extra pay for the extra car space required by the Post Office Department. The paying load in these 30-foot apartments averages only 1500 pounds, although there is room enough for 10 tons of mail if the space were not occupied with fixtures used in assorting the mails for different destinations. FARE. The amount of transportation required by the department and not covered by law, for which no compensation is rendered, aggregates over $1,000,000 in value per annum. For the postal clerks who separate the mail in postal cars or apartment cars the railroads have the same full passenger liability as for passengers. Indeed, the United States Supreme Court has recently extended this liability to apply where a postal employe was not even traveling upon official, but was traveling free upon the railroad on personal business. 3. Railroads must carry the mail between railroad stations and post offices when such post offices are within one-quarter of a mile of the station. This regulation is a survival of stage-coach days, when carriers of mail by stage were compelled to set the mail down at the post offices. This service is not expected in the transportation of passengers, express, bag- gage, or freight. 4. The railroads are also required to trans- fºr the mail between stations or from one train to a connection, if the stations or connections are within one-quarter of a mile of each other. This unremunerated service in the city of St. Louis calls for 60 porters especially to “The railroads perform many services and afford many facilities for which the law does not allow and the railroads do not receive any compensation.” —From Report of Wolcott-Loud Congressional “Joint Committee to Investigate the Postal Service,” 1901. carry the mails from the different roads to their connections. In Kansas City 85 men are thus required. In Chicago there are 60 such attendants in one station alone. 5. Railroads are required to provide rooms in the stations for transfer clerks employed by the Post Office Department. - 6. Rooms in stations are also provided for sorting mail. This is a charge on the rail- road, but relieves the Post Office Department of the necessity to pay rent for such space. 7. The railroads are compelled to provide mail receivers and mail catchers, so that mails may be taken on and put off moving trains, although in Great Britain, where similar ap- paratus is employed, the Post Office Department pays for its installation and maintenance. % + 3 + Such are the incidental services required of the railways for which no payment is made by the Nation. It is estimated that the extra space in mail apartment cars for traveling post offices is worth $5,000,000, if paid for at the same rate as full railway post office cars, and also that the other incidental services would, if performed directly by the Government, cost even more than $5,000,000. THE RAILROADS URGE THAT DIS- TRIBUTING SPACE IN APARTMENT CARS SHOULD BE PAID FOR. THEY MAINTAIN, ALSO, THAT THE IN CIDENT AL SERVICES RE- FERRED TO SHOULD BE PERFORMED BY THE POST OFFICE DEPARTMENT, OR THE RAILROADS SHOULD RE- CEIVE COMPENSATION FOR WHAT THEY DO. % + 3 + What the Government Found In order, if possible, to ascertain the pro- portionate cost of carrying the mails in rela- tion to other railway passenger services, the Postmaster General, in November, 1909, re- quired the report of most exhaustive data by the railroads. The result was transmitted to Congress on August 15, 1911, in H. R. Document, No. 105. In that report the Postmaster General said that the Committee of the Department which has compiled the data “estimates that through a readjustment of railway mail pay on the basis of cost with six per cent. profit, a saving to the Govern- ment could be made of about $9,000,000.” This estimate of the costs to the railways of carrying the mails has subsequently been abandoned by the Department. This will be apparent from the following: Testimony of Second Assistant Post- master General Stewart, January 28, 1913: The Chairman: “Do you mean to im- ply * * * that, in your opinion, based upon the information received and the deductions made by you in your study of this question, the railroads have been overpaid $9,000,000 annually for the trans- portation of mail P” Mr. Stewart : “No ; there is no purpose to make a statement of that kind. The statement which you have read is “ ” * solely on the basis of statistics furnished, and the ascertainment made on those statistics, namely, that having considered the data and considered the computations made by the depart- ment, the cost of service upon that basis is $9,000,000 less than the amount which was paid to the railroads for the transpor- tation charge.” The result arrived at “ upon that basis” was reached by (a) making a division of rail- way freight and passenger expenses upon a method having but little sanction in experi- ence; (b) eliminating a large amount of pas- senger train space reported by the railroads as necessarily used for the mail service; and (c) ignoring the justice of any return upon the capital invested in the railroad plant. Subsequent to the issuance of Document 105, the Postmaster General submitted to Congress a draft of a revised bill in which he suggested that instead of the method he had originally proposed for paying for carry- ing the mails at cost of service and 6 per cent. additional, there should also be a further sum for return upon the capital employed. The Second Assistant Postmaster Gen- eral, in testifying, January 28th, stated that if the railroad companies were allowed credit for what would be a fair return on the value of the property employed, it would, in his judgment, eliminate the $9,000,000 which it had been stated the railroads had been overpaid. The Chairman : “Why did the depart- ment modify its views, * * * especially the one of an allowance of a reasonable compensation on capital charges P’’ Mr. Stewart : “Because, upon a further and more careful consideration of the subject, we were convinced that the rail- road companies were entitled to consider- ation for this additional element.” What the Service Costs Taking the Post Office Department's own figures, allowing for interest on the plant and making adjustments in the percentage of the plant used, shows the following revised re- sult as to the minimum cost of the service: 1. Interest at 6 per cent. on 1.95 per cent. (the share of the railway plant used for postal service) of the net capital investment of all the railways in the United States is . . . . . $16,380,000 2. The space actually used for mail and incidental there- to, but eliminated from the department’s calcu- lations tº tº e 9,600,000 3. Difference between approved methods and the depart- ment's methods of sepa- rating freight and pas– senger expenses 5,000,000 Total . . . . $30,980,000 If this sum is added to the net amount estimated in Document 105, as the cost of carrying the mails, it will yield about $15,000,000 more than the sum now paid for railway mail service. THE RAILROADS MAINTAIN, THEREFORE, THAT THE MOST EX- HAUSTIVE INQUIRY EVER MADE OF PAYMENT TO THE RAILROADS FOR THE ACTUAL COST OF THE SERVICE WOULD RESULT IN THE COMPANIES RECEIVING AT LEAST $15,000,000 MORE THAN THEY ARE NOW PAID. % + + 3: The Value of the Service All Important Though it is believed that the mail service is not a source of profit, it is not claimed that the railways could abandon the mail service altogether and save money. The principle governing the case was well stated by President Hadley, of Yale, in his book, "Railroad Transportation ” (page 112), as follows: “Any rate which will more than cover the expense of moving the cars and hauling the goods is a paying rate, provided the business can be had on no better terms.” The quali- fication noted is all important. Individual railroad rates cannot be based upon the mere cost of service. The only sound principle which experience has shown should cover rates is the VALUE of the It is unquestionably this principle “enables service. which, as President Hadley says, railroads to render most efficient service to the community.” Carrying mail is a commercial service. The Post Office is a commercial department of the Government. If a private company ran the post office, there could be no thought of an individual having that company do a service for him at less than a fair rate, and there could be no thought of that private company expecting railroads to transport the mails for other than a reasonable compensa- tion. The post office is operated by the Government chiefly because of the economic gain which results from having the whole work done by a single organization. As Alexander Hamilton said, in reference to the Constitutional power over Post Roads: “Nothing which tends to facilitate the inter- course between the States can be deemed unworthy of the public care.” In paying the expenses of the Post Office, THIS SUBJECT SHOWS THAT A FAIR the Government is not distributing public the GOvernment. Only a very small part of the mail is carried for - The Postmaster General reports that franked and official matter is less than 4 per cent. of all mail carried. Ninety-six per cent. is service for private individuals and corporations. - funds, but it is paying one class of citizens for services rendered to another class. SHOULD THE RAILROADS, THEN, BE EXPECTED TO PERFORM A SERVICE FOR THE PEOPLE COLLECTIVELY AT A LESS RATE THAN WOULD BE EXPECTED FOR THE SAME PERSONS HINHDIVIDUALLY P Railway mail service should undoubtedly shoulder its due proportion of the expenses incurred by the railroads in the maintenance of their organizations, as well as in the oper- ation of their trains. The whole system of railroad rates is based upon the thought that mail will pay its due proportion. If the rates for carrying mail should be upon a lower basis (in relation to the value of the service) than other rates, who should make the sacrifice? Must investors accept lower dividends? If so, railroad credit is injured. Must railway labor sacrifice a portion of its Must passenger or freight rates be Whatever the answer, is it not wages f higher? clear that those portions of the community which provide the railway plant and pay for its service would, under such a plan, be taxed to provide postal transportation for those who make use of the mail facilities The Government very properly pays citi- zens in the Federal employ fair prices for their work. When it buys supplies, it pays the market price. The Government does not expect to get its heat, light and telephone service at reduced rates. Yet such services are an essential part of the Post Office service. The Government contracts for the con- struction of a warship at a price which enables the highest scale of wages to be paid to work- men and allowing a commercial profit to ac- crue to the contractor. When the Govern- ment ships troops or army supplies it pays prices established by the railroad companies, with recourse to the Interstate Commerce Commission in case the railroads seek to impose an unreasonable rate, In England, where railroads are privately owned and where the railway mail service is operated under conditions similar to those which prevail in this country, the railroads can appeal to the Railway and Canal Com- mission if they feel themselves inadequately In this compensated for their service. country, however, there is no administrative tribunal to which the railways may appeal against a similar burden. There is, however, a provision in the Constitution of the United States which says, property be taken for public use without “Nor shall private just compensation.” It is upon the basis of this constitutional guarantee, convinced of the justice of their case, and believing in the ultimate sense of fairness in the American people, that the railroad companies have appealed to Congress to remove the existing injustices and establish the method of railway mail compensation upon a fair and equitable basis. º COMMITTEE ON RAILWAY MAIL PAY (Representing 264 railroad companies of the United States which transport mail; on 218,729 miles of line). RALPH PETERS (President of the Long Island R. R. Co.), New York City, August 1, 1913, Chairman, ONGRESS last year appointed a Commission, of which Senator Jonathan Bourne, Jr., of Oregon, is Chairman, to inquire into the adequacy of the payment being made to the railways for carrying the mails. The 264 principal railways, having over 218,000 miles of road, appointed a com— mittee to represent them in presenting their case to Congress and the public. That Committee is as follows: RALPH PETERS (Chairman), President, Long Island Railroad CHAS. A. WICKERSHAM, President and General Manager, Western Ry. of Alabama W. W. BALDWIN, Vice-President, Chicago, Burlington & Quincy Railroad W. W. ATTERBURY, Vice-President, Pennsylvania Railroad E. J. PEARSON, First Vice-President, Missouri Pacific Railway E. G. BüCKLAND, Vice-President, New York, New Haven & Hartford Railroad C. F. DALY, Vice-President, New York Central Lines W. A. WORTHINGTON, Vice-President, Southern Pacific Company W. F. ALLEN, Secretary Many hearings have been held before the Congressional Commission. The railways have offered a large quantity of evidence. The Post Office Department was represented by Second Assistant Postmaster General Stewart. The Interstate Commerce Commission was represented by Prof. Max O. Lorenz, Associate Statistician. Every phase of the subject has been considered. The report of the Commission will probably be made to Congress next winter. In the meantime, in order to make clear the reasons for the position they have taken before Congress—to show why they consider them- selves underpaid—the railways propose to lay before the public facts of interest and impor- tance concerning the railway mail service. The enclosed is with that end in view. * since January 1st last.” “The United States Government through its Post Office Department ought not to continue the reproach of demanding service from the railroads for nothing, or for inadequate compensation, a day longer than is necessary to right the wrong which has been done —From Editorial in Pittsburgh Gazette-Times, October 1, 1913. What the Parcel Post is Costing the Railways The railways of the United States carried the parcel post from January 1st to July 1st without any compensation from the Govern- ment. On August 1st the weight limit was increased from 11 to 20 pounds for a portion of the country and no provision has yet been made for paying the railroads for carry- ing this extra load. To present the case as it is viewed by several responsible newspapers, the fol- lowing quotations are reprinted by the COMMITTEE ON RAILVVAY MAIL, PAY * Representing 264 railroads carrying mails on over 218,000 miles of line. RALPH PETERS, Chairman. HE parcel post will increase the receipts for fourth class mail for the present calendar year by $15,500,- 000. It will increase the receipts for the same class of mail for the present fiscal which July 1st last, by an amount estimated to be between $20,000,000 and $30,000,000, and will prob- ably give the Post Office Department a sur- plus for the fiscal year of at least $10,000,000. For New York City alone the parcel post caused a gross increase for the first nine year, began on This period includes only six weeks of the twenty pound limit to parcel post packages, as the limit was raised from eleven pounds on August 15th. + + X + Railroad managers have complained re- peatedly to the Post Office Department and to Congress that they have not been getting fair treatment in the matter of pay for the post office matter which they carry. Last winter Congress appointed a joint Congressional Committee, of which Senator Jonathan Bourne was chairman, to inquire into the matter of railroad compensation for carrying the mails. There were many hear- ings and voluminous books of testimony were filled. It is probable that the Committee's findings will be reported this winter. In the meantime the Post Office Depart- ment announces that its receipts for fourth class mail for the first six months of 1913 were $14,000,000, as compared with $12,500,000 for the same class of mail during the entire fiscal year that ended July 1, 1912. The railroad managers say that they have had to carry the post office matter represented by the increase of receipts without a cent of increased pay; that they were working for inadequate compensation, before parcel post packages were added to the mail matter they handled, and that when the rates of compen- sation were adjusted last spring, a rate which months of this calendar year of $2,930,000. is to stand for the next four years, the Post Office Department, without a word of warn- ing to the railroads, increased the parcel post limit to twenty pounds, and that for the next four years the railroads will have to carry packages over eleven pounds for nothing. + X X X: The Complaint of the Railroads "Just what is the complaint of the rail- roads in regard to the rates of post office pay?” the Sun asked Ralph Peters, presi- dent of the Long Island Railroad. Mr. Peters is chairman of a committee on railway mail pay which represents 264 railroad companies of the United States, which transport mail on 218,729 miles of lines. The first thing to understand matter is how the railroads are paid. in the The Government does not attempt to weigh all the mail carried; it arranges a weighing period, to occur in not more than four years. Then for a period ranging from thirty days to ninety days the mails carried over a rail- road are weighed. The total is divided by the number of working days in the weighing period, the average amount for each day is determined, and that is the basis of pay until the next weighing period four years later. Right here the railroads have two of their strongest complaints. The post office makes no allowance for natural increase and growth of the mails, which would naturally be larger at the end of a four year period than at the beginning. The other complaint is in the matter of finding the average weight each day for the weighing period. “The consequences of this system of quadrennial weighing are frequently so in- tolerably unjust that no one could defend them,” said Mr. Peters. was occasioned when the manufacture of “One such instance stamped envelopes and newspaper wrappings, made for the Department, was removed from New England to Ohio, just after the mails carried by the Ohio had been weighed and the rates of pay fixed for four railroads years ensuing. After carrying all this matter in the mails for more than three years the greater portion of it was taken out of the mails just prior to the next weighing. So that not a dollar of compensation was ever received or ever will be received by any rail- way on account of this heavy mail move- ment. It is also in evidence that during this year the mails from Dayton were being weighed during the disastrous floods, which practically brought all the business of that region to a standstill.” The railroads want this weighing period to occur every year, so that they can be paid according to the actual amount of mail they carry. They say that it would be bet- ter to have the mails weighed every six months, so they could come closer to being paid for the actual weight of mail carried, but that being denied them, they think that the closer the weighing periods are fixed the nearer they will get to being paid for the actual work they do. Another complaint to the system of weigh- ing the mail every four years is the system of finding the average weight carried each day. - Some railroads carry mail seven days a week, others only six days. The law pro- vides that the weighing should be done for not less than " thirty successive working days.” This eliminates Sunday from the weighing period, and in weighing the Post Office counts only the mail shipped over railroads in working days. For the roads which carry mail on Sundays it is claimed that they don’t get paid for any of this work, as it is not weighed in figuring the average, nor do they get paid on the basis of seven days in a week. Roads such as the Long Island are not affected by this, but the trans- continental roads, which carry heavy mails on Sundays as well as week days, believe they lose 15 per cent. of entitled to. the pay they are * * * Present Rates Fixed in 1873 The rates of pay were established in 1873, but have been reduced three times since then. The original rate was $200 for carry- ing 5000 pounds per day over the whole length of the route. This was reduced 10 per cent. in 1876, and again 5 per cent. in 1878, and again in 1907 by an act of Con- gress, which reduced the pay 5 per cent. on all routes moving more than 5000 pounds and not exceeding 48,000 per day, and 10 per cent. on all weights above 48,000 pounds per day, and also reduced the pay for space in railway post office cars 16 per cent. In 1907 the railroads received $49,757,960 for the transportation of the mails, and the next year they received $48,155,378, although the increased volume of the mails caused an increase in the Department's revenue of $7,893,658. The revenue of the Depart- ment increased in 1910, $40,543,625 over 1907, and during the same period the increased cost of handling by the Post Office Department increased $39,737,936, divided as follows: Salaries of clerks increased more than $11,000,000, rural delivery service increased more than $10,000,000, city delivery service increased more than $8,000,000, railway clerks’ pay increased more $4,000,000, postmasters’ salaries increased more than $3,000,000, miscellaneous in- creased about $3,700,000. But there was not one cent of increase in postal than payments to the railroads for hauling and furnishing cars for the distribution of the vast increase in the amount of mail carried, which was more than 22 per cent., and which produced more than $40,000,000 in revenue. In fact, the pay to the railroads decreased by about $350,000. The railroads are paid something for al- lowing space in the railroad cars for the postal clerks to distribute the mail. The system of payment does not recognize any Many cars have distribution space of from ten to thirty feet. Some 4029 cars are now in use, with space utilized for the mail service aggre- gating 92,866 linear feet, equal to 1548 full sixty-foot cars. This is equal to 160 more cars than the Government pays for. Service Not Paid For Another service given by the railroads, which totals more than $1,000,000 a year, for which no pay is obtained, is carrying post space less than forty linear feet. railroad managers feel that when a Govern- ment employe travels on Government busi- ness as a passenger in a passenger car the Government ought to pay his reasonable fare. And in spite of the fact that the rail- roads carry the post office employes free they have the same liabilities for the postal clerks who separate the mails in cars as they have for passengers. This has been decided in the Supreme Court. Another rule of the Post Office Depart- ment makes railroads carry the mail between railroad stations and post offices when they are within one-quarter of a mile apart. Post- master General Meyer in 1909 estimated the annual value to the Department of this service, performed for nothing, as $4,393,000. The railroads do not wish to thrust upon the Department the burden of services which would actually cost the latter more than they cost the former, and feel that if other matters of payment are satisfactorily adjusted they would be willing to do this work for nothing, but under existing circumstances they feel they should be compensated for the work done. Other services which the railroads perform for which they are not paid are the furnish- ing of rooms in the stations for transfer clerks, furnishing rooms in stations for sort- ing mail and providing mail receivers and mail catchers, so that mails can be put off and taken on fast moving trains. * * * * Every considerable element in the cost of supplying railroad transportation in any part of the United States has greatly increased since 1901. ployes have been repeatedly augmented, and two-thirds of the expenses of operation; fuel costs more; loco- Wages paid to railroad em- wages absorb almost motives and cars are more expensive; the standard of service demanded by the public has been raised; employers' liability laws, hours of service laws and full crew laws have all helped to increase operating expenses; taxes have been multiplied, and even the rates of interest demanded by investors have increased. Recent legislation requires more office employes not in charge of mails. The extensive use of steel cars, and the railroads feel that there is not any justification for a reduction of any rate for any considerable volume of traffic. Four years ago last spring the mail carried by roads in this vicinity was weighed. Then on January 1st last the parcel post law went into effect. Burden Suddenly Increased Last spring, after the parcel post had been in operation a few months, the roads had another weighing period. In computing the rate of pay for the next four years the parcel post was considered, but it is a growing class of mail and will undoubtedly increase tre- mendously before the next weighing period four years hence. Then without a word of warning the Post Office Department increased the size of parcel post packages from eleven to twenty pounds. This rule went into effect August 15th. The roads feel that even if the limit had not been increased they would be inade- quately paid for the next four years, but the increase is more than they can bear. And another important point in regard to this increased limit is that the Post Office carries the matter without paying the rail- roads, and that much of the parcel post mail is taken from the express and freight receipts of the railroads. So the roads lose traffic in two classes and carry it for nothing for the Government. The roads that did not have their weighing periods last spring have been allowed a 5 per cent. increase in their pay to make up for the added volume of fourth class matter they will have to carry. But they do not think this is enough. % + 3 + The definite recommendations made by the committee of which Mr. Peters is the head are as follows: The repeal of the act of March 2, 1907, which reduced pay for heavy weights carried and reduced pay for full postal car service. Annual weighings and a definite and just method of ascertaining the daily average weights. Pay for mail apartment car service on a basis which would compensate for the service. * ( * & A fair allowance for "side” and terminal messenger service. That all rates of pay be definite and not subject to the discretion of the officers of the Post Office Department. —From New York Sun, October 6, 1913. “The mail service of the United States today is undoubtedly of great benefit to the people, and they are much gratified at the increased facilities afforded them through the operations of the rural free delivery, the special delivery, and the parcel post systems, but they neither expect nor desire that the railways of the country be called upon to do their part of this great work without proper reward for their Services.” —From the Cincinnati, Ohio, Enquirer, Auguſt 18, 1913. ',~.*3. , ;- 2 . . .” & | | |... /< . . . * 2° - -- * 2° tº * * * * * ** , k . . . . .” Fºres * .**). 4. sº 4. 3. * ... . . .” * * * 4 - 2 tº: \-tº-2 &. J. “: - 'dº, Ž 2. "... cº -º ſ. 2.3-3.- ...--, c > 2 c. {../ * Sº !, ..) ~#. / 2 / ºlº FE3 2 1918 The Railroads must themselves properly conserve their sources of revenue by making every service rendered by them contribute reasonably to their earnings. —Interstate Commerce Commissioner Harlan, in Industrial Railways, Case 4181. January 20, 1914. Fair Pay Denied the Railways for Carrying the Mails An Earnest Protest on behalf of the Railroads of the United States presented to the Joint Committee of Congress against the conclusions of the Post Office Department in regard to Railway Pay for transporting the Mails. HE railroad companies of the United States claim | that data compiled by the Post Office Department itself shows the railroads to be underpaid by $29,- 000,000 annually for carrying the mails. The railroads claim that according to their own calcu- lations they were underpaid at least $15,000,000 per annum before the Parcel Post was instituted. * 3: X →X. The railroads maintain that their treatment by the Government has been unjust for many years past. That no proper recognition has been given of their increased services to the public may be seen in these facts : The postal revenues in 1907 were $183,585,005.57; in 1912 they were $246,744,015.88, an increase in the five years of $63,159,010.31. The railway mail pay for 1907 was $51,008,111.32; for 1912, only $50,703,323.02. Therefore, the railway transportation of the mails—the chief factor enabling the Post Office Department to earn this increased revenue of $63,000,000—not only did not receive anything extra for the additional mails, but suffered a reduction of $304,788.30. This was before the parcel post service was established on January 1, 1913. The Parcel Post The parcel post was established on January 1, 1913, with a weight limit of 11 pounds, and up to July 1, 1913 (six months), the railroad companies received no compensa- tion whatever for carrying this additional burden. On July 1, 1913, an adjustment Of pay was made to the railroads On a basis of weight for those railroads having a weighing of the mails in the spring of 1913, and for those railroads which did not have a weighing at that time an increase of not exceeding 5 per cent. in compensation was allowed by Congress on account of the parcel post. - On August 15, 1913, and o January 1, 1914, the Postmaster General increased the weight limit to 20 and 50 pounds, respectively, and materially decreased the rates of postage on parcel post, thus encouraging a very large increase in the volume of this traffic, and for this increased traffic on the railroads no compensation what- ever is provided. Congress has just passed a bill providing for the expenditures of the Post Office Department for the next fiscal year. That bill is based upon the official estimates of the Post Office Department that during the next fiscal year the parcel post will probably handle about 600,000,000 packages yield- ing a revenue to the Post Office Department of about $60,000,000. Before the establishment of the parcel post the railroads received for their services in transporting the mails approximately one-fifth of the revenues of the Depart- ment. Assuming that their service is as great in handling the parcel post—and it is really greater—than in handling other mail, increased revenue of $60,000,000 to the De- partment should in all fairness mean increased payments to the railroads of about $12,000,000 for parcel post alone. In Great Britain the Govern- ment pays the railroads specifically 55 per cent. of all receipts from the parcel post for the service the railroads perform in transporting it. Nevertheless, the appropriation bill passed by the Congress of the United States provides no payment to the railroads for their increased services in handling the parcel post, beyond the trivial provision already made. * * * * Congress Inquiring For over one year past a Joint Committee of the United States Senate and House of Representa- tives has been investigating the sufficiency of the pay received by the railroad companies for carrying the mails. It is expected that the Committee will soon make its re- port to Congress. The main subject of discussion has been an inquiry which was conducted for the month of No- venber, 1909, to find out what it cost the railroads to carry the United States Mails. The Post Office Department was required by law to make such an inquiry. The law was not mandatory upon the railroads. However, the rail- roads co-operated at an expense to them of about one-quarter of a million dollars, this being about ten times the expenditure of the Post Office Department. After the preliminary forms were completed in collaboration the Post Office Department elected to proceed with the inquiry alone, notwithstanding the disadvantage it labored under in its unfamiliarity with railroad accounts and statistics and with railroad operating condi- tions, and notwithstanding the fact that it was an interested party. Finally, on August 12, 1911, ex-Postmaster General Hitchcock made a report to Congress that on the basis of the share which the United States Mail should be debited with the railroads' oper- ating expenses and taxes, with 6 per cent. added, the railroads were in 1909–1910 paid $9,000,000 excess. The railroads at once pointed Out : 1. That this was an ex parte finding. 2. That the Post Office Depart- ment had not divided the railroad expenses as between freight and passenger services correctly. 3. That the Post Office Depart- ment had not accepted a sufficient amount of car space for the mail service; in fact, the Railway Mail Service could not be operated upon the amount of car space with which the Post Office Department charged themselves. 4. That the proposed allowance Of pay merely to cover oper- ating expenses and taxes, plus 6 per cent., would omit all fixed charges and interest on the prop- erty investment. In other words, the position of the Department was that the mail service could be between the two parties in interest, performed without regard to cars, or rails, or roadbeds, or terminals, or any other fundamental railroad facilities which represent invest- ment of capital. The Railroad Loss The Officials of the Post Office Department have endeavored to sustain the position taken by former Postmaster General Hitch- cock, and have introduced new issues, such as the allegation that the railroads perform a Govern- mental function in carrying the mails, and should, therefore, earn less than a commercial rate. The case of the Post Office Depart- ment was summed up by the Second Assistant Postmaster General in a statement dated Jan- uary 16, 1914, addressed to the Congressional Committee above referred to. On February 26th the railroads, through their Committee on Rail- way Mail Pay, submitted the fol— lowing rejoinder, showing that by using more correct percentages the Department’s own figures would show an underpayment to the railroads of about $29,000,— 000 per annum. Calculations have been made on different bases showing loss to the railroads on this business ranging from $13,000,000 to $37,000,000, so that the railroads have felt entirely warranted in making the moderate claim that in 1909 the underpay was at least $15,000,000. K: # X- X: Since that time there has been a great growth in the mail tonnage; an entirely new business—the par- cel post—has been established, and it is, therefore, evident that a prompt and Satisfactory adjust- ment of this important question is demanded by every considera– tion of justice and right. The Railroad Rejoinder Mr. Ralph Peters, Chairman of the Committee on Rail- way Mail Pay, On February 26, 1914, Submitted to the Congressional Committee Despite the hearings and testimony be- fore the Joint Congressional Committee during the past year, the results of which have been published in the preliminary report and in volumes Nos. 1 to 6, inclu- sive, the Second Assistant Postmaster General in his brief of January 16th (Vol. No. 7) traverses the whole subject and still adheres to the old ratios, and conse- quently reaches results which are not, we submit, Supported by any rational analysis of the facts as brought out in the testi- mony. the Following Rejoinder : It has been shown that in the institu- tion of the inquiry, the results of which were published in House Document No. 105, as well as in the development of it and in the final statement of results, the officials of the Post Office Department showed a lack of acquaintance with the proper method of pursuing the inquiry, a lack of familiarity with the factors em- ployed and a lack of appreciation of the financial elements which had to be dealt with. It is also evident that there was a lack of knowledge on their part as to the origin of the inquiry. Although several Congressional Com- mittees have studied and reported upon the subject of railway mail pay, there was only one Commission which recommended that the pay be based upon the cost to the railroad company of performing the service and that the measure of such pay be the amount of car space devoted to the use of the mails. This was the Hubbard Commission, appointed by the President of the United States under the Act of July 12, 1876. This Commission made a very thorough investigation covering a period of almost two years. It Visited all of the principal cities, conferred with rail- road managers and other representative business men, and took a large amount of valuable testimony. Its reports, contained in Miscellaneous Document No. 20 of the Forty-fourth Congress, and Miscellaneous Document No. 14 of the Forty-fifth Con- gress, comprise over 700 pages of testi- mony. That Committee submitted, in tabular form, an estimate of the cost of performing the service per linear foot of train space, this being based upon detailed information obtained from 113 railroads, covering about 50 per cent. of the trans- portation service of the country. Two re- ports were submitted to Congress, on April 1 and April 5, 1878. The first, the minor- ity report, recommended “that the Post- master General shall once in every four years, or oftener, ascertain the average cost of running a linear foot of passenger train on the plan herein recommended and what percentage should be added thereto to give a fair profit to the railroads.” Congress did not enact legislation in compliance with the report of the Hub- bard Commission, but in the following year, March 3, 1879, passed the law re- quiring the Postmaster General to request all railroad companies carrying the mails to furnish under seal such data relating Such roads as was in his judgment neces- sary to enable him to ascertain the cost of mail transportation and the proper com- pensation to be paid for the same, and to report to Congress with such recommenda- tions, founded upon the information ob- tained, as would in his opinion be just and equitable. It was not until thirty years later—viz., on August 12, 1911—that the Post Office Department submitted the required re- port. This was subsequently published as House Document No. 105, which appeared in December, 1911. In the Hearings, Volume No. 1, of Jan- uary 28, 1913, page 28, the Second AS- sistant Postmaster General says: “I notice since I was speaking this afternoon my attention has been called to a memorandum which I made in 1907, when the matter came up in the department. This memorandum is ad- dressed to the Second Assistant Post- master General, signed by myself as Superintendent of the Division of Railway Adjustment, and contains ex- cerpts from the reports of previous Commissions who have studied the question, and all of whom have re- ported in favor of a space basis, and one recommends the basis for pay the Same as is recommended in Document No. 105, a fact of which I was not consciously aware. That is, they be- lieved the pay to the railroads should be the cost of the service and a fair per cent. Of that cost. They did not take into consideration this question of capitalization at all, and I do not notice that any of these Commissions have taken that into consideration.” Opinions in 1878 It is only necessary to turn over two pages (i. e., to page 32, Hearings No. 1) to consult one of the excerpts, this being a quotation from the minority report of the Hubbard Commission of 1878, to see that the question of capitalization was fully considered by the Hubbard Comº mission in the following paragraph: “That to give a fair compensation, 13 per cent. should be deducted for station and other expenses, and to the remainder 45 per cent. should be added to the expenses for profit. to operating, receipts and expenditures of These sums will yield on the average 6.2 mills per linear foot, or nearly the Same compensation according to the cost of service that the railroads re- ceive from the remaining business on the passenger trains.” This formula would produce an amount of railway mail pay equivalent to 126 per cent. Of the operating expenses. The majority report of the Hubbard Commission offered a different formula, although of the same general character, resulting in an amount of railway mail pay equal to 140 per cent. of the operating expenses. It is, therefore, perfectly clear that the Hubbard Commission made the first study of the cost system, as a basis for railway mail pay, and fully contemplated a fair return on the capital investment. It is unfortunate that the Post Office Depart- ment was not consciously aware of these important facts. The Incompleteness and the Inac- curacy of Document No. 105 The Post Office Department commenced preparations for this inquiry in the year 1906, and, therefore, were engaged upon it for five years, before Document No. 105 was published. The preliminary forms for ascertaining the daily conditions of service were prepared by the Post Office Department after many conferences with railroad officials, which helped greatly to- ward making these blank forms practi- cable to obtain the information sought. The forms and inquiries were sent to the railroad companies on September 28, 1909, to obtain the information for the month of November, 1909. Soon thereafter, Oc- tober 12, 1909, the railroads appointed the Committee on Railway Mail Pay, repre- senting 282 railroads with 208,000 miles of line, for the purpose of preventing mis- understanding relative to the method to be used in securing and tabulating the data, and to insure uniformity in the basis of compilation so that comparisons subsequently made would be trustworthy. It was learned by this Committee that the Department’s intention was simply to call for the information from comparatively few railroads. The Railroad Committee suggested to the Department that the in- quiry, to be valuable, should extend to all of the railroads. This suggestion was ac- cepted by the Department, but it rejected the offer for further co-operation during the progress of the work, and the Railroad Committee was, therefore, obliged to gather duplicate information as far as they were able in order to have some check upon the correctness of the returns in what they knew would prove a very in- tricate and complicated piece of work. In Hearings No. 7, page 988, it is said: “The period from midnight, Octo- ber 31, to midnight, November 30, 1909, was selected by the department for which the information should be furnished. Some companies, however, prepared their reports from records kept in the months of December, 1909, and January, 1910.” This omits to explain the reason why some of the companies submitted re- ports for December or January, instead of November, as specified by the Department. It was due to the fact that when the De- partment accepted the suggestion of the Railroad Committee that the inquiry be made general, the notifications sent out by the Department to the railway companies not already notified were received too late to make preparations to gather the current information for the month of November, and it was, therefore, necessary to gather it during either December or January. It should be understood that much of the information called for by the Department is not regularly compiled by the railroads in their routine of business. As a matter of fact, however, the great bulk of the data in Document No. 105 is for the month of November. November Not Typical The Second Assistant Postmaster Gen- eral, on page 5, Hearings No. 1, men- tions the month of November as hav- ing been considered a fair average for the year. - It might be suggested that as November includes two holidays—i. e., Election day and Thanksgiving day, as well as four Sundays — there are only twenty-four working days in the month, and it would ordinarily be considered in some respects a month rather below the average. On page 988, the fourth paragraph says: “Although the results obtained by the department have been assailed by the Railroad Companies’ Committee, they have nevertheless shown that it is possible to approximately divide the total operating expenses of the rail- roads between passenger and freight services, respectively.” This statement implies that Document No. 105 shows for the first time the pos- sibility of approximately dividing the total Operating expenses of the railroads be- tween the passenger and freight services, respectively. When it is pointed out in re- buttal that this division of expenses be- tween the freight and passenger services has been made by many of the railroads for a great many years it will be apparent that this is another important fact of which some of the officers of the Depart- ment have not been consciously aware. The Pennsylvania Railroad Company has made this division of expenses and pub- lished the results in its annual report since 1864—fifty years ago. The Atchison, To- peka and Santa Fé Railway Company has pursued its present method of dividing the expenses for over twelve years past. The Interstate Commerce Commission soon after its creation in 1887 adopted a rule which was contained in its book of instructions for the guidance of railway carriers in making their annual reports, which reads as follows: “All expenses which are naturally chargeable to either freight or passen- ger traffic should be entered in their respective columns; expenses which are traffic should be apportioned on a mileage basis, making the division as between freight and passenger traffic in the proportion which the freight and passenger train mileage bears to the total mileage of trains earning revenue.” This rule, however, was discontinued after 1893, because the Commission found that, generally speaking, not more than one-half the items of operating expenses could be assigned to the passenger service or to the freight service, and also because the average cost per ton per mile or per passenger per mile obtained by the basis of such computation was rarely used by the Commissioners in judging of fair rates. Dividing Freight and Passenger Expenses It should, therefore, be quite evident that the process of dividing expenses be- tween freight and passenger service has been employed for a great many years, and was even required by a rule of the Inter- state Commerce Commission over twenty- five years ago, and at that time the Inter- state Commerce Commission gave its coun- tenance to the method of dividing the com- mon expenses on the basis of the number of revenue train miles in either the pas- senger or freight Service. The same paragraph, page 988, con- tinues: “and, further, to ascertain the space relation between passenger proper, express, and mail services, and assign to these several classes the direct ex- penses and apportion the unassigned expenses upon the ratio of the space devoted to each of the three classes of Service.” It is plainly intimated in this statement that the Department has found it possible in Document No. 105 to assign to the pas- senger, express and mail services the direct expenses chargeable to each. It is only necessary to turn to page 280 of Docu- ment No. 105 and to note the fact that the Department in the grand total shows a total charge of railroad operating expenses not naturally chargeable to either and taxes against the mail service of $2,- 682,797 for the month of November, of which there was directly chargeable (see sixth column) only $21,993, or less than 1 per cent. The direct expense to the rail- roads of performing side and terminal service for the mails would alone be far greater than this direct charge which the Department credited to the railroads of the entire country. The following appears in the fifth para- graph, page 988: “Besides furnishing for the first time a reliable gauge by which to com- pare compensation paid railroads with the estimated cost to them of perform- ing service, crediting them with the full pro rata share of all operating ex- penses in which the mails participate, the inquiry has developed the fact that the present system of adjusting compensation for mail service results in a very unequal distribution of pay among the companies due to conditions which are not uniformly represented in a weight basis of pay.” Post Office Inaccuracies Whether a “reliable gauge” would have been developed if the inquiry had been properly made may be a subject for de- bate. But the omission of essential data, the incorrect treatment of other data, and the illogical conclusions arrived at, as dem- onstrated in the hearings, have destroyed its value and utterly preclude its accept- ance as a “reliable gauge.” The railroads have reasons to regret this fact, because they started in 1909 in a spirit of sincere co-operation with the Post Office Depart- ment, and notwithstanding the rejection of their offers of assistance, endeavored to make a satisfactory response, although this entailed an expense of approximately one- quarter of a million dollars, or fully ten times as much as the Post Office Depart- ment expended for the purpose. It will be remembered that the law of March 3, 1879, while mandatory upon Postmaster General Hitchcock and his predecessors, was not mandatory so far as the railroad carriers were concerned. Consequently, all of their action to assist in the deter- mination of this important question was voluntary. When the paragraph above cited at- tributes inequalities in pay to the weight basis, which discloses an impression that the important railroads are overpaid and the short lines are underpaid, it is per- tinent to inquire how it is that Table 7 of Document No. 105 displays a large number of the short-line roads as mak- ing a profit of several hundred per cent., and in some cases over 2,000 per cent. The Sharpsville Railroad Company, which has a mail revenue of $60.95 a month, is shown as making a profit of 2,182 per cent., and the Shreveport, Hous- ton and Gulf Railroad Company, which has a mail revenue of $32.06 a month, as making a profit of 2,918 per cent. It would seem to any prudent mind that if the work had been carried out intelli- gently such absurd deductions as those just cited would arouse suspicion in the minds of those supervising the work and lead to a verification for the discovery and correction of the errors. The fact that these illogical results were accepted and published is a convincing demonstra- tion that the officers of the Department were either unable for lack of time to study the results produced in the prosecu- tion of the work or else were not suffi- ciently familiar with the conditions of the service to appreciate the significance of such revelations. In the succeeding paragraphs on pages 988 and 989 it is stated that on the face of the data “properly checked and revised” it was shown that the railroad expenses chargeable to the mail service, plus 6 per cent., would have aggregated $9,000,000 less than the mail revenue re- ceived by the railroads from the Govern- ment, and then remarks that if Postmaster General Hitchcock had not made an un- fortunate inaccuracy of statement the overpay of the railroads would really have been stated as $10,531,792. The railroads have submitted testimony (notably in Vol. 5, pp. 732-734) of under- payment of at least $15,000,000 a year. A statement is annexed hereto (Exhibit “A”) showing that if the figures of Document No. 105 were worked out upon the correct ratios, there would be revealed an under- payment of $10,900,000 on the operating expenses and taxes alone without any al- lowance of 6 per cent. interest thereon, or any allowance for capital cost. If in- terest were allowed at 6 per cent. On the railroad property used in the performance of the mail service, the amount of under- payment would be increased to nearly $38,000,000 for the fiscal year 1910. The first chapter concludes, on page 989, with the following observations: “The conclusions reached in the doc- ument were assailed by the railroads on the following main grounds, namely: “That the $9,000,000 excess of rev- enue over expense does not take into consideration a return on value of property used; “That the department's division of total operating expenses between freight and passenger services was made in a manner resulting in too Small an apportionment of unassigned expenses to the passenger service, and consequently decreased the cost to the mail service; and “That the department did not charge to the mail service ‘dead space’ reported by the companies as having been run in connection with space used for the mails.” Summary Not Adequate This is far from being an adequate sum- mary of the objections which the railroads promptly pointed out in the make-up and conclusions of Document No. 105. In Volume 1 of the Hearings, page 65, is published a letter from Mr. J. Kruttsch- nitt, Chairman of the Committee on Rail- way Mail Pay, addressed to the Speaker of the House of Representatives, under date of December 20, 1911, a few days after Document No. 105 was published. This letter calls attention to House Document No. 105, and then makes the following “This report has been so recently made public that there has not been sufficient time for its detailed exami- nation and analysis, but such scrutiny as has already been possible dis- closes that the data submitted are in- complete, the figures distorted, the presentation unfair and the conclu- Sions illogical and unwarranted. Among other things, it is grossly un- just to the railroads in that: “1. Data submitted by the railroads at the request of the Post Office De- partment, which are essential to a com- plete understanding of the subject, have been withheld and suppressed. “2. The Postmaster General has arbitrarily transferred to the passen- ger service much of the so-called ‘dead’ space in mail cars, although this Space could not be utilized as passen- ger Space, thus improperly increasing the apparent car-foot miles of passen- ger Service and correspondingly de- creasing the car-foot miles of mail Servl(20. “3. The Postmaster General has ap- portioned expenses incurred for the joint purposes of the passenger and freight Services between these services in accordance with a method never ac- cepted by any one with practical ex- perience in railway accounting or op- eration. º “4. The Postmaster General has wholly overlooked the fact that a large part of the cost incurred by the rail- Ways in carrying the mails consists of interest on the capital they employ. By ignoring all capital expenses, con- fining his attention to mere operating Cost, and proposing to return to the railways only the amount of these op- erating costs, plus 6 per cent., he urges a method which if applied generally to all their business would render every railroad at once bankrupt.” It will thus be seen from the statement just quoted, as well as from the specifica- tions given several times in the hearings, that it was not merely some of the conclu- Sions that were criticised and assailed, but the integrity of the Document itself. Document No. 105 did not publish the items of revenue received by railroad com- panies from passenger or express business, So that Congress could make a compari- son between these and the revenue from mail transportation. There was no publi- cation of the expenses at railroad stations or of terminal service, or of personal trans- portation of officers and employes of the statements: Post Office Department, although this in- formation was furnished to the Postmaster General. Neither was there a statement of the full extent of the car space as originally reported by the railroad com- panies to the Postmaster General as being devoted to passenger, mail and express service. A certain portion of the mail space reported was characterized by the Post Office Department as “dead” space, but another portion was cast back into the passenger column without being recorded and published. The modification by the Post Office Department of the figures originally submitted, which the Depart- ment alludes to as “corrections,” and which the railroad representatives allude to as “distortions,” was made entirely upon the opinion of the Postal officials without consultation with the railroad companies and without sufficient regard to the actual facts or the operating con- ditions. The only allusion that is made in the above quotation to this serious charge of incomplete presentation and rearrange- ment of the figures contrary to their Original significance is contained in the third paragraph of his summary, where he indicates that the railroad companies complained “that the Department did not charge to the mail service ‘dead space’ reported by the companies as having been run in connection with space used for the mails.” Department Statement Not Correct This is not a correct statement at all. The railroad companies did not report any “dead space” whatsoever. If they had been called upon to report “dead space” in the mail service they should also have been called upon to report the so-called “dead space” in passenger service and express service, in which the proportion is greater. Statistics have been quoted to show that the average passenger car in operation car- ries only sixteen or seventeen passengers out of a total capacity for, perhaps, fifty passengers. Therefore, there would be about two-thirds of the passenger car Space that could be denominated “dead space” if such characterization were permissible in a statistical inquiry of this kind. So also in the express service: it is probable that one-half of the total car space assigned to the express service is not actually occu- pied by express matter and so could be described as “dead space.” It is not un- likely that the Second Assistant Post- master General and his colleagues were not consciously aware of this important fact when Document No. 105 was in course of preparation or when it was published. But the hearings of the past year before the Joint Congressional Committee have fur- nished useful illumination upon this phase of the subject, and it would be extremely gratifying if the Department in its brief of January 16, 1914, had shown a willing- ness to admit an error which is now ob- vious to every one. If it is possible that any doubts still re- main regarding this question, they should be dispelled by the diagram on the follow- ling page. 10 Diagram of a Typical Passenger Train As Reported by the Railroads Mail Express Passenger—80.01% 9.32% 10.67% | | | As Stated by Post Office Department in Document No. 105 Dead Mail Express Passenger–80.01% 2.69% 6.68% 10.62% As intimated above it is the belief that the Office Department undertook to do in Docu- proportion of unoccupied space in the passenger ment No. 105 for the mail service. service and express service is greater than is Using for the passenger and express services the unoccupied space in the mail Service on the same percentage of “dead” space which the passenger trains, but without making a full Post Office Department allotted to the mail claim in this respect, let us observe the effect service — 28.86% (2.69 + 9.32 = 28.86) — will of killing the same proportion of space in the show the apportionment of “live” and “dead” passenger and express services which the Post space to each class of service. Passenger Passenger Mail Express 56.92% 23.09% 6.68% 2.69% 7.54% 3.08% Live Dead Live Dead Live Dead If the space in the train is re-apportioned on bears to the total “live” space, the result will the basis which the “live” space in each class be seen in the following diagram: Mail Express Passenger–80.01% 9.39% 10.60% | | | It will be noted that, after apportioning the occupied by the mail is 9.39% as against whole train by the same method as that used by 6.68% allowed by the Post Office Department the Post Office Department in allotting “dead” and 9.32% reported by the railroads. space to the mail service, the per cent. of space This subject may be dismissed by quot- Department should have rejected the * * e ..~ + . dead space from the mails and put it ing the judgment of the Associate Statis- in the passenger service. It seems to tician of the Interstate Commerce Com- me that there they made a clear error.” mission, in Hearings, Vol. 3, page 514: e The Question of Underpayment “The Chairman: I would like to ask tº Mr. Lorenz his view as to the fairness in 1910 of elimination of credit for dead On pages 991-994, Hearings No. 7, space and the application of that, as a debit, to the passenger service, given certain statements are reviewed relat- the desideratum—being ascertainment ing to the claims of the railroads that º º instead of being overpaid $9,000,000 in tion for both. the year 1910, they were underpaid at º tºº least $15,000,000, and that part of this just as you cannot operate a freight result should come from an allowance of º * .. ; interest on the proportion of railroad prop- passenger service without hauling erty used in the mail service, which factor º, *. "..." ãº. had been overlooked in Document No. 105. and in comparing the various depart- Following this, on pages 994-996, there º ºf º is displayed a calculation which purports used and unused which is hauled in to ascertain the charge to the mail serv- :*.*.*.*.*.*.*.* ice by considering the application of op- this particular point the Post Öffice erating revenues to the payment of oper- 11 ating expenses and taxes, and all the other charges against income which must be paid out of operating revenues upon a commercial basis for the year 1910, in- cluding this comment: “Even upon this basis it completely disproves the contentions of the rail- roads that they were underpaid.” An examination of this statement (p. 994), headed “Operating revenues, and op- erating expenses and charges against in- come,” shows a number of discrepancies and erroneous assumptions. The most im- portant criticism affects the very basis of the calculation, namely, the use by the Post Office Department of its own ratio for the division of railroad operating ex- penses and the Post Office Department’s own ratio for the proportion of train space devoted to the mails, these being precisely the same as the Department employed in Document No. 105. This fact is disclosed on page 996, where it appears that the proportion of operating expenses and taxes assigned to passenger train service is 29.21 per cent., and the proportion of these ac- cepted by the Post Office Department as chargeable to the mail service on the space basis is 6.68 per cent. The first ratio, 29.21 per cent., rests upon the untenable assumption that it is the right or privilege of the Post Office Department to divide the entire train oper- ating expenses of all the railroads carrying the mails so as to determine what propor- tion should be assigned to the freight serv- ice and what proportion should be assigned to the passenger train Service. This as- sumption carries with it the implication that the officers of the Post Office Depart- ment are more competent to perform this difficult and technical division than the railroad officers whose lives have been de- voted to the study of the problem. How the Railroads Divide Expenses. The railroads in making the division of expenses for November, 1909, as between freight service and passenger service, fol- lowed the customary method of dividing the unassigned expenses in proportion to the revenue train miles in either service. This was the method approved by the In- terstate Commerce Commission for several years. The Post Office Department method used in Document No. 105, and again used in this calculation which we are consider- ing, is their own special method, devised for use in the preparation of Document . No. 105. The Post Office Department method assigns 29.21 per cent. of the total expenses to the passenger train service. The railroad method was not worked out by the Post Office Department and was not published in Document No. 105 in asso- ciation with its own results, so as to re- veal to Congress the difference between the two systems. A recent estimate from data originally obtained by the Committee on Railway Mail Pay would indicate that the railroad percentage for passenger train ex- penses in November, 1909, for 176,000 miles (approximately the same mileage as shown in Table 7, Document No. 105) would be about 34.42 per cent. The importance of the distinction will be appreciated when it is noted that if the difference between these two percentages (34.42 — 29.21 =) 5.21 is applied to the total operating expenses and taxes for the fiscal year 1910—viz., $1,926,426,134—it would make a difference in money of over $100,000,000 in the amount chargeable to passenger train Service. - The space ratio used by the Post Office Department in Table 7, Document No. 105, to determine its share of the pas- Senger train operating expenses and taxes was 6.68 per cent. This was lower than the mail space which they accepted on page 269—viz., 7.18 per cent. Further, it is shown in the same Document that 8.81 per cent. was reported, and there is reason to believe that the Department’s own fig- ures if correctly compiled would show that 8.96 per cent., or practically 9 per cent., 12 was reported. The Railroad Committee’s computation for 176,000 miles shows that 9.32 per cent. of the passenger-train space was devoted to the mails. It was disclosed in the hearings that the Post Office De- partment had thrown out a great deal of car space necessarily used in the operation of the mail service and considered it as “dead space” without making a similar computation for the same class of unoccu- pied space in the passenger or express Serv- ices. It is believed that everybody outside of the Post Office Department, and many within the Post Office Department, con- sider that this was a clear error, and it is, therefore, difficult to understand the men- tal viewpoint of the Second Assistant Post- master General when he again uses this ratio of 6.68 per cent. with no explanation whatever. How the Post Office Figures Mislead The difference between the two sets of ratios when applied to the income account on pages 994-996 is as follows: Railroad ratio Post Office Depart- ment ratio 34.42% X 9.32% = 3.21% 29.21% × 6.68% = 1.95% Without assuming any responsibility, of course, for the first large amount quoted on page 996—viz., $599,635,450—we will show that by merely substituting the rail- roads’ percentages for those used by the Department, the result will be an under- payment of over $29,000,000 instead of an overpayment of $1,616,532. Illustration No. 1.—Using Railroad Per- centage for Passenger-Train Expenses and Railroad Percentage for Mail-Car Space (quotation from page 996, revised, as ex- plained): “According to Table 7, Document No. total, and those apportioned to the 9.32 mails were 6468 per cent. of the 34.42 passenger Service; -29:24 per cent. $206,394,522, of $599,635,450 is -$4+5++5.3+5.45, 9.32 and 6+68 per cent. of this is the amount above operating expenses and taxes which may be charged to the mails if they are to par- ticipate in all these charges and at the pro rata based on Docu- - $19,235,969 ment No. 1 -####60-255 Table 7 shows-49;689:797 as the op- erating expenses and taxes charged to the mail service for November, 1909. This raised to 105, the operating expenses and taxes apportioned to the passenger 34.42 8.5 service were-99-91 per cent. of the 52,878,036 the amount for a year is However, Table 7 represents only 175,922 miles of railroad mail routes, the total of which is 220,730 miles. It is therefore necessary to ascer- tain approximately the operating expenses and taxes for the omitted mileage. Table 7 shows $137,355,150 as the total operating expenses and taxes for November, 1909. This raised to the amount for a year is $1,648,261,- 800. But Table 7 does not repre- Sent the full mileage of mail routes, and the full mileage of mail routes is less than the total railroad mile- age represented in the total railroad operating expenses, as stated par- ticularly above. Subtracting the $1,648,261,800 from the total operating expenses and taxes for all railroads of $1,- 13 926,426,134 leaves $278,164,334 as the operating expenses and taxes for all other miles of lines of railroads, 63,524 miles. By the tabulation of railroads on which there is no mail service, as above mentioned, their mileage was found to be 2,011 and their operat- ing expenses $11,368,027. These subtracted, respectively, from 63,524 miles and $278,164,334, leaves 61,513 miles and $266,796,307. This last-named amount, however, includes the 44,808 miles of mail routes not represented in Table 7, and in addition the difference be- tween 44,808 and 61,513, on which no mails were carried. Therefore, it is necessary to ascertain the pro- portion represented by mail lines. Dividing $266,796,307 by 61,513 and multiplying the quotient by 44,808 gives $194,332,296 as approximately representing the lines of railroad on which mails were carried. 34.42 –29.21 per cent. of $194,332,296 gives the passenger proportion, and ºft per cent. Of the passen- - 6,233,071 ger gives, as the share to the mails This makes a total chargeable to the mail service on the basis followed $78,347,076 The total revenue received by the railroads for the fiscal year 1910, as shown by the report of the Sec- ond Assistant Postmaster General (p. 15, ‘Transportation and rail- way post office cars combined'), WaS . . . . . . . . . . . . . . . . . . . . . . . . . . . 49,302,217 e a deficit below Being an—excess—over the appor- - $29,044,859 tioned cost of . . . . . . . . . . . . . . . . –$1,616,532? We thus find that the use of the rail- road factors show a deficit of $29,044,859 instead of the excess of $1,616,532 claimed by the Post Office Department. It will be interesting to observe what the effect would be of reworking this same cal- culation by using mixed factors, those of the railroads and those of the Post Office Department, in conjunction with each other. Illustration No. 2.-If the statement on page 996 were revised by using the Post Office Department percentage for pas- senger-train cost, 29.21, with the railroad percentage for mail-car space, 9.32, the last line would be restated as follows: a deficit below Being -an—excess—over the appor- $17,229,305 tioned cost of . . . . . . . . . . . . . . . . . —$1,616,532 Here again we find that the result is a disclosure of a deficit of $17,229,305 in- stead of an excess of $1,616,532, estimated by the Post Office Department. A further illustration may now be brought forward to reveal the result of reworking the calculation on the basis of using the railroad percentage for pas- senger train expenses with the Post Office Department percentage for mail-car space. Illustration No. 3.−If the statement on page 996 were revised by using the rail- road percentage for passenger-train ex- penses, 34.42, with the Post Office Depart- ment percentage for mail-car space, 6.68, the last line would be restated as follows: & a deficit below Being —an—excess—over the appor- $6,852,841 tioned cost of . . . . . . . . . . . . . . . . . . 14 To recapitulate the several illustrations in comparison with the original statement of the Post Office Department: Original statement by Post Office Department, page 996, using Post Office Department percentage for dividing train expenses and Post Office Department percentage for mail car space, Excess . . . . . . . . . . . . . . . . . . . . . . $1,616,532 Illustration No. 1, using railroad percentages for both factors, Deficit . . . . . . . . . . . . . . . . . . . . . . 29,044,859 Illustration No. 2, experimental use of Post Office Department per- centage for train expenses in con- junction with railroad percentage for mail car space, Deficit . . . . . . . . . . . . . . . . . . . . . . Illustration No. 3, using railroad percentage for dividing train ex- penses and experimental use of Post Office Department percent- age for mail car space, Deficit 17,229,305 6,852,841 * * * * * * * * * * * * * g e g º e g g g & Two Important Factors 1. The correct ratio in the division of rail- road operating expenses; and 2. The correct percentage of car space to be charged against the postal service— are of Supreme consequence in arriving at a correct conclusion as to underpay or Overpay from the statistics obtained for November, 1909, for the inquiry, the re- Sults of which were imperfectly published in Document No. 105. It is believed that the demonstration offered by the railroads in regard to the proportion of car space chargeable to the postal service is abso- lutely unassailable. Post Office Department Handicapped It is further believed that no one would Seriously contend that the officers of the Post Office Department, even though fully competent to understand and apply the statistics of postal business to postal opera- tions, would from that fact be equally com- petent to render similar service in the field of railroad statistics and railroad opera- tions, with which they must in the nature of things be entirely unacquainted. Yet, if the officials of the Post Office Depart- ment had shown marked and unusual ability in dealing with and applying postal statistics, they would have at least demon- strated qualifications worthy of respect, although even then their unfamiliarity with the railroad field of investigation might prove a fatal handicap. Our attention has been called to an earnest effort made by the Post Office De- partment in the year 1911 to explain for the benefit of the Hughes Commission the proportion of postal expenditures charge- able against Second-class mail matter. This Commission, it will be remembered, was appointed by President Taft in re- sponse to an Act of Congress, and con- sisted of the Hon. Chas. E. Hughes, As- sociate Judge of the Supreme Court of the United States, Mr. A. Lawrence Lowell, President of Harvard University, and Mr. H. A. Wheeler, President of the Associa- tion of Commerce of the City of Chicago. The Hughes Commission in its report of February 2, 1912, under the head of “General Post Office Service,” discusses in detail the futile efforts of the Post Office Department to make a satisfactory apportionment of the expenses of the “General Post Office Service.” It appears that the original statements submitted by the Department to the Commission were revised again and again to meet the re- peated criticisms directed against them, with the final result that the distinguished Commission entirely rejected the great item of “General Post Office Service” ex- penses amounting to over $80,000,000 a year, or 40 per cent. of the entire postal expenditures at that time, because it could not satisfy itself that the estimates were trustworthy. This incident is not referred to for the purpose of discrediting the en- terprise or industry of the postal officials. It is quite likely that, remembering the difficulties of their task, they performed a relatively creditable piece of work, but it may be fairly contended that when they found that their efforts in their own fa- 15 miliar field were not sufficiently con- Vincing to satisfy the Hughes Commission, they would have been justified in enter- taining some doubt in regard to the pro- priety of urging that their estimate of the proper division of railroad expenses should Supersede the estimates of experienced railroad officials and railroad accountants. Department “Surplus ” Becomes a “Deficit ’’ It may not be deemed offensive, since it is a matter of public record, to point out that this statistical uncertainty in the Post Office Department extends to postal subjects of more fundamental importance than the assignment of a proportion of expenses to second-class mail matter. Only recently the announcement of one admin- istration regarding a surplus existing at the end of the fiscal year was revised by the succeeding administration, so that a deficit was made to appear for the same year. We, therefore, see no good reason for modifying or reducing our claim that the railroads carrying the mails in 1909 were underpaid at least $15,000,000, and we note with sincere approval a substantial concurrence in this opinion as expressed after careful investigation by Messrs. Lorenz and Turner in their very able re- view of the Hearings published in Volume No. 6. Shall the Gauge of Railroad Mail Pay Be a Strictly Commercial Rate P On pages 998-1001 there is allusion to certain advantages which it is claimed that the railroads enjoy in carrying the United States mails from the intrinsic character of the traffic, from the incidental benefits of participating in a national mail service, and from the principle of public utility. As regards the intrinsic character of the mail traffic, it seems hardly necessary to discuss the “certainty, constancy, and homogeneity of traffic.” The testimony submitted to the Joint Congressional Com- mittee abounds in disclosures of the vary- ing quantity of mail presented for ship- ment, the difference in the volume out- bound as compared with inbound, the necessity for providing at all times for maximum conditions, and a failure sub- jecting the railway carrier to fines. With particular reference to “homogeneity,” a great deal might be said to the contrary, even as regards the conditions as existing previous to January 1, 1913, but since that date the parcel post has been established with the widest possible diversity in the character of the traffic, including the bulky, the perishable and the most fragile character of manufactures and products. The certainty and regularity of payment is not distinguishable in comparison with the ordinary commercial transactions of the railroads. In fact, the payments are so largely within the discretion of the Postmaster General as to amounts through the “not-exceeding” clause in the law, are so subject to fines and deductions, and subject to so much deliberation and verifi- cation before settlement as to be in marked contrast with payments received for pas- senger and freight business which are prac- tically simultaneous with the transaction. As regards the protection of mail trains, the principle of public utility and sugges- tions incident thereto, we quote from the summing up of the Committee on Railway Mail Pay to the Joint Congressional Com- mittee, under date of June 26, 1913, Vol- ume No. 5, page 730: “Some general ideas advanced from time to time during the hearings call for a few words in conclusion. “One of these ideas is that the mail service, being a governmental function, ought to be performed for less than what would be a reasonable compen- sation for a similar service performed for persons other than the Govern- ment. The first observation on this idea is that no such principle is ap- plied to anybody else. Any individual who works for the Government is paid for his Services, and in a great many instances he is paid more than he would be paid if he were performing similar service for a private employer. 16 Again, it is a fundamental principle of the Constitutions, both Federal and State, that property shall not be taken for public use without just compensa- tion. If a tract of land is condemned in order to obtain a site for a post office, the owner is entitled to the fair value of the land, notwithstanding the fact that it is to be used to promote the postal service. It is also a well- founded constitutional principle that to take the use of property without just compensation is the same as tak- ing the property itself without just compensation. The Government could not appropriate the entire use of a rail- way to governmental service without making a fair compensation therefor; and likewise there is no basis for its appropriating a part of the use of a railway to the governmental service without making a fair compensation therefor. Again, in addition to these controlling constitutional principles, there can be no justifiable political or economic basis for the idea that the people who use the mails shall do so at the expense of the passengers and ship- pers who use the railways; and in the last analysis any inadequacy in the compensation made to the railways by the Government for the carriage of the mails must be made up by the railways in the charges imposed upon shippers of freight and upon passengers. This observation becomes even more obvious in connection with the recently estab- lished parcel post, which is princi- pally used by merchants in the conduct of their ordinary business. Why should the man who ships by freight pay for the transportation service of the other man who ships by parcel post? There may be plausible argun.ents for a plan of taxing the entire people through the ordinary forms of governmental taxa- tion in order to provide for the trans- portation by the Government of letters at less than cost; but there can be no pretext for compelling individuals who use transportation in other forms to pay for transportation for letters. “Another of these ideas is that the railway transportation of mail is a mere incident or by-product, and on that ground 113t entitled to full com- pensation. (ertainly the passenger service as a whole is not a mere inci- dent or a by product and as a whole ought to yield, as far as possible, an adequate counpensation for the prop- erty de 0ted to that use and for the services performed in that use. Yet there is no part of the passenger serv- ice which is of greater importance to the gei.eral public than the mail Serv- ice There is no part of the passenger service which imposes greater demands ul', the railways for speed and cer- a uty of operation of their passenger I rains than is imposed by the mail service. Certainly a service which is of such paramount importance to the public, and of such an exacting and costly nature from the standpoint of the railway, cannot in any proper sense be regarded as a mere incident or by-product. “Another way in which the idea here discussed is sometimes suggested is that if we assume that the railways did not carry the mail, the railway cost would be but little less than it is at present. Such an assumption is utterly inconsistent with the existence of the Post Office Department under present conditions. The railroads could exist without the postal service, but the postal service could not exist, in any modern sense of the term, with- out the railways. An assumption which is thus inconsistent with the very nature of the Post Office Depart- ment ought not to be indulged for the purpose of depriving the railways of a just compensation for carrying the mails. “The further idea has been advanced that on account of carrying the mails the railways enjoy the power of emi- nent domain and the protection of the Government in case of strikes, and that therefore they should carry the mail for less than what would be a full compensation therefor. The same rea- Sons would apply equally to all other carrying functions of the railways. They enjoy the power of eminent do- main because they are common carriers of passengers and freight, and they enjoy the protection of the Federal Government because they are instru- mentalities of commerce among the States. If these are reasons for their being paid less than full compensation for their services, the reduction of com- pensation cannot be restricted to the mails. If the power of eminent do- main and the governmental protection operated as an excuse for giving the railways less than just compensation, then there would be no inducement whatever for anybody to invest his capital in the construction and opera- tion of railways. “The railways owe to the public and to every member of the public the duty to transport all passengers and all commodities seeking their services ef- ficiently and safely and at just and reasonable rates. This is the highest of obligations, and the sum of their obligations to the individual members of the public is their obligation to the Government. They owe no obligation to the State which is separate or apart from, or independent of, or inconsist- ent with their obligations to individual applicants for their services. They can have no obligation to the people's Government which could require them, except when necessary to the public defense, to discriminate in rates in favor of traffic offered by the Govern- 17 ment when, in order to offset such un- necessary discrimination, they would be compelled to collect higher charges from some members of the public and upon other traffic. Words better adapted to the assertion of this prin- ciple could not be chosen than those used to express it by the Joint Com- mission to investigate the Postal Serv- ice which reported in 1901. We quote: “‘It seems to the Commission that not only justice and good conscience, but also the efficiency of the postal Service and the best interests of the country demand that the railway mail pay shall be so clearly fair and rea- sonable that while on the one hand the Government shall receive a full quid pro quo for its expenditures and the public treasury be not subjected to an improper drain upon its funds, yet on the other hand the Railway Mail Serv- ice shall bear its due proportion of the expenses incurred by the railroads in the maintenance of their organiza- tion and business, as well as in the op- eration of their mail trains.” (S. Doc. No. 89, 56th Cong., 2d Sess., p. 10.)” Cost of Service as a Guide in Deter- mining Fairness of Rate Under Commercial Principle To the remarks which are made under this head (page 1005), a very brief re- sponse will suffice. It has not been ques- tioned that under suitable circumstances an approximate ascertainment of cost may be arrived at to serve as a useful guide to measure relative efficiency, to regulate expenditures, and to some de- gree establish approximately the rate be- low which unmistakable loss would ensue. The limitations and imperfections of the question in the present stage of the science of railroad statistics are suggested in the following quotations. The letter from the Committee on Rail- way Mail Pay addressed to the Hon. Jona- than Bourne, Jr., Chairman of the Joint Congressional Committee, under date of October 3, 1912, Preliminary Report, page 8, contains the following: “The ascertainment of the cost to a railroad of conducting the mail serv- ice is necessarily very largely a matter of judgment and opinion, because a large proportion of the total operating expenses are expenses common to the freight and passenger traffic and can only be approximately apportioned, and there are various formulas exist- ing for such apportionment. It would not be right or proper to intrust to the Post Office Department the discretion of selecting the formulas by which to ascertain these costs, because the Post Office Department has an obvious in- terest at stake, its object always being to reduce the railroad pay to a mini- IIllllll. “The estimated cost of a specific Service is not a proper basis for fixing rates for transportation of any com- modity. The railroads are entitled to receive a full and fair return for the value of the service performed, and the ascertainment of cost of such serv- ice is principally of value as a protec- tion against the establishment of con- fiscatory rates.” The following quotations from Dr. Lor- enz's statement in Hearings, No. 6, page 860, are also pertinent: “A strong objection is that the cost is to be ascertained separately for each road and made the sole criterion of the rate on that road. Cost is an im- portant guide to what is a reasonable rate, as will be discussed more fully later, but as a matter of principle it would be wrong to pay every road ac- cording to cost, because this would be rewarding inefficiency or extravagance and penalizing efficiency.” Page 878: “While cost may not be capable of that exact ascertainment which en- ables us to make it the sole determi- nant factor on which to base the rate of pay for each road, the usefulness of a cost estimate seems clear if used merely as a general guide to help us to decide whether the fifty-odd millions which the railroads receive from the Post Office Department constitutes an excessive payment or not.” Page 892: “Let it be understood that in view of the undeveloped state of railroad cost accounting, we can hardly con- sider the cost data submitted as giv- ing a persuasive and definite answer to what is a fair rate. But they tend to Support the conclusion to be derived from a study of the average car-mile earnings in passenger trains.” The Charge of Space to the Mail Service Under this caption, on pages 1013- 1017, there is a discussion of the changes made by the Department in preparing the information contained in Document No. 105 as to the mail space reported by the 18 railroad companies as having been actu- ally operated, and says, on page 1014: “All arguments, therefore, based upon any assumed concession of the Post Office Department that the un- checked space as reported by the rail- road companies for mails were correct must fall.” Throughout the discussion frequent al- lusions are made to mail-car space oper- ated by the railroad company “for its own convenience” whenever the rules for the acceptance of mail-car space fail to take cognizance of the operating condi- tions. In other words, the space which the Department considered to be beyond its immediate necessities was necessarily op- erated in order to supply the space which the Department admitted it needed. For example, if a 60-foot car is needed West- bound and the Department believes that it needs only 30 feet Eastbound, it is manifest that the railroad company must return the 60 feet of space Eastbound in Order to supply it to the Department for the next trip Westbound. This phase of the matter has been very carefully covered above in the discussion of so-called “dead space,” setting forth the illogical treat- ment of the subject by the Department in Document No. 105. On pages 1015-1016 there is a quota- tion of the Post Office Department rules which were issued for the purpose of tabulating the information as to car space for Document No. 105. It should be pointed out that in this list of rules there is no recognition whatever of mail storage cars, although these are a a very important part of the postal equip- ment and constituted over 10 per cent. of the car-foot miles tabulated in Document No. 105. Under the head of “Closed-pouch space” (p. 1015), the rule described will be found to allow 50 inches of linear space for 1,000 pounds of mail. Now, a 60-foot car would contain 720 inches, and according to the rule just quoted would carry 14,400 pounds of mail. This is a high average load for a storage car to carry in actual practice, and this means a car in which the entire space is devoted to the mails and the mails are loaded to the full capacity of the car. On the contrary, the closed- pouch service is the retail phase of mail transportation, consisting usually of a few pouches or sacks in the baggage apart- ment, and is entitled to be measured on the retail principle rather than on the wholesale principle. The Department’s rule bore very heavily and unjustly on the short-line railroads, and was probably a strong influence in enabling the Depart- ment to reach the conclusion that some of these poorly paid short railroads were really earning over 2,000 per cent. profit on their present mail revenue. Yet, in spite of all this, on page 1016, it is said: “That for closed-pouch service lib- eral allowance of space was made.” Apartment-Car Space On page 1016 this appears: “That the full amount of space authorized in apartment cars was al- lowed.” The fact is that apartment-car space is not “authorized” by the Department in the sense that that term is really employed. Inasmuch as the companies are not paid for the space occupied, it would be natural to suppose that they would furnish as little of it to the Department as they could. On the contrary, the demands of the De- partment for the same reason would tend to exceed its necessities. The fact that the Department’s standard plans for mail apartments call for apartments of 6 feet, 8 feet, 10 feet, 12 feet, 15 feet, 20 feet, 25 feet and 30 feet would require a railroad company to keep a large assortment of different size mail apartments if it under- took to meet precisely the current needs of the postal service and also the changing sizes required by the increased volume of 19 mail from year to year. It is a simple and inexpensive proceeding for the Department to indicate that it needs a mail apartment 5 feet larger or 5 feet smaller than the railroad company has in stock, especially when it is not required by law to pay for the space or to pay for the alteration. But to the railroad company it means recon- structing the interior of the car, chang- ing the dimensions of the postal furniture and probably the framing of the car to accommodate the changed location of the doors and windows. This entails a con- siderable outlay, and has created the policy on many roads of providing mail apart- ments of such length and with such in- terior facilities as will fully care for the postal business on the maximum day and the heaviest period of the year, with per- haps some consideration of growth in the near future. The Department in its cur- rent practice seems to be oblivious of these facts, and instances can be quoted where the railway mail service demands a 12- foot apartment in one direction and a 20- foot apartment in the other on one set of trains, and 6 feet in one direction and 10 feet in the other on another set of trains. These are only illustrations of numerous variations of this sort. Inasmuch as there has never been spe- cific pay for mail apartment-car space, and therefore, since the interest of every rail- road company would be to provide barely what the postal service absolutely needed, only modified by the unavoidable and con- trolling operating conditions, it does not seem necessary to argue further that a full allowance for all apartment-car space re- ported by the railroad should have been made in Document No. 105. Full Railway Post Office Cars In this case the Post Office Department came nearest to recognizing the actual Con- ditions, but even here, by ignoring the necessity for uniform standards, disallow- ances of car space were made. On pages 1016–1017 it is said: “If the company chose for its own convenience to run cars of a greater length than those authorized, certainly the Department should not be charged with the excess space.” A full response to this fallacious doc- trine has already been made. In current practice the Department’s rules for pay- ment for full R. P. O. cars are at variance with each other. In Document No. 105 the Department undertook in the case of full R. P. O. cars to credit the company with the full space for the round-trip movement according to the authorization in the heavy direction, but in the actual operation of the service this is not done. By referring to Section 1334, Postal Laws and Regulations, paragraph C, the De- partment’s rule prescribes: “Where the needs of the postal serv- ice require 40 feet of car space for railway post office purposes in one di- rection, but less than 40 feet in the op- posite direction, a line of 40-foot cars may be authorized.” This rule clearly recognizes the justice of paying for the round trip in accordance with the authorization in the heaviest direction. On the contrary, many cases can be cited where a 60-foot authorization in the heavy direction is matched by a 40-foot authorization in the reverse direc- tion. Another rule of the Department, Sec- tion 1334, paragraph F, shows an entire lack of perception of the equities involved. This prescribes: “Where a line of 60-foot cars is authorized and paid for, and the needs of the service require additional space but do not warrant the authorization of an additional line of 40-foot cars, the railroad company may be required to furnish apartment space.” This would mean that the railroad com- pany must operate an additional car in Order to supply the mail-apartment car as a tender to the full R. P. O. car without any additional pay, notwithstanding the fact that the company itself has no use for the Space in the extra car not occupied by the mail apartment, and would prob- ably be obliged to return this car dead- 20 head in the opposite direction. It is un- derstood that heavy fines have been im- posed upon companies which showed a dis- inclination to submit to this condition. Mail Storage Cars These cars, constituting an important part of the mail-car space reported in Document No. 105, are not mentioned specifically as having been treated in ac- cordance with a precise rule of procedure. It is almost invariably the case that these cars are returned empty in the light direc- tion. A large amount of such space abso- lutely necessary under operating condi- tions was disallowed by the Post Office De- partment, and the impropriety of the De- partment’s action has already been fully described in the discussion of so-called “dead space,” but is again alluded to here because of there being no mention of these cars either in the rules quoted by the De- partment on pages 1015-1016 or in the discussion which is devoted to the Subject. However, the Department concludes, on page 1017: “Notwithstanding this liberality of the Department in crediting space, the results obtained by the Post Office Department and those obtained by the Railroad Mail Pay Committee varied considerably, as hereinbefore men- tioned.” Annual Weighings, Side and Ter- minal Service, and Apartment Cars Annual Weighings We quote from page 1018, fourth para- graph : “. if the rate fixed on a quad- rennial weighing is not adequate to compensate for service for the four- year term, there would be merit in the railroads' contention. However, it has been shown hereinbefore that on the basis of Document No. 105 and an ad- ditional liberal charge against the mail service for participation in pay- ments of dividends, interest on funded debt, etc., the aggregate annual pay- ment to the railroads in 1910 exceeded the apportioned cost.” As the railroads have plainly demon- strated that they were heavily underpaid for carrying the mails in 1910, it is evi- dent that a more frequent weighing in connection with a constantly growing traffic is a decidedly appropriate method in conjunction with other reforms of rem- edying the inadequacy. Dr. Lorenz, in Volume No. 6, page 868, estimates, on figures furnished by the Post Office Department, that an annual weigh- ing would result in additional pay to the railroad companies of $3,255,000 for the additional work performed, although in this he takes no account of the fact that the ton-mile rate would decline with the increased weight. The law of 1873 re- quired that the mails be weighed not less frequently than every four years, and left the discretion of more frequent weighings to the Postmaster General. For many years following the passage of that law it was the practice of the Department to take the weights every four years on the side lines where the mail tons were light, and every year or two on the heavy lines where increased growth was more noticeable and burdensome. In recent years, however, the Department has changed the practice, and as a rule has taken the weights only every fourth year. It is a well-known fact that the tonnage increases constantly, and it is merely a business-like proposal to ask that the ad- justment of the account be made more fre- quently than every four years, especially since the introduction of the parcel post. As a case in point; the present Post- master General has announced officially that he expects the parcel-post traffic next year to amount to 600,000,000 parcels, of which a large proportion will undoubtedly be transported by the railroads. If the conditions were reversed and these par- cels were withdrawn from the mails, and the Postmaster General failed to order a weighing to protect the interest of the Government, he would certainly be subject to severe criticism. 21 Side and Terminal Service On pages 1018–1019 it is argued that the delivery of the mails to and from the post offices by the railroad companies is not a subject for relief, because Docu- ment No. 105 has shown that the rail- roads are already overpaid. The railroad testimony, to the contrary, disposes of this idea. In addition to this, it has been uniformly held by all Commissions, Congressional and otherwise, that have studied the Sub- ject of mail transportation that the rail- roads should be relieved of this service, and many of the Postmasters General and other postal officers have expressed opin- ions to the same effect. There is a small concession to this opinion on page 1035: “. . some changes should be made regarding side and terminal Serv- ice so as to relieve short lines with small pay, supplying a number of post offices along their route, from expense disproportionate to the revenue re- ceived.” Apartment Cars On pages 1019-1020 the denial of al- lowance of pay for mail-apartment cars rests on the repeated contention that the railroads were overpaid in 1909. The testimony of the railroads entirely re- futing the conclusions of Document No. 105, have, of course, withdrawn all sup- port to this claim. In the letter of former Postmaster Gen- eral Hitchcock, of August 12, 1911, trans- mitting the report that was subsequently printed as Document No. 105, the follow- ing is contained: “No additional compensation is al- lowed for space for distribution pur- poses occupying less than 40 feet of the car length. This distinction is a purely arbitrary one and without any logical reason for its existence. It affords a striking example of the un- scientific and unbusiness-like methods now followed in adjusting railway mail pay.” Notwithstanding this opinion, the statement on page 1026 throws doubt upon it by Suggesting that: “As a matter of fact there is a rea- son in the conditions of the service which no doubt led Congress in 1873, when that law was framed, to omit a specific rate for apartment cars, and I believe this fact to be that apartment car space is invariably furnished the department in a baggage or other car which is run in the train for the rail- road's own purposes.” A further study of the subject is con- Vincing that Mr. Hitchcock’s remarks are true as relating to the existing conditions of the year 1914 as distin- guished from the conditions in 1873— 41 years ago. The rates prescribed in the law of 1873 were much higher than the now existing rates, and can be said to have made fair provision for mail-apartment car space on the then existing frequency of six round trips a week. The great in- crease in the frequency of mail-apartment car service since that time would make the Original rates inadequate to-day. While it may be true in some cases that the mail apartment occupies a portion of a car which the railroad would neverthe- less run for its other traffic, there are many cases where the car would not be run at all except to provide the mail apart- ment for the postal service which neces- sarily involves the operation of an addi- tional car in the train. In regard to the last three items—i. e., “Annual Weighings,” “Side and Terminal Service,” and “Apartment Cars”—the main contention of the Department is that no specific remedial measures are needed because the gross amount of railroad mail pay according to the conclusions reached in Document No. 105 indicated that the railroads were overpaid. It is hardly necessary to repeat that that conclusion is dependent upon the use of the Post Office Department percentages for division of train expenses and for proportion of mail- car space which have been thoroughly dis- cussed and disposed of. 22 The Law of March 2, 1907, and Post- master General’s Order No. 412 of June 7, 1907 It is perhaps unnecessary to make any lengthy response to the remarks under this heading, which appear on pages 1020-1025, except to express the belief so far as the Act of March 2, 1907, is concerned that the action of Congress at that time in re- ducing the rates for mail transportation and for R. P. O. cars was not justified by the then existing conditions, and if an investigation had been held it is not likely that Congress would have taken such ac- tion. The “Divisor” Order of the Postmaster General, under date of June 7, 1907, has already been submitted to judicial review, with the result that the Court of Claims has decided in favor of the railroads. The discussion by the Second Assistant Postmaster General is largely on the mathematical phases of the question, and there is one phrase in italics on page 1023 which is almost as imperfect as any of the mathematical practices described in Document No. 105. This is where, in describing the process of dividing the total weight for the weighing period which is customarily for 105 days by the total num- ber of days in the weighing period (105), it is asserted that this would produce an “exact mathematical average for every day in the year of 365 days.” It hardly seems necessary to point out that the only way to obtain such a result would be to weigh the mails for 365 days. Conclusion The remainder of the Department’s statement deals in a descriptive way with the various plans of adjusting rail- way mail pay and states its objections to them, and will not be taken up for analytical consideration and criticism. The Committee on Railway Mail Pay having studied this question for several years past in connection with the inquiry of November, 1909, and having had considerable experience in dealing with transportation problems, have been able, in a professional spirit, to appreciate the natural genius exhibited by those who constructed the scale of rates contained in the law of 1873. It would have been a source of satisfac- tion to have read a more appreciative and a more extensive description of the basic merits of the law of 1873 than is contained in Volume 7 on pages 1025 and 1026. The law was admirably adapted to the conditions as they existed in 1873, with the exception that the full R. P. O. cars which had then been recently intro- duced were not accorded an adequate rate of pay. However, this affected relatively only a small percentage of the total amount of pay at that time. Since 1873 the conditions of service have greatly changed; the volume of tonnage transported has increased enormously, and this has probably been the cause of the suc- cessive reductions in the scale of pay by Congressional and Departmental action. On the other hand, the increased frequency in mail-train service and the great de- velopment in the distribution of mails en route, with corresponding increase in fa- cilities provided by the railroads, have not been fairly considered in conjunction with the increased tonnage. Notwithstanding this, the intrinsic merit of the weight scale as set forth in the law of 1873 is by all means the best and most secure foundation for the ad- justment of rates both for the Government and for the railroads. The statement made on page 1034, reading: “The Railroads' Committee offered no constructive plan aside from pro- posals for certain changes in existing legislation,” might be thought to convey the inference that the recommendations of the Com- mittee on Railway Mail Pay were lacking in affirmative proposals through insuf- 23 ficient study of the subject or through dis- regard of the conclusions arrived at by others who have investigated the subject, some of whom have proposed that space rather than weight should be the measure of the pay to be allowed. Any such inference would do serious in- justice to the earnest consideration that has been given to this subject by those on the railroad side who have had the priv- ilege of studying it. The Committee on Railway Mail Pay selected and recom- mended those features of amendment which are most important to be dealt with in order to correct the inequalities which have arisen either through successive hori- zontal reductions in pay or through changes in the conditions of the Service. These recommendations, as submitted on October 3, 1912, in a letter to the Chairman, were as follows: 1. For the repeal of the act of March 2, 1907. 2. For annual weighings and a definite and just method for ascertaining daily average weights. 3. For pay for apartment cars on some basis that will compensate for the service. 4. For a fair allowance to the railroads for side and terminal messenger service which they perform for the Post Office Department ac- cording to the value of this service to the Post Office Department. w 5. That all rates of pay should be definite and not subject to the discretion of the officers of the Post Office Department. The Railroad Committee throughout its existence has not failed to give the most thorough consideration to the proposal that space rather than weight be made the measure of the service rendered, but is absolutely convinced by its consideration of the subject that any such plan would be dangerous to the Government and un- Satisfactory to the railroads, principally because of the large amount of discretion the adjustment would leave to the officers of the Department. This conclusion is not inconsistent with the deepest faith in the honesty of the Departmental officers, but, recognizes the disadvantages of their posi- tion under our political form of Govern- ment and the opportunities which would present themselves for serious irregu- larities. The growth of the republic has brought about a vast concentration of public busi- ness at the national capital, and while it is the expectation that when discretion is allowed under a law it shall be exercised by the chief officer of the Department, it is a physical impossibility for him to per- sonally examine the cases in order to exer- cise this discretion, and it is likewise physically impossible for this important duty to be performed by the chief officers under his control. The result is that an important question such as this would rest upon the opinions of hundreds of subor- dinate officials, and the possibilities are uncomfortable to contemplate. There would be frequent occasions for misunderstanding and irritation. These would lead inevitably toward a lack of co- operation which should always exist be- tween two national, industrial establish- ments such as the railroads on the one hand and the postal service on the other. Committee on Railway Mail Pay Repre- senting 264 Railroads Carrying Mails On Over 218,000 Miles of Line. RALPH PETERs, Chairman. Supplement—Present Conditions (1913) Compared with 1909 When using estimates of expenses per car mile chargeable to mail based on the special statistics of November, 1909, the fact should be considered that since that time railway expenses per unit of service have greatly increased. A statement is at- tached showing, for about 90 per cent. of the railroads of the United States, the op- erating revenues and expenses per mile of road for the calendar years 1909 (which, 24 of course, includes November, 1909) to 1913 inclusive. This shows that since 1909 operating expenses have increased 29.6 per cent., and taxes 34.6 per cent., while net revenue, after deducting oper- ating expenses and taxes, decreased 6.9 per cent., despite an increase of 17.6 per cent. in operating revenue. The annual rate of railway mail pay per mile of mail routes, according to the 1913 annual re- port of the Second Assistant Postmaster General, was, on June 30, 1909, $229, and only $225 on June 30, 1913, or a decrease of 1.8 per cent., notwithstanding the greater service because of the inauguration of the parcel post, and the great increase in railway expenses. Operating Results by Calendar Years on Railways of United States PER CENT. OF 1909 1910 1911 1912 1913 lºſſ. OVER 1909 Mileage 210,047 213,347 224,648 220,058 223,078 + 6.2 Operating Revenue $11,673 $12,524 $11,954 || $13,287 || $13,723 + 17.6 Operating Expenses 7,640 8,534 8,176 9,139 9,771 +29.6 Net . $4,034 || $3,991 || $3,778 || $4,148 $3,952 – 2.0 Ratio 65.5 68.1 66.0 68.7 71.2 | + 8.7 Taxes $433 $483 $487 $545 $583 +34.6 Net after Taxes . $3,615 $3,512 $3,297 $3,609 $3,364 – 6.9 Annual Rate of Railway Mail Pay per Mile of Mail Routes on June 30th $229 $223 $227 $224 $225 Authority—Published reports of Bureau of Railway Economics, Washington, D. C., and 1913 Annual Report of Second Assistant Postmaster General. Aside from the right of the owners of the property so devoted to the use of the public to receive from the public a reasonable return on their investments, it is of profound importance to the public in its own interest to accord fair and equal treatment to the owners of rail- roads, for upon no other basis may we continue to look to private capital for the further development and exten- Sion of our railroad facilities. —Interstate Commerce Commissioner Harlan, in Industrial Railways, Case 4181. January 20, 1914. Exhibit A AN ESTIMLATE as to the AMOUNT of RAILWAY MAIL PAY which would be al- lowed according to the modified plan of Post- master General Hitchcock, presented in the Preliminary Report of the Joint Congressional Committee (pages 109-111). Any estimate must be based upon the footing of Table 7, Document 105, this being the only statement submitted by Mr. Hitchcock under- taking to show the financial results in detail. That table, however, is incomplete. It repre- sents only 80.44 per cent. of the total length and 88.11 per cent. of the total pay. Per cent. in Total. Table 7. Table 7. L ength of R a il w a y Mail Routes (miles) . . . 218,747 175,922 80.44 Railway Mail Pay, includ- ing R. P. O.349,132,644 $43,293,277 88.11 In making the estimate, the factors to be dealt with, successively, are these four: First. What were the total operating expenses (including taxes) for both freight and passen- ger service of the railroads shown in Table 7? Second. How much of that total amount should be charged to the passenger train serv- ice 3 Third. What proportion of the second item should be charged to the mail service? Fourth. What additional amount should be allowed to cover the cost of the capital in- vested? First Item—Total Operating Earpenses. There would be no question for dispute here. If the department has made no clerical errors, we can accept for this item the total given on page 280. Total operating expenses and taxes for the month of November, 1909, $137,355,150. Second Item—Passenger Train Earpenses. Here there is a very serious difference. The Department, using its own method, assigns about 29 per cent., or $40,121,647. We cannot tell precisely what the railroads' result would be without reworking all the original reports, and these are not available, and the work would be very expensive, but it has been estimated that for the group of railroads shown in Table 7 the result would be 34.42 per cent., or say $47,000,- 000 as against the Department's estimate of $40,000,000. Mr. Hitchcock, in his revised plan, relin- quished his claim to be allowed to make this division and was willing that the Interstate Commerce Commission should do it. As the Interstate Commerce Commission has no stand- ard formula for the purpose, it can only be surmised that their decision would be closer to the railroad companies' estimate than to the Post Office Department estimate. Third Item—Passenger Train. Eacpenses Charge- able to Mail Service. After deciding whether the amount in Item 2 should be $40,000,000 or $47,000,000 for the month of November, 1909, we next seek to ascertain what portion of this amount should be charged to the mail service, on the basis of the percentage of car space in all passenger train service devoted to the United States mails. The Post Office Department, in Document 105, pages 269-270, accepted 7.18 per cent., but admits that 8.81 per cent. was reported. It is understood that about 20,000,000 car-foot miles in the Closed Pouch Service was cast out with- out being published, and this would raise the total to 8.96. The railroads' own computation was 9.32 per cent. (Hearings No. 1, page 52.) Mr. Hitchcock's revised plan does not recon- cile these divergencies, and yet a difference of 2 per cent. when applied to $47,000,000 would mean a difference of $940,000 a month, or $11,- 280,000 a year. It must be noted also that in Table 7 the Department did not use its lowest space per- centage (7.18), but one still lower (6.68 per cent.). Fourth Item—Capital Cost. This essential factor had been overlooked by the Post Office Department in its original pro- posals. In the revised plan it is said “the com- panies may be allowed such additional amounts, if any be necessary, as shall render the whole a proper proportion of a fair and reasonable re- turn on the value of the property necessarily employed in connection with the mail service.” As the phrase is not mandatory, the Postmaster General would be authorized to grant or with- hold millions of dollars a year, upon his discre- tion instead of upon a specific law of Congress. It would be quite impracticable to make an estimate of any amount that could rest securely upon the phrases quoted above. We may calculate the use of the railroad property by the mail service, in the ratio that the operating expenses (and taxes) applicable to the mail service bear to the total operating expenses, and upon the amount ascertained charge interest at 6 per cent. The Post Office Department, in Table 7, pub- lished the total expenses of certain railroads as $137,355,150, of which it accepts $2,682,798 as its own proportion, or 1.95 per cent. The railroads, on the same amount, $137,- 355,150, would charge the mail service with $4,406,503, or 3.21 per cent. Taking the net capitalization of the railroads as $14,000,000,000 (the Report of the Inter- state Commerce Commission for 1910, page 52, gives the amount as $14,338,575,940), we find the proportion chargeable to the mail service to be Post Office Department, Table 7 . . . . . . . . . . . . . . 1.95% $273,000,000 Railroad calculation . . . . . 3.21% $449,400,000 The interest on these amounts would be: At 4%. At 6%. For $273,000,000 . . . . $10,920,000 $16,380,000 For $449,400,000 . . . . 17,976,000 26,964,000 26 Comparative Statement Based on Table No. 7—House Document No. 105 Covering 88.11 per cent. of Total Railway Mail Pay for 1909-1910 - POST OFFICE RAILROAD AN A V ERA GE OF . DEPARTMENT COMPANIES THE TWO First Item : Total Operating Expenses and Taxes for Month of November, 1909 $137,355,150 $137,355,150| $137,355,150 Post Office Railroad An Average of Second Item : º º: tºº. Passenger Train Expenses and Taxes for Month of November, 1909 . . $40,121,647 || $47,280,083| $43,700,865 Post Office , Railroad n Aycrage of Third Item : tº Gº | ***::: Passenger Train Expenses and Taxes chargeable to MAIL SERVICE: “a” Month of November, 1909 $2,682,798 $4,406,503 $3,544,650 “b ’’ Annual Basis . e & e º gº 32,193,576 52,878,036 42,535,806 “c” Raised from 88.11% to 100% to cover all Mail Routes . 36,537,936 60,013,660 48,275,798 §. cº, anº, a Fourth Item : at 1.95% at 3.21% . Net Capital ($14,000,000,000) covering Roadbed, Rails, Engines, Cars, Stations, Terminals, and other Facilities, chargeable to MAIL SERVICE $273,000,000 || $449,400,000 $361,200,000 “a " Interest on Net Capital at 6% chargeable to MAIL SERVICE 16,380,000 26,964,000 21,672,000 “b '' Interest on Net Capital at 4% chargeable to MAIL SERVICE 10,920,000 17,976,000 14,448,000 Recapitulation Total Cost chargeable to MAIL SERVICE: “a” Operating Expenses and Taxes|| $36,537,936|| $60,013,660| $48,275,798 “a " Interest on Net Capital at 6% 16,380,000 26,964,000 21,672,000 Total $52,917,936 $86,977,660| $69,947,798 “b’’ Operating Expenses and Taxes|| $36,537,936|| $60,013,660| $48,275,798 “b '' Interest on Net Capital at 4% 10,920,000 17,976,000 14,448,000 Total $47,457,936 $77,989,660; $62,723,798 Total Pay: Mail Pay—Year 1910 $49,132,644 || $49,132,644|| $49,132,644 Annual Surplus or Deficit: “a” Interest at 6% 3,785,292 37,845,016 20,815,154 “b’” Interest at 4% 1,674,708 28,857,016 13,591,154 27 It will be noticed that the railroad * up to and including the third item, reveals an underpayment of $10,900,000 without counting the capital cost. It also seems evident that Postmaster General Hitchcock could not assume to demonstrate overpayment, except by intro- ducing his own method of dividing the total railroad expenses, by reducing to the lowest minimum the car space devoted to the mails and by arguing against any participation in a fair return upon the property. January 23, 1914. (Revised February 16, 1914.) sengers and of property. We have proceeded in this country upon the theory very largely that the treasury of a railroad was an inexhaust- ible fund from which you might draw ad libitum with- out any reference to the source of supply. . . . So long as the railroad pays the bill it costs nobody anything. Now, that is manifestly the most fallacious of all notions. A railroad has no source of income ordinarily except what it derives from its charges for the carriage of pas- —Extract from Address of Hon. C. A. Prouty, before the Traffic Club of Baltimore, February 17, 1914. 28 The Fair Method of Paying for Transporting the Mails Fº G as the railroads do that every day's delay in rectifying existing conditions is an accumulative in- justice, the railroad managers of the country have submitted to Congress a formal recommendation as to a definite system which should be followed in compensating the railroads for carrying the mails. That plan embodies four main principles, as follows: 1. That the mails should be weighed annually (instead of quadrennially, as at present) and payment made for the weight and distance carried. 2. That Mail Apartments, in railroad cars, fitted up as traveling post offices should be paid for. 3. That side and terminal messenger service, between railroad stations and post offices, and other special services should be paid for. 4. That all rates of pay and conditions of service should be definite and not subject to the discretion of employes of the Post Office Department. 3r * : * >}: It is the belief of railroad managers that the adoption of these general principles and establishing fair units of pay will remove this complicated subject from public contro- versy. It would also result in payment for carrying the parcel post. The present situation is unjust and ought to be corrected. Carrying the mails has always been an important detail of railroading. The great development of the country has increased the volume and tonnage of the mails enormously, and has correspondingly intensified the burdens and responsibilities. It is the feeling of railroad managers that as soon as the American people realize the anomalous and inequitable conditions under which the railroads now carry the mails, prompt action will be forthcoming from Congress to pro- vide adequate compensation for the services performed. :k >k -k >k Summary of Recent Congressional Investigation The Act of Congress approved August 24, 1912, provided for a Joint Committee composed of three members of the Senate and three members of the House of Representatives to make inquiry into the subject of postage on second-class mail matter and Com- pensation for the transportation of mails, and report at the earliest practicable date. The Committee, when appointed, consisted of Sen- ators Bourne, Richardson and Bankhead, and Representatives Lloyd, Tuttle and Weeks. On September 11, 1912, Senator Bourne addressed an inquiry to the executive officers of all rail- roads carrying the mails—795 in number—asking for an expression of opinion on the plan recom- mended by the Post Office De- partment and embodied in Senate Bill 7371. This plan proposed to pay the railroads according to the num- ber of linear feet occupied by the mails in cars, the rate to be based upon the cost to each of the 795 railroads for Operating expenses and taxes, plus 6 per cent. The cost was also to be ascertained by the Post Office Department. The railroads generally replied that the underlying principle of the plan was not correct. The Post Office Department had based its recommendations upon its Own incomplete and inaccurate pres– entation of the railroad statistics for the month of November, 1909. Further, that a cost based only upon Operating expenses and taxes, plus 6 per cent., omitted allowance for interest on the investment, and was, therefore, fatally defective. Further, that if the full cost was ascertained for each railroad, even then any plan which used this as a basis of pay would be compli- cated in Operation and unjust in its application by failing to take into account the value of the ser- vice rendered. Beyond all these considerations was the further fact that in this case the Post Office Department —the shipper— was undertaking to determine the cost for itself; to prescribe the car space it would pay for; and to buttress its position by a new clause in the law making it compulsory on the railroads to carry the mails under penalty of $5,000 for each failure. >k :k >k 3k The Congressional Committee opened formal hearings on the subject on January 28, 1913, and these were continued until May 14, 1913, after which oppor- tunity was given to both sides to sum up the testimony. The rail- roads presented their summing up on June 26, 1913, but the Post Office Department took six months additional and presented their summing up on January 16, 1914. sk :k :k :k How the Railroads are Underpaid In the meantime a statistical ad- viser of the Congressional Com- mittee, Dr. M. O. Lorenz, Asso- ciate Statistician of the Interstate Commerce Commission, made a report dated September 27, 1913, in which he reached the conclu- sion that an increase in railway mail pay of at least 10 per cent. was warranted, with the suggestion of the pay could be further decided by reference to the Interstate Com- merce Commission. The Secretary of the Joint Con- gressional Committee, Mr. R. H. Turner, made a summary of the hearings under date of November 28th, and reached the conclusion that on the present system of pay the railroads are underpaid approx- imately $12,000,000. The Second Assistant Postmas– ter General in his summing up of January 16, 1914, reiterated the position of the Post Office Depart- ment, and on February 12, 1914, Submitted a new plan of paying the railroad companies on the space basis at certain rates per car mile, but claiming for the Post Office Department the power to pre- scribe the car space that would be paid for, full control of the rail- road facilities under heavy fines which the Postmaster General might impose without limit, and reserving to the Postmaster Gen- eral discretion to change the con- ditions under penalty of $5,000 fine for every failure of a railroad company to carry the mails. In the original Bill, Senate 7371, the Post Office Department had abandoned the weight basis of pay in favor of space based upon cost to the individual railroad. In the new Bill it abandoned the cost basis in favor of a space basis, which, while ostensibly associated with that the adequacy or inadequacy definite rates, was left entirely within the discretion of the Post- master General. The railroads submitted to the Joint Congressional Committee on February 26, 1914, an earnest pro- test against the findings and con- clusions of the Post Office Depart- ment as set forth in its summing up of January 16, 1914, and as embraced in its new proposals of February 12, 1914. The Second Assistant Postmaster General re- plied in a lengthy statement of March 24, 1914. The railroads made their closing statement on April 1, 1914, and the Joint Congressional Committee, after verbal discussion, closed the hearings finally on April 3d. The testimony, all taken under oath, is the most complete and valuable ever submitted on this important subject, and is comprised in pam- phlets which already include about 1,300 pages of printed matter. :k >{: :k >k The Fair Basis The Railroads' Committee has studied this whole question for Over four years. It has endeavored to regard the question from all sides. It has attempted to con- sider the interests of the people, of the Post Office Department, as well as of the railroads. It has carefully examined the record of previous investigations and the various plans proposed for chang- ing the method or the basis of pay. It has especially studied the sug- gestion that the present basis, i. e., the weight of mail transported multiplied by the distance it is transported, be abandoned, and that the basis of car space authorized be substituted therefor. The Railroads' Committee has concluded that the original plan, as embodied in the law of 1873, is the safest and most enduring basis for all of the parties concerned. That the weight of mail carried and the distance it is carried rep- resent the essential service ren- dered. It is, therefore, the most direct element upon which the pay should be measured and com- puted. The weight basis is also the most definitely ascertained ba- sis and the one regarding which there can be no uncertainty. It is not subject to fluctuation, ac- cording to individual opinion. The car space plan of pay involves esti- mates based on individual Opinion, and this would be dangerous to both parties. The Railroads' Committee, therefore, adhere to the recom- mendations made on October 3, 1912, to the Joint Congressional Committee, as follows: 1. For the repeal of the act of March 2, 1907. 2. For annual weighings and a defi- nite and just method for ascer- taining daily average weights. 3. For pay for apartment cars on Some basis that will compensate for the service. 4. For a fair allowance to the rail- roads for side and terminal messenger service which they perform for the Post Office Department according to the value of this service to the Post Office Department. 5. That all rates of pay should be definite and not subject to the discretion of the officers of the Post Office Department. The closing statement for the railroads was read to the Joint Congressional Committee at the hearing of April 1st, by the Chair- man of the Railroads' Committee, and is here published : The Railroads' Closing Statement The Committee on Railway Mail Pay On April 1st made the following statement to the Joint Congressional Committee, in reply to the statement made by the Post Office Department On March 24, 1914. The Committee representing the rail- roads would have preferred to have rested its case before your Honorable Committee with its statement of February 26th, Volume No. 9, because a careful review of the statement of the Post Office De- partment submitted on March 24th does not bring up any important features that require elucidation for the information of your Committee; but it is realized that the testimony already printed is volumi- nous and that the reiteration in the Post Office Department’s statement of certain claims already refuted may not be con- veniently associated with the refutation or with the explanation. In view of the announcement by the Chairman that this will be the closing meeting of an investigation that has lasted eighteen months, it is both interesting and instructive to recall that the last previous Joint Committee of Congress to study this question found a somewhat similar situation before it. 2k Sk × × Extent of the Wolcott-Loud Joint Commission The investigation of the Wolcott-Loud Commission extended from 1898 to 1901. Representative Moody, of Massachusetts, sequently a Justice of the United States Supreme Court), made a speech in the House of Representatives on February 5, 1901, reviewing the work of the Commis- sion. He said: “When we began the work, there were in existence and supposed to be true certain statistics which had largely affected public opinion. The statistics came from the Post Office Department itself. Gentlemen who based their reasoning upon those sta- tistics had good excuse for doing so, because they were issued and put in circulation by the Department itself. By these statistics it appeared that the average rate paid to railroads for transporting the mails was 6.58 cents per pound and that the average haul was 328 miles, and that we paid, on an average, 40 cents per ton per mile to the railroads for transporting the mails. Gentlemen may carry these fig- ures if they please in their minds, as they are important. We went stag- gering along under the weight of those statistics until the summer of 1899. While we suspected that they were false, there did not seem to be anybody who could demonstrate that they were not true.” Later on, in his speech, he said that a special weighing for thirty-five days in October and November, 1899, showed that mail equipment constituted 48 per cent. of the mail matter sent by the railroads, although the Department had previously claimed that the percentage of equipment was about 9% per cent. He says else- a member of that Commission (and sub- where in his speech: “It had been supposed that we were paying 6% cents per pound as the av- erage payment to the railroads for the transportation of mails. In point of fact we were paying 2% cents per pound.” later, he says: “Further, we found that the haul instead of being 328 miles was 438 miles. We further found, what is most important of all, that instead of pay- ing 40 cents per ton mile we were only paying 12.56 cents per ton per mile. In other words, we were not paying one-third as much as the Post Office Department had led the people of the country to believe we had been pay- ing.” While the comments of Mr. Moody de- scribe plainly and frankly the very grave statistical errors made by the Post Office Department, no one questioned for One moment the honesty or conscientiousness of the postal officials who had given authority and currency to those figures. The refutation was largely the result of the work of Prof. Henry C. Adams, the Statistician of the Interstate Commerce Commission, whose services were secured by the Joint Congressional Committee for that special work. :k :k :k :k Document No. 105 and the Hughes Commission Inquiry Since the report of the Wolcott-Loud Commission in 1901, the Post Office De- partment has undertaken two very im- portant and complicated tasks. was the ascertainment of cost to railroad companies of transporting the mails and the incidental services in connection there- with during the month of November, 1909, the results of which were published in House Document No. 105. The other was the earnest effort by the Post Office Department to analyze for the Hughes Commission, in the year 1911, the expenses of postal operations so as to de- termine the specific cost of handling and transporting second-class mail matter. The inquiry of November, 1909 (House Document No. 105), was from its nature a railroad problem more than a Post Of- The first fice Department problem, whereas the as- certainment for the Hughes Commission was entirely a problem resting on postal statistics. In the former, the co-opera- tion and continuous advice of the rail- road companies was quite essential to ob- tain correct results, whereas in the other the Post Office Department was not obliged to rely on any efforts and statements other than those of its own officers and its own postmasters and employes. It should also be pointed out that these two inquiries were fundamentally different in their respective paths of procedure, because the inquiry of November, 1909, was conducted to ascertain certain per- centages or ratios which would subse- quently be applied to large sums of money representing many millions of dollars; on the other hand, the inquiry before the Hughes Commission dealt with the sub- division of large sums of money with the object of focusing the several amounts to the respective classes of mail matter finally reaching a result of a few cents per pound. The Hughes Commission dealt with the postal expenses for the year 1908, which were $210,000,000. The original calcula- tion of the Department’s estimated cost per pound of second-class mail was 9.235 cents; consequently it was in the ratio of about 1 cent for each $22,000,000 of ex- penses. In other words, an error of over $20,000,000 could be disregarded without affecting the final result more than 1 cent. In the Hughes Commission report, page 82 (footnote), it is shown that the De- partment’s revised computations showed a minimum cost of 8.263 cents per pound as compared with the original calculation of 9.235 cents per pound. :k ::: :k :k The Hughes Commission Rejects the Post Office Department Estimates - The conclusions of the Hughes Com- mission, on page 89 of their report, an- nounce the following decisions: “First. That the evidence submitted does not justify a finding of the total cost of transporting and handling the different classes of second-class mail matter. “Fifth. That upon the basis of their apportionment for the fiscal year 1908, as modified by subsequent reduc- tions in the expense of railroad trans- portation, the cost of paid-at-the- pound-rate matter for the services above mentioned is approximately 5% cents a pound.” That is, the decision rests on only part of the postal expenses, omitting the gene- ral post office service expenses $86,000,- 000, and miscellaneous expenses not di- rectly assignable $3,000,000, or a total of $89,000,000 omitted. In the Hughes Commission report on page 73, referring to the general post office service expenses for which it could not obtain satisfactory statistics, the following remarks are quoted: “It seems hardly worth while to in- clude the subsidiary tables from which these later results are taken or to criti- cise the details, as the commission has little confidence in their accuracy.” And later, on the same page, the Com- mission says: “In view of the errors and inconsist- encies in which the returns from the post offices abound we do not extend this report to review them—our ex- amination has convinced us that the computation is not sufficiently accu- rate to base an apportionment of the cost of the general post office service.” The Hughes Commission, therefore, preferred to make an incomplete report and rest their decision upon an ascertained cost of 5% cents a pound for second-class matter rather than accept the findings of the Post Office Department for the ap- portionment of the remaining 3 cents. :k :k :: :: The Railroads Reject the Post Office Department Estimates Our purpose in alluding to this case is expenses in a calculation to ascertain specific cost is a delicate and difficult problem even for those who are familiar with the statistics that are necessarily em- ployed. We also hope that we can say, without meaning any discourtesy to the officers of the Department, that when an able and distinguished body such as the Hughes Commission refused to accept the Department's sub-division of the postal expenditures because they produced an uncertain variation in the final amount of 3 cents or less, we are probably justified in questioning the ratios arrived at by the Post Office Department in regard to railroad expenditures when Small dis- crepancies in ratios or percentages would lead to final differences of many millions of dollars. The expression of these views is not in- consistent with the appreciation we en- tertain for the enterprise, the industry and the tenacity of purpose which the Post Office Department officials have ex- hibited in the prosecution of these two important inquiries. The Inquiry of November, 1909, and the Committee on Railway Mail Pay The history of the inquiry of Novem- ber, 1909, resulting in House Document No. 105, has been so fully explained and the view of the Railroad's Committee has been so fully set forth in regard to the deficiencies and inaccuracies of Document No. 105, that there is no disposition to refer to the subject again. It seems ad- visable, however, to note in the record an expression of regret that the Second AS- sistant Postmaster General, in publishing the correspondence between the Depart- ment and the Committee on Railway Mail Pay during 1910, should make the com- to emphasize the fact that the division of ment as he does on page 1252, that: “It will be observed from this cor- respondence that the Railroads' Com- mittee sought to induce the officers of the Department to accept the totals obtained by the employes of such com- mittee instead of relying upon the in- dependent efforts of the officers and employes of the Department in ascer- taining the same in accordance with their duty prescribed by law.” Your Committee will note that in the published letter of February 5, 1910, from Mr. Kruttschnitt, Chairman of the Com- mittee on Railway Mail Pay, that the as- surance was given by Mr. Kruttschnitt to the Second Assistant Postmaster Gene- ral that the Committee would welcome any precaution which the Department felt was essential to secure accuracy. The Second Assistant Postmaster Gene- ral intimates, on page 1252, that the ac- ceptance of co-operation from the Railroad Committee would vitiate any finding which the Department might make and would be wholly inconsistent with the duty devolved upon the Postmaster Gene- ral by law and by his obligations in the premises. This statement ignores the fact that the law of March 3, 1879, did not pre- scribe in detail the operations and pre- cautions which the Postmaster General should employ, and consequently the Post Office Department was free to co-operate and free to adopt any precautions deemed necessary to insure trustworthy and ac- curate returns. From the very nature of the inquiry all of the information had to be supplied by the individual railroads, and it was the work of assembling this information and the work of co-ordinating it and interpreting it intelligently that the Post Office Department sought to do alone, with the unfortunate results that have been explained to your Committee during the past year. The Second Assistant Postmaster Gene- ral says, page 1252: “In my judgment the Department's course was the only proper one, and, in view of the outcome, there can be no doubt about its wisdom.” The Railroad Committee's View In the view of the Railroad Committee it was not a question of propriety that governed the attitude of the Post Office Department, but rather questions of policy. If the Department felt that co- operation would vitiate any finding which the Department might make, it thereby confesses its unsuitability to be intrusted with the responsibility. When the law of March 3, 1879, was passed, the Inter- state Commerce Commission was not in existence. If the inquiry of November, 1909, had been conducted under the aus- pices of the Interstate Commerce Com- mission we believe there would be no hesi- tancy or reluctance on the part of that Commission to confer with the railroads and to co-operate in the ascertainment of correct statistics and in the proper in- terpretation of them. But even if it be conceded that the Post Office Department for reasons of policy should have proceeded alone and made its own tabulation, there could be no good reason why, when this work was com- pleted, they should not have conferred with the railroads again to match the re- spective totals, to discuss the differences, and to remedy the inadequacy of statis- tics which in some cases were insufficiently given because of misunderstanding such as would naturally arise in an extensive inquiry instituted for the first time. If such conferences had resulted in unrecon- cilable differences, these could have been submitted to Congress for final determi- nation. :: >k :: :: Aside from all of the important criti- cisms that have been justly made against the statistical presentation and conclusions drawn from Document No. 105, it cannot be lost sight of that the Department passed judgment upon the statistics of a single month, upon the imperfect results of a single and new inquiry, and failed to observe those precautions of prudential procedure which might properly be ex- pected from any Department of the gene- ral Government when dealing with a case involving the property and rights of the citizens. No statement of contrary views and no reiteration of such statements by a bureau officer of the Government will de- bar the Railroads’ Committee from insist- ing upon its right to be heard when it makes statements in regard to the divi- sion of the railroads’ total operating ex- penses and the space relation necessary under operating conditions between the passenger, express and mail services, not- withstanding the fact that the Second As- sistant Postmaster General, on page 1252, says that the “railroads’ discussion upon these statements amounts to nothing more than a quibble.” :: :: :: >{< The Question of Underpayment Of the Railroads There seems to be nothing in the De- partment’s statements relating to overpay- ment or underpayment that calls for fur- ther comment. The Department alludes to varying estimates made by the rail- roads as to the total amount of under- payment, but your Committee understands very well that estimates based upon the comparative growth of freight revenue, or passenger revenue, or postal revenue are simply illustrative of tendencies which might be expected to be reflected in rail- way mail pay, especially if the national conditions are such as to warrant the be- lief that the volume and tonnage of mail transportation is at least keeping equal pace with other traffic. We believed that these incidental illustrations would assist the judgment of your Committee in de- claim that the amount of underpay is at least $15,000,000. Under this head the Post Office De- partment also alludes to the efforts made before the Hughes Commission to appor- tion the postal expenditures for second- class mail matter, and concludes by say- ing: “If the facts were known to the Railroads' Committee it would appear the interpolation of reference to such matter in their statement, in the in- complete manner in which presented, Could have no other intention than that of misleading the Joint Committee.” We have already dealt adequately with that subject by making precise quotations from the Hughes Commission report, and We take pleasure in referring your Com- mittee to the document itself, i. e., House Document No. 559, 62d Congress, 2d Ses- Sion. :: *k :k :: The Case of the Short Line Railroads On page 1253 the Department mentions the criticism by the railroads of Table 7, Document No. 105, as showing a large percentage of gain for Short Line Rail- roads, and says the results came from the statistics used, that “they are mathemat- ically sound and the inevitable result of the elements on which they are based” and are “isolated cases.” Our Criticism was not based upon the inevitable mathematical result of the figures used, but upon the acceptance of that result and the publication of it; and further, the cases are not isolated. Table 7 of Document No. 105 shows 99 railroads charged with making a profit of from 100 per cent. to 2,918 per cent. on their mail service. Of these 99 rail- roads, 84 roads are 50 miles or less in length. In some cases the Department reached its result by cutting out part of the space charged to the mails. In other cases the termining the fairness of the railroads' little railroads apparently did not under- stand the Department’s forms and failed to make complete or correct reports, and this would have been evident to per- sons acquainted with the railroad service. The reports should have been verified and corrected before being published, Observe on page 32, preliminary report of the Joint Committee, where Mr. Frazer, of the Bellefonte Central Railroad, 19.51 miles long, shows that his road loses $1,- 521 a year, although the Department at- tributed to him a profit of $575 a year. The Department said he made a profit of 97 per cent. He says he had a loss of 61 per cent. Observe in Volume No. 5 (page 750) that the East Broad Top Railroad reports a cost for side and terminal messenger service of $823 a year, although in Table 7, Document No. 105, the Department credits only $5.80 for November, 1909, equivalent to $69.60 a year, or about one- twelfth of what the Company claims. That road is shown in Table 7 as making a profit of 2,374.52 per cent. The Ratio of Total Operating Expenses to Passenger Train Service—Railroad Estimate, 34.42 Per Cent.; Post Office Department, 29.21 Per Cent. On pages 1258 and 1260 the Post Office Department under the caption, “The Rail- roads’ Committee’s Erroneous 34.42%,” endeavors to disprove the correctness of the railways’ assignment to passenger train service of operating expenses and taxes in favor of the Department’s assignment, which apportions only 29.21 per cent. of these expenses to passenger train service. :: ; >}: >{< No Valid Argument for Rejecting Railroads’ Apportionment No valid argument is made for reject- ing the railroads’ apportionment of op- erating expenses and taxes or for Support- ing that of the Department. As has been before explained, about one-half of the railway operating expenses and approxi- mately all of the taxes are not directly assignable to any class of traffic and must be apportioned arbitrarily. As to these expenses the Department adopted a method of apportionment which allocated a lower estimate of cost chargeable to the mails than would have been obtained by any recognized plan of apportionment. Certain expenses which may be directly allocated to freight and passenger service are higher per train mile for freight than for passenger, such as fuel, wages of train- men, car repairs, etc. The operating ex- penses first referred to, which are of an indivisible nature, have no relation what- ever to the expenses last named. Not- withstanding this fact, these expenses, to an aggregate of about 40 per cent. of the total Operating expenses, were assigned by the Department in the same way as the direct charges. As a result of this such expenses as the large sums incurred for maintaining road- bed and track, according to the Depart- ment’s apportionment, would be far lower per train mile for passenger than for freight train service. As passenger train. Service is operated at faster speed, re- quires higher standard of maintenance, in- cluding more double track, expensive ter- minals, etc., and its presence increases the cost of freight operation because of delays to the latter, the reasoning of the De- partment in this respect is fallacious, whilst the method used by the railways in apportioning these expenses is far more. entitled to consideration. The railroads, 10 apportion, on a train mileage basis, only the expenses which can not be directly as- signed. This apportionment has been fre- quently termed by the Department as ar- bitrary and antiquated. What may be said of the Department’s apportionment, based on the theory that because fuel for locomotives and wages of trainmen cost more per freight train mile than per passenger train mile, the same relative lower cost per passenger train mile exists as to expenses of an entirely differ- ent nature, such as renewal of ballast, labor cost of repairing roadbed and track, cost of tunnel repairs, expense of maintenance of highway crossings of various kinds, etc. No Justification for Department Method There is good foundation for the rail- >}: ways’ assumption that as these expenses are incurred for train service as a whole they may be justly apportioned on the basis of train mileage, but absolutely no justification for the application of the method used by the Post Office Depart- The insufficiency of the Depart- ment. ment’s allowance for passenger train ex- penses may be further understood by con- sidering certain expenses incident to pas- senger train operations which have been charged wholly to freight service, such as delay to freight trains because of prefer- ence given passenger trains (this being One reason for increased wage cost per freight train mile) and to the charging to freight train service of the whole cost of handling company freight. This freight, consist- ing of rails, lumber and other material for maintenance, fuel, etc., is handled for passenger train service, as well as for freight, and a substantial part of the freight train expense should on this ac- count be transferred to passenger train service. Analysis of annual reports for the year ending June 30, 1910, for 108,- 801 miles of road moving approximately one-half of the freight traffic of the United States, showed that ton mileage of com- pany freight comprised 11.85 per cent. of the total ton mileage handled by freight trains. A transfer of a proper share of the cost of handling this tonnage to the passenger train service would largely in- crease the Post Office Department's esti- mate of passenger train expenses. * x 3 + The Department’s Conclusion On page 1260 the Department concludes that the ratio of operating expenses and taxes to revenue for passenger train serv- ice is only slightly more than for freight. The erroneous nature of this result is ob- vious when it is considered that revenue, which is the divisor, was for the year un- der discussion $2.86 per train mile for freight trains, and only $1.30 for pas- senger trains. :k ::: :k Transportation Rates are Out of Railroads’ Control Mr. Stewart expresses the view that his figures are more in accord with a business- like administration of the railroads, which may be true, but he forgets that the rates and conditions of service which produce the existing results are out of the control of the carriers. For many years railway wages and material prices have been go- ing up. The railways have been able to partly recoup themselves through better car and train loading in the freight serv- ice, but with different conditions in pas- senger train service a similar improvement in loading has not been possible. This is illustrated by the trend of revenue from passenger service as compared with the operating cost. During the 20 years from 1890 to 1910 the operating expenses and taxes per total train mile for all railways in the United States increased 56 cents. Compared with this the passenger train revenue per train mile increased only 22 cents, in 1890 the passenger revenue per train mile being 8 cents higher than the 11 operating cost per total train mile, whilst in 1910 it was 26 cents lower. In this connection attention should again be drawn to the fact that all of the calculations of the Department as to rail- way mail expenses are based on the sta- tistics obtained for November, 1909, whilst statements submitted by the Com- mittee on Railway Mail Pay (page 1085) showed that during the four years end- ing 1913 railway operating expenses in- creased 29.6 per cent. per mile of road op- erated, taxes increasing during this period 34.6 per cent. per mile of road, net reve- nue after taxes decreasing 6.9 per cent., whilst the ratio of operating expenses to revenue, which in 1909 was 65.5 per cent., had increased in 1913 to 71.2 per cent. This further emphasizes the necessity for permitting the railways under a fair plan of mail compensation to Secure some ad- vantage through reduced operating cost per ton mile by better car loading to off- set the effect of rises in labor and material prices. It may be remarked incidentally that a space basis for payment is directly opposed to this theory, in that the shipper receives all the advantage of better car loading, whilst the railway expenses are increased without any compensation there- for. >}: :ſ: The Charge of Car Space to the Mail Service The Department’s defensive statements under this head do not meet squarely the argument of the Railroad Committee as set forth in Volume No. 9, in regard to the unfairness of picking out and disal- lowing so-called “dead space” in connec- tion with the mail service without taking similar note of so-called “dead space” in the passenger and express services. :: :}; :k: :}; Full R. P. O. Cars In regard to full R. P. O. cars, the De- partment quotes its rule that it was the intention to credit the mail service with >k :k the return movement of the maximum Space authorized outbound, and the rail- roads do not doubt that this was the in- tention, but the question remains as to whether this intention was carried out. It may be noted that in Volume No. 2 (page 415), it is shown for the Pennsyl- vania Railroad System that after the first publication of Document No. 105 the De- partment made a correction upon repre- sentations of the railroad company so that 5,706,000 car-foot miles was credited to the mail service for R. P. O. cars which had not been treated according to the De- partment’s rule. It is possible that if other railroad companies had made simi- lar analysis of the details, further credits might have been called for and obtained as was done in the case of the Pennsyl- Vania Railroad System. There is the fur- ther point to be made that while the De- |partment’s intention as to R. P. O. cars may have seemed perfectly fair from the Department viewpoint, yet it failed to rec- Ognize the necessity of uniform standard sizes which the railroad company is op- erating and which would be incumbent upon the Department itself if it owned the R. P. O. cars. >}: # The Mail Storage Cars On page 1264 the Department says: >k :: “Concerning mail-storage cars, the claim is made that a large amount of Space necessary in the operation of storage cars was disallowed by the Department. The Department cred- ited all storage-car space where it was used for mail purposes. Where it was not so used it was charged to “dead Space.” It is believed that the rail- road companies use such storage cars for their own purposes in many cases. The claim of the Railroads’ Committee therefore that a large portion of this space should have been charged to mail is a claim unsupported by any defi- nite evidence as to amount and should not be given serious consideration.” In this the Department gives a very narrow meaning to the word “used,” when they say that they credited all storage- 12 car space where it was used for mail pur- poses. The inevitable return movement of empty storage cars that were loaded outbound with mails is part of the use made of the car equipment, and the De- partment itself recognizes this principle in its proposed bill in Volume No. 8, where it is said that payment will be made for the round trip. As to the suggestion that this claim is unsupported by any definite evidence as to amount and should not be given any seri- ous consideration, attention is called to the statement by the Pennsylvania Rail- road System in Volume No. 2 of the hear- ings (page 411), where it is clearly shown that the Department disallowed 11,523,- 000 car-foot miles for the month of No- vember, 1909, for deadhead storage cars returning which were not used in the company’s business. It is probable that the total amount of storage-car space dis- allowed by the Department for all rail- roads for November, 1909, would be not less than 50,000,000 car-foot miles. >k x}: × >k The Mail Apartment Cars The Department under this head does not discuss fairer allowances for mail apartment cars. It has previously inti- mated that a revision of its figures for this class of Service might be justified, but has never stated definitely the amount of ad- ditional allowance of space which its fur- ther consideration of the subject would lead it to grant. :: *k xk :: Closed-Pouch Space As regards closed-pouch space, the De- partment quotes the rule employed on the Pennsylvania Railroad Lines during No- vember, 1909, and then makes the follow- ing statement on page 1265: “The fact is that the report of the |Pennsylvania Railroad and that of the New York Central and Hudson River Railroad Company, both of which used the rule above mentioned, showed less linear space for closed-pouch service than the computations made by the Department upon the statistics of closed-pouch mails taken during the month of November entitled them to. It is submitted that no more conclusive argument need be advanced in favor of the sufficiency and fairness of the Department's rule in that respect.” In reply to this statement of the De- partment just quoted, it is learned that the records of the Pennsylvania Railroad Company show for closed-pouch service during November, 1909, 2,774,460 car- foot miles, of which the Post Office De- partment allowed only 2,122,106.18. The Post Office Department in this case dis- allowed 652,353.82 car-foot miles, or about 23% per cent. The same figures for the Pennsylvania Railroad System as shown in the Company’s records for closed-pouch service was 7,231,969 car-foot miles, of which the Department allowed 5,044,839, thus disallowing 2,187,130 car-foot miles, a disallowance of 30 per cent. As regards the New York Central & Hudson River Railroad Company, the Company reported 3,406,641.67 car-foot miles, and the Department allowed 1,- 453,829.34. The Department disallowed 1,952,812.33 car-foot miles, or 57 per cent. It would, therefore, seem that the De- partment’s idea is erroneous that these companies reported less than the Depart- ment’s computations showed them to be entitled to. This whole subject of the charge of space to the mail service would have been greatly clarified if the request from the railroads’ side of a year ago had been com- plied with, namely, that the Department be called upon to analyze the so-called “dead space” so as to show whether it was chargeable to R. P. O. car space, or storage-car space, or apartment-car Space, or closed-pouch space. The Second Assist- ant Postmaster General indicated at that time that this analysis could not be made without additional clerical force which 13 would have cost about $1,500, and that he was unable to proceed with the analysis unless the Joint Congressional Commit- tee would authorize that expense. :k :: :: :: The Gauge of Railway Mail Pay General Considerations The Department contends that the re- ply of the Railroads’ Committee to their question “Shall the gauge of railroad mail pay be a strictly commercial rate?” is in- sufficient, and they again invite attention to their argument which appears in Volume No. 7 (pages 998-1004). The considerations which the Department ask be given weight (see page 998) are the following: 1. The certainty, constancy, and homogeneity of traffic. 2. The certainty and regularity of payment. * 3. Railroads are not built primarily to carry mails. 4. The protection to their mail trains which railroads, as Government agencies, receive against unlawful acts in interference with or obstruction of the mails carried. 5. The principle of public utility. The Railroad Committee believes that in Volume No. 9 (pages 1076-1078) it made a sufficient reply on the whole subject and specifically with reference to considera- tions 1, 2 and 4. If the Joint Committee desires further discussion of these con- siderations, it will give us pleasure to cover the subject more extensively, but in our opinion this is not necessary. In preparing our reply that was pub- lished in Volume No. 9 we refrained from presenting some quotations and some dis- cussion which may now be briefly sub- mitted in response to the insistence of the Department’s representative. The Department in Volume No. 7 (page 1000) makes the following state- ment: “3. Railroads are not built primarily to carry mails.-Railroads are pro- jected and built for the purpose of se- curing passenger and freight traffic. It is doubtful if the question of the carriage of the mails ever enters into the calculations of any railroad enter- prise. After its construction the mail naturally follows and the companies usually secure that business without so- licitation. This is a strong argument in favor of treating the carriage of the mail as a by-product, and to charge it with a participation in all of the costs of the road is very liberal policy.” After perusing this statement the reader would naturally pause to consider that as the United States Mail had been an im- portant article of transportation fully fifty years before any railroads were built in the United States, it would be quite likely that the builders of railroads would have in mind all possible traffic that could be obtained and would certainly include the mails in their calculation. However, we find at the foot of page 1002 the following assertion by the Post Office Department: “No railroad of any importance could be successful in its operations without the regular, certain, and speedy transmission of the mails over its line. It is a truism which no one will controvert, that practically all commercial and industrial enterprises, as well as social intercourse extending beyond the neighborhood, depends ab- solutely upon the mails. As the com- munity thus primarily depends upon the mails, in a greater degree railroads so depend, as they must rely wholly upon the communities for whose busi- ness they are constructed and operated. It must, therefore, be apparent that no commodity transported is entitled to as great consideration in the mat- ter of rate-making as the United States mails.” Here we have the assertion that the mails are so essential to the community and to the railroad that it could not be successfully operated without them, in op- position to the statement previously made that it is doubtful if the question of the carriage of the mails ever enters into the calculations of any railroad enterprise: But we recall that something was said on this subject in the hearings of May 14, 1913. Turning to Volume No. 5, page 659, we find that the Second Assistant 14 Postmaster General was asked what would be the probable revenue to the Govern- ment from first-class mail matter if there were no railroad service. The Second Assistant Postmaster General replied as follows: “Of course, it would be greatly re- duced. We are all glad to admit, and it is not an admission, for we are glad to say that the railroad companies per- form a wonderful service for the Gov- ernment and for the people; and if it were not for the railroads, mail serv- ice would be a very insignificant We respectfully submit that the views expressed by the Department's representa- tive on both sides of the question are sufficiently comprehensive to relieve the Railroads’ Committee from offering any Comment or argument. ::: The Principle of Public Utility In response to the fifth consideration, namely, “The principle of public utility,” it is to be observed that the main depend- ence of the Department in Volume No. 7 is a quotation from Prof. Henry C. Adams in the report which he made to the Wolcott-Loud Commission on Febru- ary 1, 1900. The Department makes two quotations from Professor Adams and omits a number of other quotations which might have been made with more effect, because they are more significant of Mr. Adams as a statistician and as a student at that time of the railroad mail service. For example, in Senate Document No. 89, part 2, 56th Congress, 2d Session (pages 198-200), Professor Adams reaches the conclusion that ton mileage or weight multiplied into distance is the proper basis for determining railway mail com- pensation. On page 182 Professor Adams insists that the ascertainment of cost by analysis of Operating expenses is not practicable, and says: :}; :}; :: “It cannot be recognized as a proper method of arriving at reasonable com- pensation for the transportation of the mail.” On pages 203-206 Professor Adams gives a useful interpretation of the law of 1873 which he discusses with marked approval as to the general arrangement of rates. Again, on page 419, he expresses the opinion that postal officials and employes when traveling in passenger cars should certainly have their fare paid by the Government. On page 442, discussing side messenger service, he says: “In equity the Government ought to assume the expense of this service.” None of these opinions of the eminent statistician are quoted by the Post Office Department in either Volume No. 7 or Volume No. 11 of the hearings. The opinion of Professor Adams that is quoted by the Post Office Department, is in his discussion of the principle of public utility which he introduced in his report to the Wolcott-Loud Commission, not be- cause it was appropriate to his position as Statistician of the Interstate Commerce Commission, but rather as a development of his studies as Professor of Political Economy in the University of Ann Arbor, Michigan. * >k :}; ::: >{: It may be said on behalf of Statistician Adams that whatever views he held as Professor of Political Economy and felt tempted to express in his official report did not in any way influence the definite recommendations which he made to the Wolcott-Loud Commission in regard to the amount of railway mail pay. His conclusion was that the railroads at that time were not grossly overpaid, although they were receiving about 35 per cent. of the postal revenues. His study of the sub- ject led him to believe that the railroads 15 carrying an average daily weight of over 30,000 pounds were somewhat overpaid. He proposed a level reduction of 5 per cent. for all railroads, with an additional reduction of from 1 to 12 per cent. On all roads receiving in excess of 20 cents per ton per mile. He also recommended fur- ther investigation, because he believed that if the average load in mail cars could not be materially increased his recommenda- tions for a reduction in pay would have to be withdrawn. When his report was under review by the Wolcott-Loud Com- mission and he was under cross-examina- tion, he admitted that his recommenda- tions for reduction and at the same time for further investigation were inconsistent with each other; he also admitted that his recommendation for a reduction of 5 per cent. for all roads was inconsistent with his conclusion that the roads carry- ing less than 30,000 pounds a day were not overpaid. He finally revised his statement and declared that his conclusions as to re- ductions in pay were all based on the idea that the Joint Committee desired to elimi- nate the postal deficit, and he thought the greatest contribution which the railroads could be justly expected to make toward reducing the postal deficit would be ap- proximately $3,000,000 out of a total rail- way mail pay at that time of $34,000,000. * :): :k × Railroads Not Overpaid The conclusion of the Joint Committee was that Professor Adams had not sus- tained his recommendation for the reduc- tion in pay which he proposed, and they, therefore, reported to Congress that the railroads were not overpaid. It will thus be seen that the action of Congress, as well as the recommendations of Professor Adams, were in accordance with the rec- ognized customary constitutional rela- tions existing between the Government and those citizens from which it purchased service. Professor Adams' theory regarding the principle of public utility was considered to have a strong tendency toward general socialism. In this connection it is inter- esting to quote from his cross-examination at the hearing of April 7, 1900, page 436 : “Mr. Loud.—Does it not lead right up to the German system as operated to-day—the Government ownership of railroads, supported by taxation, and levying such tariffs upon articles as they see fit, and then recouping from another? “Mr. Adams.-Yes; it leads to the determination of the entire schedule of railroad rates upon the principle of public utility.” It is suggested that the so-called prin- ciple of public utility, the full considera- tion of which would bring into contempla- tion the total social structure and govern- mental relations of the whole American people, has no proper place in the dis- cussion of a question of simple business administration, i. e., reasonable compensa- tion for the performance of a service that is almost entirely commercial. In closing this question of public utility, it is only fair to Professor Adams to restate the most significant paragraph of the quotation which the Department employs in Volume No. 7, page 1002, but omits to quote verbatim in its statement contained in Volume No. 11. This reads as follows: “The position of this report is that the private interest in railway charges is limited to the claim that the gross revenue of railways should be ade- quate to cover operating expenses, fixed charges and a fair return to stockholders; but this sum having been guaranteed, the manner in which the gross amount is collected from the shippers is a matter of public policy and not of private interest.” It will be observed that Professor Adams insists upon an allowance not only to cover operating expenses, but also to cover fixed charges and a fair return to stockholders, these last two important 16 specifications representing factors that were entirely omitted in House Document No. 105. Your Committee will also not fail to see the significance of the clause which reads “but this sum having been guaranteed.” The Post Office Department in its statements discussing the principle of public utility in either Volume No. 7 or Volume No. 11 does not indicate whether in their opinion the general Government should guarantee the interest on all the railroads’ securities in advance of asking Congress to approve the prin- ciple of public utility which would be applicable to freight and passenger serv- ice, as well as to the mail service. :: :: :: :}: While we have thus responded to the urgent insistence of the Post Office De- partment for further discussion of these general considerations, it seems proper to state that none of this general discussion would have been necessary if the Post Office Department had not overlooked in Document No. 105 the necessity of pro- viding for the capital cost—that is, a re- turn upon the railroad property utilized in the performance of the mail service. In Document No. 105 there are three letters of transmittal; one signed by the former Postmaster General, Mr. Frank H. Hitchcock, the second signed by the Second Assistant Postmaster General, Mr. Joseph Stewart, and the third signed by the Committee of Post Office Department Officials who were charged with the duty of considering the results of the informa- tion secured from the railroad companies and to report thereupon to the Postmaster General. One can search in all these let- ters in vain for any statement that shows a consciousness of the necessity of pro- viding for this fundamental item of cost. When this omission was fully developed before your Joint Committee, the Post Of- fice Department admitted their error by conceding in letter of January 9, 1913, to the Chairman of the Joint Committee that “In addition to the operating ex- penses and taxes apportionable to the mail service and 6 per cent. thereto, companies may be allowed such addi- tional amounts, if any be necessary, as shall render the whole a proper proportion of a fair and reasonable return on the value of the property necessarily employed in connection with the mail service.” The phrasing of this concession repre- sents the beginning of the development of the line of thought which has culminated in these later discussions regarding the alleged certainty, constancy and homo- geneity of the traffic and the other fea- tures that lead up to the so-called “prin- ciple of public utility.” None of these considerations were ap- parently in the minds of the Post Office Department officials when Document No. 105 was submitted, and there was ap- parently no thought of treating this ques- tion except on the basis of reasonable com- pensation and in accordance with the com- mercial principle. If there had been, Surely there would have been some allu- Sion to it in these several letters of trans- mittal. Comparison Between Revenue Re- ceived by Railroad Companies for Express and for Mail Service Preliminary to any remarks from the railroads’ side regarding the statements made by the Post Office Department (pages 1271-1278) relative to the com- parative compensation received by the rail- road companies from the express traffic and the mail traffic, it should be noted by your Committee that this subject is now introduced for the first time by the Post Office Department officials, although Docu- ent No. 105 was published over two years ago and your Committee has been col- lecting evidence and hearing testimony for 17 the past eighteen months and has now arrived at the last days of the investi- gation. In Document No. 105 none of the let- ters of transmittal say one word on this subject. The tables published in Docu- ment No. 105 fail to state the amount of revenue received by the railroad companies from the express business or the pas- senger business, although this informa- tion was given to the Department by the railroads for the month of November, 1909, and the railroads have complained of the failure of the Department to pub- lish the amounts for the information of Congress. The statement of the Post Office De- partment made under date of January 16, 1914, contained in Volume No. 7 of the hearings, was apparently intended as a complete recital of the Department case and was written after six months’ delay for the purpose of reviewing the data and the hearings, and yet we cannot find one word in it relating to any comparison with express traffic or the revenue received by the railroad companies from express and from mail. Now, at this late date, March 24, 1914, the Post Office Department lays before your Committee a lot of undigested ma- terial and concludes by saying, on page 1278 : “It must be remembered, as herein- before stated, that this is placing the mail service on the basis of the ex- press service and not accounting for the value of such differences between them as may exist. Furthermore, it is placing the entire subject matter of the mail service upon the same basis as the subject matter of the express Service.” - We believe that it is evident to your Committee, before we make any explana- tion on the subject, that it would be im- practicable to make any satisfactory com- parison without several months for addi- tional investigation. Express and Mail Services On Different Basis The two services are on an entirely different basis. In the case of the ex- press traffic, the railroads receive a per- centage of the gross receipts, varying from perhaps 40 per cent. to 55 or 58 per cent. The Interstate Commerce Commission in its report for 1909 stated that the average percentage was 47.53 per cent. The mail service is paid for mainly on the basis of weight multiplied by distance, or ton mileage. The total ton mileage of the express traffic is not known, but whether the comparison is made between the ex- press and mail on the basis of relative returns from ton mileage or relative re- turns from car space, there would have to be a precise appraisal of the differ- ences in the relations, because the express companies in connection with their rail- road transportation perform many Serv- ices for themselves which the Post Office Department requires from the railroad companies. Also the express companies make many payments for rent of station facilities and as sharing in the wages of railroad employes for which there is no similar contribution from the mail serv- ice. In addition to this, the express com- panies perform many services for the rail- road companies, as in the transportation of railroad companies’ express packages, the collection and forwarding of money, the distribution and transportation of rail- road tickets, etc., for which there are no precise ascertainments or even estimates as relating to the entire railroad mile- age upon which the mails are also carried. To obtain this information it would be necessary to start a new inquiry and to obtain in detail from each company the terms of its contractual relations with the express company operating over its lines and a definite appraisal of these vari- ous services. 18 Information Regarding Express Traffic Already in the Record In the hearings held before your Com- mittee during the past year there are a number of contributions from the Com- mittee on Railway Mail Pay which enable you to obtain a general idea regarding the relative pay to the railroads from express and mail traffic. In Volume No. 1 (pages 51, 52), the Committee on Railway Mail Pay showed that according to their as- certainment for the month of November, 1909, covering 178,709 miles of railroad the relative earnings on the car-foot mile basis were from mail 3.228 mills, and from express 3.855 mills. For a 60-foot car this would show an earning from mail of 19.36 cents and from express 23.13 cents. . The railroads, therefore, earned from the express traffic on the space basis 19 per cent. more than from the mail, notwith- Standing the fact that the mail service is known to be much more expensive for the railroads to operate. In Volume No. 1 (page 122) a state- ment was submitted showing that on in- adequate data it appeared as though the earnings of the railroads per ton mile of express as compared with the ton mile earnings from mail were not far apart, being somewhere between 7 and 8 cents for either. This conclusion must also be re- ceived with the same reservation that the express tonnage can be loaded more com- pactly and economically than the mail tonnage, and that the service is less ex- pensive to the company than the perform- ance of the mail service. In Volume No. 2 (page 325) Doctor Lorenz computes the respective car mile earnings to railroad companies from mail and express. It appears in his calcula- tion that the railroad earnings per car mile is 13 per cent. higher from the ex- press if the gross mail space reported in Document No. 105 for mail is credited to the companies. It also shows that if the gross space as published by the Post Office Department is not credited, but only the net space taken, the earning from a 60- foot mail car would be 9 per cent. greater than the earning from an express car of similar length. In this case the railroads would point out that even the gross amount of space published in Document No. 105 as reported against the mail serv- ice does not represent the correct total as reported by the companies. Also, that in this illustration, as in the others, it would be necessary to make allowances for the greater economy to the railroads of performing the express business both in Operations and in incidental services ren- dered by the express companies them- selves. ::: :: :: :: In Volume No. 2 (page 335) Mr. Worth- ington on behalf of the Southern Pacific road showed that on the very low con- tract basis of 40 per cent. of express earn- . ings the mail traffic showed only 4% per cent. greater earnings than the express traffic, whereas on the Union Pacific, where the usual contract was in opera- tion, the express space showed 11 per cent. greater earnings than the mail space. In Volume No. 2 (page 419) Mr. Brad- ley, reporting for the Pennsylvania Rail- road System, showed that on the Com- pany’s compilation of space the earnings from express traffic were 22 per cent. greater than from the mail traffic. He also showed that the Post Office Depart- ment credited a mail earning to the Penn- Sylvania Railroad System of 3.873 mills, while the earning from express on the Company’s showing was 3.898 mills, so that even here there was a small advantage from the express traffic independent of the modifications that would be subsequently necessary on account of the more economi- cal performance of service and an ap- praisal of the express company’s contri- bution toward the work and expenses. 19 Railroads’ Relations to Express Companies and Post Office Department In Volume No. 2 (pages 437-438) there is stated in parallel columns a number of differences in the relations which the rail- road companies bear to the express Com- panies and to the Post Office Department showing that these relations are much more favorable both financially and in operating performance with the express traffic than they are with the mail traffic. In Volume No. 2 (page 526) Mr. Pea- body, on behalf of the Atchison, Topeka and Santa Fé Railway, shows that on the space basis the mail earnings are about 4 per cent. higher than from the express traffic, but explains that this is due to a contract which will not be renewed. It will be noted in this case that the rail- road company will be able in due time to revise this contract, which would not be the case in relation to mail service where the rates and conditions of Service are fixed by statute or by Post Office Depart- ment regulations having the same force. It is also to be noted that Mr. Peabody’s finding would require further modifica- tion if the comparative relations as to economy of operation in connection with the express traffic as compared with the mail traffic were fully set forth. In Volume No. 2 (pages 747-758) there is published a statement on behalf of twenty-one Short Line Railroads which shows respective earnings from express and mail traffic. The summary indi- cates that the receipts from express traffic are about 30 per cent. greater than from mail traffic, but as the units of service, such as ton miles or relative amount of car space are not stated, one can only get a general impression. It will thus be seen that the subject has not been over- looked in the testimony offered by the representatives of the railroads, and that a review of the testimony indicates quite plainly that the express traffic is some- what more remunerative to the railroads as a whole than the mail traffic. Comparative Gross Receipts by Railroads from Mail Traffic and Express Traffic At the hearing of March 24, 1914, Mr. Worthington, on behalf of the Committee on Railway Mail Pay, submitted a memo- randum of the annual receipts of the railroad companies from mail traffic and express traffic for the years 1909 to 1913, inclusive. For the first and last of these years the figures are as follows: Year ending June 30th : Mail Traffic. Express Traffic. 1909 . . . . . . . . . . . $49,869,375.00 $64,032,127.00 1913 . . . . . . . . . . . 51,959,388.00 83,872,497.00 Increase — 1913 over 1909 . . . . 2,090,013.00 19,840,370.00 Increase in per - Cent. . . . . . . . . . . 4% 31% :: *k sk 2: Comparison of Express and Mail Rates Between Specific Points The Post Office Department submits a list of comparative express and mail rates per 100 pounds between specific points. The table submitted contains 114 illustra: tions, and the whole number of illustra- tions are without value to your Committee because they are all based upon the mini- mum express rate, i. e., the rate per 100 pounds. Suppose that the railroad companies had been submitting a similar illustration and based it upon the maximum express rate, namely, the rate for one pound. What would be thought of the fairness of the presentation ? To illustrate this point, we have pre- pared a statement based on the first fifteen examples quoted by the Department in its 100-pound table on page 1272, and show on successive lines the rate which the De- partment has worked out for each pack- age of 100 pounds in weight in comparison with what the rate would be if it were based upon 100 one-pound packages. The ton mileage in both cases would be the S8. Iſle : 20 Comparison of Express and Mail Rates Per 100 Pounds 1st—at the Rate for 100 pounds (in one package) used by the Post Office Department 2d—at the Rate for 100 pounds (in 100 one-pound packages) used by the Railroad Company . — Akron, Ohio, to Pittsburgh, Pa. — Akron, Ohio, to Pittsburgh, Pa. . — Altoona, Pa., to New York, N. Y. — Altoona, Pa., to New York, N. Y. . —Anniston, Ala., to Washington, D. C. . — Anniston, Ala., to Washington, D. C. . . — Asheville, N. C., to Washington, D. C. . — Asheville, N. C., to Washington, D. C. . . — Ashland, Ky., to Cincinnati, Ohio . — Ashland, Ky., to Cincinnati, Ohio . . — Buffalo, N. Y., to Boston, Mass. — Buffalo, N. Y., to Boston, Mass. . — Burlington, Vt., to Boston, Mass. — Burlington, Vt., to Boston, Mass. . — Burlington, Iowa, to Chicago, Ill. . — Burlington, Iowa, to Chicago, Ill. . . — Cedar Rapids, Iowa, to Chicago, Ill. – Cedar Rapids, Iowa, to Chicago, Ill. . — Charleston, W. Va., to Washington, D. C. — Charleston, W. Va., to Washington, D. C. . — Chattanooga, Tenn., to Cincinnati, Ohio — Chattanooga, Tenn., to Cincinnati, Ohio . — Chicago, Ill., to Boston, Mass. gº tº — Chicago, Ill., to Boston, Mass. . . . — Chicago, Ill., to Kansas City, Mo. — Chicago, Ill., to Kansas City, Mo. . — Chicago, Ill., to Milwaukee, Wis. . — Chicago, Ill., to Milwaukee, Wis. . . — Chicago, Ill., to Minneapolis, Minn. — Chicago, Ill., to Minneapolis, Minn. 1st Class 1st Class Excess of Length of Express Express 50 Per Cent. Mail º Rate Rate Mail of Rate Over Mail for 1 for 100 Rate Express 50 RouteS 100-pound 1-pound Rate Per Cent. Package Packages of Express Rate 132.05 $1.00 $0.75 $ 0.50 $0.25 132.05 $21.00 0.75 10.50 . 326.86 1.40 0.88 0.70 0.18 326.86 22.00 0.88 11.00 748.20 2.90 2.53 1.45 1.08 748.20 23.00 2.53 11.50 476.17 2.20 1.97 1.10 0.87 476.17 22.00 1.97 11.00 145.71 1.15 0.56 0.58 145.71 21.00 0.56 10.50 496.90 1.60 1.37 0.80 0.57 496.90 22.00 1.37 11.00 247.34 1.15 1.52 0.58 0.94 247.34 21.00 1.52 10.50 205.57 1.25 0.58 0.63 205.57 22.00 0.58 11.00 218.30 1.25 - 0.71 0.63 0.08 218.30 22.00 0.71 11.00 387.71 1.75 1.44 0.88 0.56 387.71 22.00 1.44 11.00 338.15 1.85 1.40 0.93 0.47 338.15 22.00 1.40 11.00 1019.18 2.50 2.81 1.25 1.56 1019.18 23.00 2.81 11.50 454.00 2.10 1.52 1.05 0.47 454.00 22.00 1.52 11.00 85.00 0.90 0.29 0.45 85.00 21.00 0.29 10.50 423.79 2.00 1.19 1.00 0.19 423.79 22.00 1.19 11.00 Excess of Per Cent. Per Cent. 50 of Excess of Excess Per Cent. of Mail Of 50 Rate Over Per Cent. º: 50 of Express º Per Cent. Rate Over Mail Rate | of express Mail Rate Rate 50% $ 9.75 1300% 26% 10.12 1150% 74% 8.97 355% 79% 9.03 458% 0.02 4% 9.94 1775% 71% 9.63 703% 61% 8.98 591% 0.05 9% 10.42 1797% 13% 10.29 1449% 64% 9.56 664% 51% 9.60 686% 125% 8.69 309% 45% 9.48 623% 0.16 55% 10.21 3520% 19% 9.81 824% s It will be seen by comparing the last two columns that the Department finds that the railroad company received from the mail traffic a greater revenue than from express traffic, ranging from 13 per cent. to 125 per cent., whereas the last column, based upon 100 one-pound packages, shows that the railroad received from the ex- press traffic a higher revenue than from mail, ranging from 309 per cent. to 3,520 per cent. Taking one specific instance, Chicago to Milwaukee, the Department admits a higher earning to the railroad company from the express of 55 per cent. at the 100- pound rate, while our statement shows a greater earning of 3,520 per cent., or sixty times as great, based on the one-pound rate. A similar illustration will be made of the first fifteen examples shown on page 1274 in the table headed “Comparison of express and mail rates per 40 pounds.” The Department shows an excess of earn- ings to the railroad company from the mail varying from 4 per cent. to 110 per cent., while we show, on the basis of 40 one-pound packages, that there is a greater earning from express traffic, ranging from 311 per cent. to 3,400 per cent. : 22 Comparison of Express and Mail Rates Per 40 Pounds 1st—at the Rate for 40 pounds (in one package) used by the Post Office Department 2d—at the Rate for 40 pounds (in 40 one-pound packages) used by the Railroad Company 1st Class 1st Class * Excess of º: Per Cent. Length of Express Express e 50 Per Cent. º 50 of Mail of º Rate Rate Mail of Per Cent. | Rate Over O I o Mail for 1 for 40 Rate Express P º of Express 50 Per cent Routes 40-pound 1-pound Rate º * ent. Rate Over Per Cent. of Express Package Packages Xpress Mail Rate of Express Rate Over Rate Rate Mail Rate P. O. Dept. — Akron, Ohio, to Pittsburgh, Pa. 132.05 $0.52 $0.30 $0.26 $0.04 15% R. R. Co. — Akron, Ohio, to Pittsburgh, Pa. . 132.05 $8.40 0.30 4.20 $3.90 1300% P. O. Dept. — Altoona, Pa., to New York, N. Y. 326.86 0.68 0.34 0.34 - R. R. Co. — Altoona, Pa., to New York, N. Y. 326.86 8.80 0.34 4.40 4.06 1194% P. O. Dept. — Anniston, Ala., to Washington, D. C. 748.20 1.28 1.01 0.64 0.37 57% R. R. Co. — Anniston, Ala., to Washington, D. C. . 748.20 9.20 1.01 4.60 3.59 355% P. O. Dept. — Asheville, N. C., to Washington, D. C. . 476.17 1.00 0.79 0.50 0.29 58% R. R. Co. — Asheville. N. C., to Washington, D. C. . 476.17 8.80 0.79 4.40 3.61 457% P. O. Dept. — Ashland, Ky., to Cincinnati, Ohio 145.71 0.58 0.22 0.29 0.07 31% R. R. Co. — Ashland, Ky., to Cincinnati, Ohio 145.71 8.40 0.22 4.20 3.98 1809% P. O. Dept. — Buffalo, N. Y., to Boston, Mass. 496.90 0.76 0.55 0.38 0.17 45% R. R. Co. — Buffalo, N. Y., to Boston, Mass. 496.90 8.80 0.55 4.40 3.85 700% P. O. Dept. — Burlington, Vt., to Boston, Mass. . 247.30 0.58 0.61 0.29 0.32 1.10% R. R. Co. — Burlington, Vt., to Boston, Mass. . 247.30 8.40 0.61 4.20 3.59 589% P. O. Dept. — Burlington, Iowa, to Chicago, Ill. . 205.57 0.62 0.23 0.31 0.08 35% R. R. Co. — Burlington, Iowa, to Chicago, Ill. . 205.57 8.80 0.23 4.40 4.17 1813% P. O. Dept. — Cedar Rapids, Iowa, to Chicago, Ill. 218.30 0.62 0.28 0.31 0.03 11% R. R. Co. — Cedar Rapids, Iowa, to Chicago, Ill. g 218.30 8.80 0.28 4.40 4.12 1471% P. O. Dept. — Charleston, W. Va., to Washington, D. C. 387.71 0.82 0.58 0.41 0.17 41% R. R. Co. — Charleston, W. Va., to Washington, D. C. 387.71 8.80 0.58 4.40 3.82 65.9% P. O. Dept. — Chattanooga, Tenn., to Cincinnati, Ohio 338.15 0.86 0.56 0.43 0.13 30% R. R. Co. — Chattanooga, Tenn., to Cincinnati, Ohio 338.15 8.80 0.56 4.40 3.84 686% P. O. Dept. — Chicago, Ill., to Boston, Mass. . 1019.18 1.12 1.12 0.56 0.56 100% R. R. Co. — Chicago, Ill., to Boston, Mass. . . 1019.18 9.20 1.12 4.60 3.48 31.1% P. O. Dept. — Chicago, Ill., to Kansas City, Mo. 454.00 0.96 0.61 0.48 0.13 27% R. R. Co. — Chicago, Ill., to Kansas City, Mo. 454.00 8.80 0.61 4.40 3.79 62.1% P. O. Dept. — Chicago, Ill., to Milwaukee, Wis. . 85.00 0.48 0.12 0.24 0.12 100% R. R. Co. — Chicago, Ill., to Milwaukee, Wis. . 85.00 8.40 0.12 4.20 4.08 3400% P. O. Dept. — Chicago, Ill., to Minneapolis, Minn. . 423.79 0.92 0.48 0.46 0.02 4% R. R. Co. — Chicago, Ill., to Minneapolis, Minn. . 423.79 8.80 0.48 4.40 3.92 816% § Now, neither of these calculations would give a fair idea to your Committee of this subject, because the truth is somewhere between the two extremes, but we do not feel required to submit an apology for stating the maximum earnings when it seems to be necessary to illustrate the un- fairness of the Post Office Department in making their comparison on the minimum earnings. 1, ºr 1. Ós The Importance of the Average Haul in Comparing Express and Mail Rates The Interstate Commerce Commission has attributed to the average express pack- age a haul of about 200 miles. The Post Office Department has asserted that the average haul of mail, including equip- ment, is about 620 miles. If these esti- mates are accepted it must be assumed that the radial activity of the mail traffic is three times as great as the express traffic. It would also have to be borne in mind that the express rates prescribed by the Interstate Commerce Commission start with 21 cents for the first pound and then go through a process of declension accord- ing to increasing weight and increasing distance. It is easily demonstrable that the return received by the railroad com- pany from an express package weighing one pound is at a higher ton rate than the revenue received from the mail even for a transcontinental haul. It is also easily demonstrable that the railroad company receives for an express package of 100 pounds a higher rate than from the mail on a haul of over 100 miles, but we are not able to say at what weight and at what distance the neutral point would occur as between the express traffic and the mail traffic. This would require a long and intricate investigation, and even after it was made it would still be necessary to make allowances between the two services by appraising the differences in the contractual relations and operating conditions already alluded to. However, it should not escape notice that in the list of specific shipments quoted by the Post Office Department on pages 1272– 1276 only two are under 100 miles, while 112 are over 100 miles; also that 93 of the instances are over 200 miles as com- pared with 21 instances under 200 miles. We may conclude the statement by re- marking that if the railroads received 50 per cent. of the gross postal revenues as they do of the express revenues, the amount of railway mail pay for the year 1913 would have been $133,000,000 in- stead of $51,466,000. Instead of getting 50 per cent. of the postal revenues the rail- roads receive only about 19 per cent. $º ºr sº ºr The Proposed Space Basis for Railway Mail Pay In connection with the very ample tes- timony already submitted by the railroads relating the unavoidable complexities and causes of irritation that would be in- herent in the Department’s proposal that the pay be adjusted on the basis of car space authorized, we deem it important to call your attention to two or three facts: First. Those who have previously in- vestigated the subject and concluded that space rather than weight would be a fairer basis were either unaware or unfamiliar with the administrative difficulties that would be encountered in connection with any space basis of pay. Second. The Elmer, Thompson and Slater Committee, composed of high of ficers of the Post Office Department, recomended the space basis, but were care- ful to insist that for the protection of the Government it must be coupled with a prescribed average weight to justify a certain amount of space. Third. None of the previous investi- gators who reached a conclusion in favor of the space basis could have had in con- templation the present condition of the 24 parcel post service that already deals with packages weighing as much as 50 pounds, with intimations of still further increase in the weight limit, thus placing the Post Office Department in competition with the railroad companies and the express com- panies in the transportation business. Any law fixing rates and terms on a space basis would leave the measure of pay for transportation to be interpreted by the Post Office Department according to the discretion it must necessarily have as to the amount of space it would authorize, and this power coupled with the power already held to increase the weight limit indefinitely and to lower the rates indefi- nitely would make it impossible for the railroads to Secure a compensatory basis of pay except at the pleasure of the De- partment. x * * * Continuance of Fast Mail Trains Endangered It is proper to call the attention of the Joint Committee to the injustice of a space basis to the heavy traffic routes on which mail is largely handled in expedited fast mail trains. These trains are costly to operate, conduct a heavier load of mail in generally heavier cars, at faster speed than the average transportation, and the proposed space pay would be so inadequate as to make the operation of these trains very unattractive. There are forty mail routes in the United States handling 56 per cent. of the ton mileage of mail, for which service these routes would receive on a space basis only about 34 per cent. of the compensation, receiving no more per car mile than lighter traffic routes, although the average load per car on the 40 heavy traffic routes is two and a half times as great as on other routes. sult through better loading. Space Basis Unjust A space basis is not only unjust to the larger roads, but is unfair to the railways as a whole in denying to them the privi- lege of some return from operating econo- mies due to larger car loading, all of which would inure to the Government. Under the present law, the benefits of heavier car loading would be shared by both—the rail- roads receiving more pay for the increased tonnage, but performing the service at a decreased ton-mile rate. Under a space basis for payment, the railroads would be limited to a fixed revenue per car mile, regardless of tonnage and the extent to which the Post Office Department might enlarge the weight limit of the parcel post and load cars with 15 to 20 tons each without additional compensation to the A future situation might even be imagined under which carload traffic might be handled in this way on passenger trains at rates per ton mile no higher than ordinary freight rates. railroads. The cost of operating a train mile in the last 20 years has increased 50 per cent. To meet these advancing costs of labor and material the railways are justly entitled to a fair share of the greater revenues per car mile unit that may re- The space basis not only denies this, but actually imposes some added cost due to the greater tonnage carried. Had a space plan ap- plied, for example, to freight transporta- tion, it is safe to say that the advancing operating costs would have long ago forced most of the roads into financial ruin through prohibiting the greater earnings they have received per train mile unit through heavier loading. 25 Conclusion In conclusion, we believe that your Committee in deciding this ques- tion, which is really one between the citizens who ship traffic through the medium of the Post Office Department and the citizens who carry the traffic through the medium of the railroads, will not be concerned as to the personal feelings of those who have conducted this debate on the one side or the other, but will render its judgment in accordance with the best interests and the abiding interests of the American people. COMMITTEE ON RAILWAY MAIL PAY Representing 264 railroads carrying mails on over 218,000 miles of line. RALPH PETERS, Chairman. April 30, 1914 26 “It seems clear that the railway mail service is at present unremunerative to the carriers.” —LOUIS D. BRANDEIS, in his brief submitted to the Interstate Commerce Commission in the 5 per cent. advance rate case. Mr. Brandeis Finds the Railroads Are Not Overpaid for Carrying the Mails HE Interstate Commerce Commission retained the | services of Mr. Louis D. Brandeis as Special Counsel in connection with the application of railroads in official classification territory for an advance of 5 per cent. in freight rates. Mr. Brandeis made a careful study of every phase of railroad operation. With his opinions as to remedies the railroads have expressed a difference of viewpoint. The findings of fact at which Mr. Brandeis arrived with reference to the compensation paid the railways for carrying the mails, embody, however, a valuable contribu- tion to the subject, and are therefore reprinted by the Rail- way Mail Pay Committee representing the railroads of the COuntry. Mr. Brandeis' findings, which follow, represent his in- dependent advice to the Interstate Commerce Commission: What Mr. Brandeis Said in His Brief Closely allied to the passenger service is the carrying of the mails. the main, on passenger trains. With a view to safety, wooden mail cars are being retired and steel cars introduced; and this change has now been made compulsory. (Act of Congress, August 24, 1912.) Improvement in car fittings have added to the comfort of the railway postal officials. The added weight increases the cost of haul and the wear on the road- bed. . . . - Improvements in car fittings have added to cost of the car and of its main- tenance. Steel construction adds nothing to the carrying capacity. The Govern- ment pays no additional remuneration for the added safety and comfort. It moves, in ing an investigation of the postal service ex- tending over three years, reported to Congress their conclusion that the pay of the railroad companies for the transportation of the mails was not excessive, and recommended that no re- duction be made. The conditions existing on the Pennsylvania Railroad System and services by the Company for the Post Office Department were given special study by the commission and its experts, as the printed proceedings show. Since that time the rate of pay has been re- duced by law and by the regulations and prac- tices of the Post Office Department, so that it does not now give a fair remuneration for the weight and car space carried and provided and for the auxiliary services in connection there- with. A comparison of a few principal items from the annual reports of the Pennsylvania Railroad Company for 1900 and for 1911 will illustrate this point most forcibly: What the Pennsylvania Railroad Co. Figures Show Per cent. 1911 1900 Increase. of Increase. Freight ton mile age . . 19,419,779,983 || 11,922.671,210 7,497, 108,773 62.88 Passengers carried 1 mile . . . . . . . . . 1,722,734,924 918, 198,602 804,536,322 87.62 Freight revenue . . $114,069,932.34 $64,390,452.51 $49,679,479.83 77.15 Passenger revenue . . $34,113,529.48 $18,181,081.77 $15,932,447.71 87.63 Gross revenue . . . . . $163,118,139.61 || $88,534,107.24 $74,584,032.37 84.24 Oper a ting expenses (except taxes) . . . . . $120,384,321.90 || $58,832,157.48 $61,552,164.42 104.62 Taxes . . . . . . . . . . $6,826,069.53 $2,027, 160.38 $4,798,909. 15 236, 73 U n i t e d States mail ton mile age . . . . . 35,859,120 17,608,063 18,251,057 103.65 U n i t e d States mail I CW e In Ul 6: . . . . . . . $2,445,557.86 $1,537,384.63 $908,173.23 59.07 Express revenue . . $4,376,098.81 $1,817,358.75 $2,558,740.06 140.79 Congress appointed a special commit- tee to investigate the compensation of the railroads for carrying the mail. (a) In testifying before the committee Mr. V. J. Bradley, general supervisor of mail traffic on the Pennsylvania, stated (Railway Mail Pay Hearings, pp. 432- 433): Mail pay in comparison with other revenues and eacpenses.—In January, 1901, the joint commission of the House and Senate, conclud- In the above statement the United States mail ton mileage is considerably below the true figures, because the latest weighing east of Pittsburgh took place in 1909, and there was a heavy increase in the following two years. But taking the figures as they stand, the mail traffic increased more than any other traffic in per- centage, while the pay is the lowest in the scale of increase and is the only one that recedes as the volume of business advances. Postal-car pay.—During the past five years the company has entirely replaced its postal cars by new all-steel 70-foot cars at a cost for the 120 cars of about $1,500,000. It adopted the policy before there was any national law requiring steel cars. These cars cost 50 per cent. more to build, and as they are 50 per cent. heavier, they cost more to haul. The cost of maintenance (including electric lights) is also much greater. The interior facilities for sorting the mails are also considerably greater for the purposes of the Post Office Department. When one seeks to ascertain what was the addi- tional remuneration of this great improvement he finds: t Annual pay to Pennsylvania R. R. System for R. P. O. cars : . June 30, 1907 . - $920,721.15 July 1, 1912 669,261.21 Reduction, $251,459.94 Of this reduction, about $172,000 was caused by the act of March 2, 1907, reducing pay for R. P. O. cars. About $73,000 represents de- partmental reductions in pay, mainly without regard to the operating conditions. The present pay for R. P. O. cars on the Pennsylvania Lines averages about 4.4 cents a running mile, and as the cost of repairs, light, heat, etc., is about 3.4 cents, only 1 cent a mile is left for the cost of hauling and a return on the capital invested of the road upon which they are hauled. Mr. Bradley estimates that the Penn- sylvania System alone, which carries about 16 per cent. of the mail tonnage and received 11 per cent. of the total mail pay, was underpaid for its services about $3,300,000. (b) Chairman Elliott in his statement to stockholders April 11, 1914, declared: This company is underpaid for the carriage of mail and parcel post. For the carriage of mail and for other services performed by this railroad for the Post Office Department the Government is now paying about $725,000 per annum. This amount includes $21,000 for the parcel post. This is 9 per cent. less than the payments made for the mail service during the four-year period ending June 30, 1909, when the parcel post was not in operation. A study by chartered accountants made three years ago indicated that $1,400,000 was approximately the sum to which the company was entitled for about half that sum, and since then the parcel post has been added, with no corresponding in- crease in pay, on account of which the railroad is receiving at least $700,000 per year less than it is fairly entitled to for carrying mail and parcel post. (c) Mr. Ralph Peters, president of the Long Island Railroad and chairman of the railroad committee, declared that the railroads of the United States, which re- ceived for mail pay in 1911 $50,099,- 537.02, were underpaid at least $15,000,- 000. (Railway Mail Pay Hearings, p. 47.) - (d) Mr. Robert H. Turner, secretary of the committee appointed by Congress, reached the conclusion that the railroads were underpaid approximately $12,000,- 000 (Railway Mail Pay Hearings, p. 962); and Mr. M. O. Lorenz, associate statistician of the Interstate Commerce Commission, thought the evidence indicated an under- payment of at least 10 per cent., although he recommends a further test of the con- clusions. (Railway Mail Pay Hearings, p. 894.) The post office authorities have opposed an increase in pay. The special commit- tee appointed by Congress to investigate the compensation of railroads for carry- ing the mail has not yet made its report. The amount properly payable is a matter not easily determined. Not only is the actual cost to the rail- roads of this service in dispute, but there is a wide divergence of view as to whether the Government should pay a fair return or profit on the railroad property used in carrying the mail. BUT WHATEVER CONCLUSION MAY BE REACHED ON THESE MATTERS, IT SEEMS CLEAR THAT THE RAIL- WAY MAIL SERVICE IS AT PRESENT TJNREMUNE RATIVE TO THE CAR- carrying the mail. Instead, it was receiving RIERS. What Mr. Brandeis Said in His Oral Argument Mr. Louis D. Brandeis, on behalf of the Interstate Com- merce Commission, May 1, 1914, in the closing proceedings of the Case of the Railroads Petitioning for Five Per Cent. Increase in Freight Rates, said, concerning railway mail pay: Then there is another element in con- nection with this passenger train service which we expect to find unremunerative, and more and more unremunerative, and that is the matter of the railway mail pay. A committee of Congress is now in- vestigating this subject, and it would be improper in advance of that investiga- tion to express any opinion, certainly as to what the Government ought to pay for the railway mail service. It is contended by the representatives of the Government that the ordinary rules should not apply as to compensation; that by reason of what the Government has given to the railways in protection, in rights of way and the like, there should not be expected that same return upon Government business that there is upon private business. It is unnecessary to express any opin- ion as to whether that view is correct, or is not correct. But it seems to be con- tended by the railway representatives, and sincerely contended by them, that there is a great underpayment, and the representatives of the Baltimore and Ohio, figuring that on the basis of the passenger train expenses, figured an underpayment to the Baltimore and Ohio of over five hundred thousand dollars a year. It would not be surprising if that was correct; it would not be surprising if Mr. Peters’ contention that fifteen million dollars are withheld from the railroads, which ought to be paid to them, is correct. We know that there is a weighing of mails only once in four years, and we know the rapid increase in mail weight each year. We know that since the parcel post has been introduced that increase has been particularly rapid. It is not for us, as I say, to determine whether the Government ought to pay more or not, or what the considerations ought to be; but WE CANNOT, I THINK, FEEL ANY GRAVE DOUBTS, IF WE EXAMINE THE FIGURES WHICH HAVE BEEN SUBMITTED TO THE COMMITTEE, THAT THAT SERVICE WHICH IS CARRYING THE RAILWAY MAILS IS AN UN REMU NERATIVE SERVICE TO THE RAILROADS. The Proper Basis of Railway Mail Pay A consideration of “A Bill to Amend the Postal and Civil Service Laws, and for Other Purposes” (H.R. 17042), introduced in the House of Representatives June 4, 1914, by Mr. Moon, of Tennessee. The bill covers a large number of unre- lated proposals before it reaches the sub- ject of Railway Mail Pay. Some of these proposals are probably meritorious, while others will no doubt be criticised and op- posed by large numbers of American citi- Zé]].S. These proposals will now be briefly re- ferred to : Pages 1 and 2: Weighing of Mails in Flooded Dis- tricts.-In this the Post Office De- partment seeks authority to average the weights, when railway train servi ice during a weighing period is sus- pended by floods, etc., so that the re- Sults will be more nearly normal. As the purpose is to correct unavoid- able irregularities and the amendment is confined to this purpose, there appears to be no reason for objection. Page 2: Parcel Post—Additional Pay to Railroads.-This proposes to increase by one-half of 1 per cent, the pay of the railroads for increased tonnage resulting from the Postmaster Gen- eral’s order effective August 15, 1913. This would amount to about $250,000. The railroads have regarded this allow- ance as ridiculously inadequate The Post Office Department did not conduct a weighing to discover the additional ton- nage transported, and the railroad com- panies have not been accorded an oppor- tunity to examine the data upon which The express companies pay the railroad companies about 50 per cent. of their gross revenues for transportation. In Great Britain the Government pays the railroads 55 per cent. of the postage from parcel post packages carried by rail. The United States Postmaster General esti- mated that the Post Office Department would have a revenue of $60,000,000 from parcel post during the year beginning July 1, 1914. The pay allotted to the railroads, both from the original 5 per cent. increase allowed by Congress and from the proposed one-half of 1 per cent. would, together, be less than $2,000,000. Page 3: Diversions of mail from one rail- road to another between weighing periods may be followed by readjust- ment of pay even if the weight be less than 10 per cent. The principal result of this law would be a great grant of unrestrained power to the executive branch of the Government as represented by the Postmaster General. The law of 1873 requires the actual weighing of the mails for not less than thirty successive working days. The law of 1905 increased the minimum period to ninety successive working days. The pro- posed law would take off all limitations in the law of August 24, 1912, and permit the Postmaster General “in his discretion” to weigh the mails for such number of successive working days “as he may de- the Department arrived at its estimate. termine” and readjust the pay. Instead of weighing mails of the United States by four groups, each made up of several States, a Postmaster General by merely diverting a few pounds of mail from one route to another could weigh the mails on a particular railroad by a spe- cial weighing, while another railroad in the same section would have to await the regular quadrennial readjustment to ob- tain an increase of pay for increased ton- Image. The proper course to reach the fair re- sult is a more frequent general weighing —say annually—so that all will be treated equally and thus lessen the temptation for executive officers to be partial instead of increasing the temptation to the limit, as the proposed law appears to do. Pages 3 and 4: - Bonding of, and Civil Service ex- aminations of Assistant Postmasters. This will probably be fully discussed by those who are especially interested in questions of civil service and party poli- tics, and is not within the scope of this brief. Page 4: Postmasters’ salaries — Adjust- ments. Not discussed in this brief. Page 5: - Postmaster General may establish branch post offices, etc. Not discussed in this brief. Pages 5 and 6: Repeals the Act of Congress of August 24, 1912, restraining the Postmaster General from extending the practice of sending second-class mail by freight trains. From the railroad viewpoint there is no question but that the Post Office De- partment as a shipper should have ac- cess to any class of transportation—pas- senger, express or freight—provided al- ways that it respects the laws and policies of the people as represented in congres- sional enactments and its contractual ob- ligations with the carriers. When, in 1911, under the Hitchcock administration, the Post Office Depart- ment commenced to send periodicals by freight, it had no law to justify its action. The only recourse of a publisher would have been to pay the third-class rate, equal to 8 cents a pound, an increase of 700 per cent. So far as the railroads were affected, it was an effort to reduce their mail revenue from storage cars that were supposed to yield a profit without a corresponding ef- fort to increase their mail revenue from R. P. O. cars and mail apartment cars, which were supposed to be rum at a seri- ous loss. All good citizens should approve and honor any effort by an executive officer to decrease the public expenditures, provided always that the means adopted are fair and honorable. Page 6: Services performed by others for mail contractors may be compensated by the Postmaster General. Not discussed in this brief. Pages 6 and 7: Temporary mail service may be provided by the Postmaster General without advertisement. Not discussed in this brief. Pages 7 and 8: Letter boxes or mail carriers—AS- sault upon—Penalty prescribed. Not discussed in this brief. Page 8: Confederate or Federal veterans to be exempt from age limitation. Not discussed in this brief. Page 8: Postal savings limit—$1000. Not discussed in this brief. Pages 8 and 9: Postal Savings—Official Annual Report. Postal Savings—No pay to postal employes for labors in its behalf. Not discussed in this brief. Mail— Railway Mail Pay l’ages 9 to 22: The rest of the bill—about four- teen pages—is devoted to a new method of compensating the rail- roads for carrying the mails. The report of the Moon Committee, Sub- mitted with the bill, declares that the new plan, if adopted, will result in a saving of about $3,000,000 a year. This so-called “saving” would be at the expense of the railroads because the Post Office Department drafted the proposed law, prescribed the amount of free and incidental service it would require, and named rates for each car mile run which are far below the present earnings of rail- road companies from passenger train service. The passenger train service is well known to be generally unremunera- tive, so that the proposed rates for mail cars are far below rates that in themselves are already inadequate. In view of this situation it is perhaps not surprising that one of the final clauses of the pro- posed law compels the railroad companies to perform the service at the rates named or suffer a penalty of $5000 for every failure. The new plan is suddenly brought for- ward by the Post Office Department to anticipate a report of the Joint Commit- tee of Senators and Representatives which was appointed by Congress to consider this whole subject and has been studying it for the past two years. It is expected to file its report at an early date, after reviewing the testimony comprised in 1600 pages of printed matter. It is quite possible that the railroads will be obliged to differ with the conclu- sions of the Joint Congressional Commit- tee after its report is made, but they at least have sufficient faith in the strength of the facts submitted to the Joint Com- mittee under oath to await with confi- dence the report of the committee ap- |pointed by the people’s congress to de- The action of the Post Office Depart- ment in pressing forward through the Moon Committee its own bill, and the acquiescent action of the House of Rep- resentatives in preparing for its consid- eration, has created a situation in the legislative field that is probably unprece- dented. Any comment appropriate to this situation may properly be left entirely to those Representatives and Senators who are vested with the authority and responsibility for regulating ared insuring orderly legislative procedure. Present Laws Relating to Railway Mail Service Before taking up for discussion the general purposes and the particular pro- visions of the Post Office Department measure, it is first important to survey the scope and requirements of the present laws, remembering that the basic law has been in effect since 1873, or 41 years. A brief Summary of substantially all of the laws relating to railway mail service is here given : Laws Relating to Compensation 1873, March 3. Postmaster General author- ized and directed to readjust compensation on the basis of a rate of pay per mile per annum according to the average daily weight carried on the route, the rate of pay decreasing as the weight increases; the weight to be determined by an actual weighing of the mails for not less than 30 successive working days and not less frequently than once in every four years. 1873, March 3. R. P. O. Cars. Additional pay will be allowed for a daily trip of full railway post office cars forty feet or more in length at a prescribed rate per £ll] lllllll. 1876, July 12. The law prescribes a 10 per cent. Teduction in the weight rates. 1878, June 17. The law prescribes a further reduction of 5 per cent. in the weight rates. 1905, March 3. The law prescribes that the weighing of mails shall be for not less than 90 successive working days instead of 30 successive working days. 1907, March 2. The law prescribes a 5 per cent. reduction in weight rates over 5000 pounds, daily average, and 10 per cent. on weights over 48,000 pounds, daily termine this question. average. 1907, March 2. The law prescribes a reduc- tion in R. P. O. car rates, 8 per cent. to 20 per cent., according to length of car. 1912, August 24. Postmaster General author- ized to readjust pay and have special Weighings, in his discretion, if mail is di- verted from one route to another to affect at least 10 per cent. of the weight on either route. 1876, July 12. Land grant railroads will be paid 80 per cent. of the regular rates. Laws Relating to Performance of Service 1872, June 8. Every railroad company carry- ing the mail shall carry on any train which may run over its road all mailable matter with the person in charge of the Same. t 1873, March 3. The mails shall be conveyed with due frequency and speed; and suffi- cient and suitable room, fixtures, and fur- niture, in a car or apartment properly lighted and warmed shall be provided for route agents to accompany and distribute the mails. 1879, March 3. The Postmaster General shall in all cases decide upon what trains and in what manner the mail shall be con- veyed. - 1879, March 3. All cars or parts of cars used for the Railway Mail Service shall be of such style, length and character, and fur- nished in such manner as shall be re- quired by the Postmaster General, and shall be constructed, fitted up, maintained, heated and lighted by and at the expense of the railroad companies. 1907, March 2. The Postmaster General is required to withdraw from the mails the postal supplies, when in freightable lots, and transmit them by freight or express. 1911, March 4. Postmaster General allowed in emergencies, from November 15th to Jan- uary 15th, to send empty mail bags by mail instead of by freight or express. 1911, March 4–1912, August 24. Prohibition against paying railroad companies for wooden full R. P. O. cars if run in con- junction with steel passenger cars, and re- quirement that after July 1, 1917, no full R. P. O. car shall be paid for unless con- structed of steel cr steel underframe, nor unless sound in construction and sanitary as to drinking water containers and toilet facilities and general cleanliness. Fines, Deductions, Etc. 1872, June 8. The Postmaster General may make deductions for failures to perform service and impose fines for other delin- quencies. He may deduct the price of the trip, and not exceeding three times the price if the failure be occasioned by the fault of the contractor or carrier. 1881, March 1. Any railroad company failing or refusing to provide R. P. O. cars when required by the Post Office Department, or safety heaters or safety lamps, with such number of saws and axes as may be required in case of accident, shall have its 1st.—What are the intrinsic merits or de- merits of the present law? 1884, July 5. If any railroad company shall fail or refuse to transport the mails when required by the Post Office Department upon the fastest train or trains run upon said road, said company shall have its pay reduced 50 per centum of the amount pro- vided by law. The Basic Principle It is evident that the present laws rest upon the basic principle of the convey- ance or transportation of the mails, in- cluding a person in charge of them; that due frequency and speed are prescribed in the laws of 1873, which meant at that time 6 times a week service each way, or one daily round trip, at the rate of speed scheduled for passenger trains; that the Postmaster General decides on what trains and in what manner the mails should be conveyed, and decides the style and character of the fixtures and furni- ture installed in the postal car or apart- ment wherein the mails are opened and assorted while traveling. The Rates The original rates of 1873, which have been reduced several times, are shown in the following table, both as to 1873 and the present year 1914; also the daily pay corresponding to the yearly rates named in the law : Pay for Weight Transported Average Daily Weight Annual Pay per Mile Daily Pay per Mile Carried Over Whole of Route of Route Length of Route, 1873 1914 1873 1914 Pounds Cents 200 . . . . . . $50.00 $42.75 16 12 e 64.12 24 18 1,000 . . . . . . 100.00 85.50 32 23 1,500 . . . . . . 125.00 106.87 40 29 2,000 . . . . . . 150.00 128.25 48 35 3,500 . . . . . . 175.00 149.62 56 41 5,000 . . . . . . 200.00 171.00 64 47 Per ton (2000 lbs.) up to 48,000 . . . 25.00 20.30 8 5% Per ton (2000 lbs.) over 48,000 . . . 25.00 19.24 8 5% The last column gives the present daily pay per mile of route, but does not make allowance for the number of trains that carry the weight. To get the earning per mile for each train, divide by the num- ber of trains carrying the weight. Illus- tration No. 1–If a railroad carries 5000 pounds daily on 10 trains, the earning of each train would be 1/10 of 47 cents, or 4.7 cents for 500 pounds, or 9 mills a mile per 100 pounds. —If a railroad carried 10,000 pounds daily on 10 trains, the earning of each train would be 1/10 of 61 cents, or 6.1 cents for 1000 pounds, or 6 mills a mile for each 100 pounds. Illustration No. 3 —If a railroad carries 10,000 pounds daily, the excess pays 5% or 5% cents a ton per mile. This is equivalent to 2% mills for carrying 100 pounds one mile. Additional Pay for Full R. P. O. Cars Annual Rate per Mile (round trip) Daily Rate per Length of Car Mile Run 1873 1914 1873 1914 Cents 40 feet . . . . $25.00 $25.00 3.4 3.4 45 feet . . . 30.00 27.50 4.1 3.8 50 feet . 40.00 32.50 5.5 4.4 55 or more feet . . . . . 50.00 40.00 6.8 5.5 Illustration No. 1–If a railroad car- ried 5000 pounds daily in one round trip of a 60-foot R. P. O. car and had no other mail service, the earning would be 23% cents per mile for the weight of mail and 5% cents for the R. P. O. car, or a total of 29 cents a mile—a fairly satisfactory rate. Illustration No. 2—If the railroad car- ried over 5000 pounds daily, and the ex- cess to the extent of 2% tons (the aver- age load of an R. P. O. car) were con- veyed in a 60-foot R. P. O. car, the earn- ing would be 12.4 cents per car mile for the weight carried, plus 5% cents for the R. P. O. car, or less than 18 cents Illustration No. 2 Postal Requirements Covered by Postal Regulations Supple- menting the Law There are a large number of Postal Regulations supplementary to the laws which add to the duties and burdens of railroad companies. Among these are: Sec. 1339–Free transportation for all agents of the Post Office Department and Post Office Inspectors. Sec. 1341—Rooms at railroad stations for pos- tal purposes; to be provided, heated, lighted and cleaned at the expense of the companies. Sec. 1346–Side and terminal delivery to post offices and transfer between railroad sta- tions. 1351–Late mails to be kept overnight at railroad stations, to permit the post office. to close. Sec. 1354–Holding passenger trains for mails, unless the Post Office Department permits an exception. Sec. 1355–To stop passenger trains “at all points” that the Post Office Department deems necessary for exchange of mails. Sec. 1355–Engineer to give notice of approach- ing a mail crame to relieve the postal clerk. from watching out. Sec. 571—Companies must erect mail cranes. or other devices for receipt and delivery of mails, or else stop their trains. New requirement that trains must stop. for the exchange of fragile parcel post matter. Sec. 1484—Companies must make monthly statement under oath of all failures to, operate mail trains, etc. Also a requirement, not yet in law or regulation, that R. P. O. cars and apart- ments be placed in railroad depots for ad- vance postal work, ahead of making up, train—sometimes several hours in advance. Sec. The Need for New Legislation The bill prepared by the Post Office. Department as regards railroad mail service and pay proposes a complete and revolutionary change in the method, rates and conditions. It revives the old proposal to measure the service performed and the rates of pay by car space authorized instead of on the actual weight of the mail carried. The space plan has been discussed for many years, and has been advocated to Congress several times in the past, but a car mile—a very inadequate return. Congress has always refrained from adopt- ing it. It is considered by many to be full of danger to the Government as well as to the railroads, mainly for the reason that car space is a factor that has such a large margin of variation according to the load to be carried and the purpose for which it is used, and is, therefore, so subject to determination on personal opinion as to lend itself on the one hand to action that might be tyrannical toward the railroads, or, on the other hand, to favoritism which, if surmised or detected, would be difficult, if not impossible, to prove. The Post Office Department’s space plan is the latest of a series of plans pro- posed by itself since 1911. All of these plans vary as to the scientific basis of pay or the method of applying the pay. Each new plan, when introduced, has been announced as the perfect solution, only to be superseded by a later plan of a radi- cally different type. All of the several proposed bills contain, however, a num- 'ber of proposed laws which seek to give complete and arbitrary power to the Post Office Department which would enable it to be independent of and superior to the specific units of operation or rates of pay which are named in the bills, but are all subject to the opinion of the postal officer who would have the administration of the service. Before any steps are taken to formulate Inew legislation, and least of all an en- tirely new method, it would seem wise to ascertain : 1st.—What are the intrinsic merits or de- merits of the present law? 2d.—Has it operated to the advantage or disadvantage of the Government or the rail- road companies? and 3d.—If these inquiries bring out reasons for new legislation, should the new legisla- tion be in the direction of perfecting the present law or venturing upon a new experi- ment? s The Present Law—Its Intrinsic Merits and Demerits The present law is based on the weight of mail transported and, therefore, has a direct relation to the amount of busi- ness transacted by the Post Office Depart- ment from year to year and relatively to the amount of revenue derived from the business by the Post Office Department from the people. It is based on the re- tail principle and the wholesale principle by providing a lower rate of pay rela- tively for heavy weights than for light weights. For example, a railroad carry- ing an average daily weight of 2000 pounds receives three times as much pay per mile as a railroad carrying 200 pounds a day, although the weight car- ried is ten times greater. A railroad carrying 5000 pounds a day gets four times as much pay as a railroad carry- ing 200 pounds, although the weight is twenty-five times greater. A railroad carrying over 5000 pounds a day receives a rate for each additional ton that is only one-half as much as the pay re- ceived by a railroad company for the first 200 pounds. It may, therefore, be con- cluded that the plan is scientific as being based directly upon the character of serv- ice rendered with due regard for a de- clension in the rate according to increas- ing quantities. A demerit of the present law is that it does not give direct recognition to the value of frequency of train service. When the law was passed in 1873 the usual frequency was one train each way daily, or six round trips a week. As all mails carried over a route are merged into one amount to ascertain the average weight carried daily over the whole route, the greater train frequency of the present day is not given due recognition; but this Works to the financial advantage of the Government. The Present Law—Its Advantages and Disadvantages The first question under this head is whether the law of 1873 paid too much or too little in 1873, and whether it paid too much or too little in 1913. A brief answer is obtained from consulting the official records. For the year 1873 the gross postal revenues were about $23,- 000,000, and the railway mail pay $7,- 257,000, or about 31% per cent. In 1913 the gross postal revenues were $266,000,- 000, and the railway mail pay $51,000,- 000, or about 19 per cent. & Another authoritative answer is ob- tained by converting the weight rates into space rates. Here is an example: The highest relative rate for weight is for the retail unit of 200 pounds a day, and as shown above this is equal to 12 cents per mile of route. If one round trip of mail were made in a 15-foot apartment car, the rate just mentioned would pay 6 cents a running mile. Raising this to a corresponding rate for a 60-foot car, we obtain 24 cents per running mile, which is less than the average passenger car mile earning for the whole country, and was no doubt much less in 1873. The protests of railroad companies following the passage of the law of 1873 and the concessions made by Post Office Depart- ment officers at that time would also tend to confirm the statement that the rates of 1873 were not fully compensatory. It is, therefore, clear without going into ex- tended comparisons and statistical pres- entations that the financial results of the law of 1873 have been of advantage to the Government and to the disadvantage of the railroad companies. The laws have given the Postmaster General extensive power in regard to the operations of the railroad mail service, even when this power intrenches upon the regularity, safety and freedom of pas- senger train operation, probably because there was no Interstate Commerce Com- mission until 1887. In any new legis- lation at the present day it would seem advisable to consider the present condi- tions, and while giving the Postmaster General large powers so far as the postal terstate Commerce Commission any gen- eral powers which apply to the operation or holding of trains and other railroad conditions which have a larger relation. and more general importance to the peo- ple as a whole. - Additional burdens and expenses not. contemplated in the laws have been im- posed upon the railroads by means of postal regulations supplementing the laws,. and it would seem wise in taking legis- lative action at the present time to cor- rect these conditions so that any similar tendency as to the future should be re- stricted and somewhat curbed. The railroads have continued to carry the mails and to supply the very best fa- cilities for over forty years past, notwith- standing the belief that the rates were: unremunerative and the conditions some- what oppressive. They have asked relief as follows: 1. That the mails should be weighed. annually instead of quadrennially, as at present. The present laws permit of this and the relief desired is against the practice. of the Post Office Department for the past twenty or twenty-five years in de- clining to make this readjustment, thus. ignoring it is believed common and fair business principles. 2. They have requested that mail apartments fitted up as traveling post. offices should be paid for similar to the payment made for full R. P. O. Call'S. This would give recognition to the great present frequency of R. P. O. train service and would perfect the application. Of the law of 1873. 3. That side and terminal messen- ger service between railroad stations. and post offices, and other special serv- ices, should be paid for. This seeks relief from or compensation for additional services imposed by the Postal Regulations which should have function is concerned, transfer to the In- been separately provided for by the Post Office Department and duly recommended to Congress in years past for appropria- tions. 4. They have asked that all rates of pay and conditions of service should be definite and not subject to the discre- tion of employes of the Post Office De- partment. This recommendation is in the direc- tion of stability and fairness, and to pre- vent official favoritism or official arbitrary action, which is just as deplorable and oppressive to railroad carriers as would any action of Government similar any Department toward citizens generally. The recommendation of the Railroads’ Committee is, therefore, for a few amend- ments in the law that would correct the inequalities of the present day from the law or from the postal regulations, but otherwise keep intact the original law, which is scientifically sound and mani- festly in the interests of good govern- ment and good service, and is supported by the good departmental practice of forty years’ dealing with particular cases between the Post Office Department and the railroads, resulting in a mutual rela- tion which is in a large measure definite and understood. A recourse to entirely new legislation would wipe out or trans- form all of the precedents and decisions which necessarily rest upon the interpre- tations and observances under the old law. Inasmuch as the causes for the present discontent and petitions for relief are al- most entirely due to the regulations and practices of the Post Office Department rather than to the law itself, the time is not opportune—if it ever could be op- portune—for favoring any new legisla- tion which would widen the possibility of purely departmental control of a sit- uation which the interests of the people require should continue to rest in Con- gress. Shall New Legislation be Amendatory Or Reconstructive P If there is claimed to be a need for radical and reconstructive legislation, the burden of demonstrating its necessity should rest upon those who make the claim. What is the general situation? 1. The railroads are all carrying the mail, and carrying it on all trains and on the fastest trains needed by the De- partment, so that the United States Railway Mail Service has a greater ex- pedition and higher reputation than any in the civilized world, notwith- standing that the railroads consider their pay deficient and that certain op- pressive conditions should be rectified. 2. As the service is admitted to be of the highest character, and the cost to the Government has been demon- strated to be below the full cost to the companies, there is no need of legis- lation to reduce rates so far as the Government is concerned. 3. Parcel Post. The postage rates to the public for Parcel Post were cal- culated so as to include the transporta- tion charge. Hence the public are pay- ing the transportation charge which is largely retained by the Post Office De- partment instead of being transmitted to the railroad carriers. Congressman Lewis urged legislation toward a rate for Parcel Post that would give the railroads 5 cents a ton mile. The present law requires that all roads carrying over 5000 pounds shall carry the mail at rates equivalent to 5% to 5% cents a ton mile. 4. Post Office Department Regula- tions. If the Post Office Department had instituted an annual weighing when the Parcel Post was established as it could have done under the law, the present situation would be much less aggravated. If the Post Office De- partment had not made regulations re- quiring the railroads to perform side and terminal service; to provide pos- tal cars for a round trip at single trip pay; to provide rooms at railroad sta- tions for post office work; to carry without extra charge all agents of the Department regardless of whether their duties were connected with the trans- portation of the mails; also other similar requirements beyond the inten- tion of the law, the railroads would not be placed in the position of re- questing legal protection from unwar- ranted exactions. The conclusion is logical and irresist- ible that the main remedies required are those that will insure a proper adminis- tration of the present law. This course will safeguard the interests of the Amer- ican people and should satisfy the rail- roads carrying the mails. H. R. 17042—Readjustment of Rail- way Mail Pay In this bill the Post Office Department proposes that car space in R. P. O. cars, apartment cars and storage cars author- ized by the Department shall be the basis of pay instead of the weight of mail car- ried, thus adhering to the basis proposed by former Postmaster General Hitchcock in 1911. The terms of the law provide that payment shall be made only for space authorized and leave the authorization discretionary with the Post Office Depart- ment. There is no provision that the authorization shall be for a definite period. Hence, the Department which changes authorizations on one month’s notice could notify a railroad company of radical alterations in the authorization of Car Space, leaving the company the al- ternative of accepting the expense of re- constructing the cars without any recov- ery for the cost of such reconstruction. If the car space plan were deemed neces- Sary or desirable it is essential that the requirements be stated in the law, with a provision for reimbursing the companies for any expense in changes of construc- tion. It must be remembered that all of these cars are essentially private cars, solely for the purposes of the Post Office Department and not used by the railroad Companies for other traffic. It is provided that five classes of serv- In OW 1. Full R. P. O. cars 40 feet or more in length. 2. Apartment R. P. O. cars less than 40 feet in length. 3. Mail storage cars 60 feet or less in length. - 4. Closed-pouch service; this being mails on trains in custody of railroad employes. 5. Side and terminal service to and from post offices and railroad stations. The fifth specification should not be included as a class of service to be author- ized in connection with railroad mail service, because the declared purpose is to relieve the railroad companies of this service. It, therefore, becomes relegated to the class of mail messenger Service and would only be performed by the railroad companies when they happen to be the lowest bidders. Rates The rates named are “not exceeding” the following: Rate per Initial Terminal Class of Car Mile Run Charge Charge Full R. P. O. Cars. . . 20c. $2.00 $2.00 30-foot Apartment R. P. O. Cars. . . . . . . . 10.C. 1.00 1.00 15-foot Apartment R. P. O. Cars. . . . . . . . 5C. .50 .50 Storage Cars . . . . . . . 18C. 2.50 2.50 The fact that the rates are stated at “not exceeding” leaves the amount en- tirely in the hands of the Post Office De- |partment. It may be said in response that the present law prescribes weight rates at “not exceeding” certain amounts, but it is to be remembered that the rates in the present law are sustained by the cus- tom and practice of forty years, while the new law completely replaces the pres- ent law and wipes out all precedents of action. It is to be noted that the rates are extremely complicated, because they are composed of a line rate plus an initial ice may be authorized, i. e.: Čharge and a terminal charge, all of these being variable according to the opinion of the Post Office Department rendered in each case. Initial and Terminal Rates On page 14 in the bill it is prescribed that the “initial and terminal rates pro- vided for herein shall cover expenses of loading and unloading mail, switching, lighting, heating, cleaning mail cars, and all other expenses incidental to station service and required by the Post Office Department in connection with the mails that are not included in the car mile rate.” This clause would enable the Post Office Department to require any addi- tional service it might deem proper with- out any additional allowance to the rail- road company affected. The same paragraph also specifies “the allowance for full Railway Post Office cars, Apartment Railway Post Office cars, and Storage cars may be varied in accord- ance with the approximate difference in their respective cost of construction and maintenance.” It is impossible for any one to approximate what these allowances would amount to if subject to the discre- tionary variations that might be made by the employes of the Post Office Depart- ment. Closed-Pouch Rates * On page 13 it is proposed that the closed-pouch rates (mails in care of bag- gagelman), shall be paid for at the rate of $20 per ton per mile per annum on certain lines and at the rate of $19 per ton per mile per annum on other lines. The last rate stated, divided by 365 days, is equivalent to an allowance of 5.2 cents per ton per mile. This would be 2.6 mills per hundred pounds carried one mile. The purpose of this provision is to merge all of the retail business of closed-pouch Service on hundreds of trains into one wholesale amount to be paid for at a rate that would be substantially on the Carload basis. The rate proposed in the bill, H. R. 17042, would be equal to 2.6 mills per hundred pounds per mile, or 23 cents per hundred pounds for the dis- tance from New York to Philadelphia. The Interstate Commerce Commission rate for express service from New York to Philadelphia is 90 cents a hundred pounds, and allowing 50 per cent. of this to the railroad company, the railroad reve- nue would be 45 cents. Therefore, the proposed rate in the bill is only one-half of the earning of the railroad from ex- press traffic. The suggestion is, therefore, neither scientific nor reasonable. The further provision that railroads performing only closed-pouch service shall be paid only 95 per cent. of the present rates would apply especially to the short- line railroads, which are deserving of bet- ter treatment. Emergency Service On page 16 it is specified that “no ad- ditional pay shall be allowed for addi- tional car service unless specifically authorized by the Postmaster General.” The question arises here as to what the railroad company is to do when mails of unusual quantity are offered for trans- portation that exceed the space formally authorized by the Post Office Department. It is not customary for the Department to make retroactive authorizations, and there is no distinct provision in the law which would enable the railroad company to transport the excess mail and save it from delay and then submit a bill to the Post Office Department for the service necessarily rendered. This is a serious and important gap, which might lead to unfortunate consequences. Construction of Combination, Cars On page 16 it is provided that all cars or parts of cars used for the railroad mail service shall be of such, construction, style, length and character, and furnished in such manner as shall be required by the 10 Postmaster General, etc. This is an ex- pansion of the present law, which has been for many years construed as authorizing the Postmaster General to prescribe the interior fittings of Apartment cars, but not to require a degree of construction out of harmony with the rest of the rail- road equipment. These Apartment cars are partly used for other traffic—passen- ger, baggage and express—so that the power sought by the Post Office Depart- ment would extend beyond the mail Apart- ment car into a field with which the Post Office Department has no concern. If any such regulation of construction is needed and can be defined, it would be more Within the province of the Interstate Com- merce Commission than of the Postmaster General. “Necessary Facilities '' On pages 17-18 it is specified that rail- road companies carrying the mails shall furnish all necessary facilities, for caring for and handling them while in their cus- tody. This does not sound unreasonable, but the question arises as to how it would be construed. The railroads should cer- tainly furnish all customary and necessary facilities in connection with the trans- portation, but the term “handling” might be construed as assorting or distributing. The words “necessary facilities” should be defined in some general way so as to insure a reasonable interpretation. Advance Placing of Cars On page 18 the railroads are required to furnish all cars or parts of cars and “place them in stations before the de- parture of trains, at such times and when required to do so.” There is no law or regulation at present to justify placing postal cars and mail apartments a long time before the train’s departure, but a practice has grown up in many places in response to requests or demands of pos- tal employes so that cars are placed in terminals several hours before train time. It is now proposed to make this a law which would give the Post Office Depart- ment the privilege of occupying Valuable station tracks without due regard to the necessities of the passenger train service, and it is later provided that heavy penal- ties in the discretion of the Postmaster General might be imposed for any dis- regard of such instructions. Here is another instance where if supervisory regulation of railroad conditions contrary to the views of the railroad officers is considered justifiable, the supervision should be under such a body as the In- terstate Commerce Commission rather than in the hands of the Postmaster Gen- eral. Station Space It is specified that railroads must pro- vide station space and rooms for the handling, distribution and transfer of mails in transit. This is another effort to convert into a law what has hereto- fore been a regulation, and to extend the provisions so as to widen its scope. A general provision would not be unsuitable if it referred to “custody and transfer,” but the inclusion of the terms “handling and distribution” would enable the Post Office Department to demand space, with- out rental, for post office purposes. Free Transportation of Employes in Passenger Cars On page 18 provision is made for the free transportation of all persons in charge of the mails when on duty and when traveling to and from their homes, and all agents and officers of the Post Office Department while on official busi- ness, not on the exhibition of railroad tickets or passes, but upon the exhibition of their credentials. This seeks to make a law of what has heretofore been a Pos- tal Regulation and is entirely indefensible as relating to postal officers or employes not immediately in charge of the mails that are being transported. These offi- cers and employes, other than those in 11 charge of the mails, ride in passenger cars and Pullman cars and occupy the seats and space that belong to the pas- senger service. Their transportation should be duly accounted for. Fines for Failures On page 18 it is provided that a com- pany failing or refusing to provide cars or apartments, or to heat and light them as may be required by the Postmaster General, shall be fined such “reasonable” sum as he may deem proper. The present law limits the penalty to 10 per cent. of the pay. Control of Trains On page 19 the proposed law enables the Postmaster General to decide on what trains and in what manner the mails shall be conveyed and requires the rail- road company to carry on any train it operates all mailable matter and mail equipment and supplies, with the al- ternative of paying a fine of such reason- able amount as the Postmaster General may deem proper. It should not be left within the power of the Post Office De- |partment to regulate the passenger train Service in this way. It is entirely proper that the Post Office Department should have all facilities for the dispatch of the mails in accordance with the amounts paid for such service, but any detrimental effect that this might have upon the maintenance of fast passenger train Schedules should be checked by the super- vision of the Interstate Commerce Com- mission. All postal requirements on rail- road trains which interfere with or super- sede the authority of the railroad man- agement to preserve the present high quality of passenger train service should be subject to the full approval of the Interstate Commerce Commission. Steamboat Service On page 19 it is provided that the act shall apply to service partly by railroad and partly by steamboats. This is en- tirely inconsistent. Steamboat Service should be treated on its own merits." Express Rates On page 20 it is provided that the Postmaster General may from time to time obtain information from the Inter- state Commerce Commission regarding the revenue received by railroad com- panies from express matter and arrange for the transportation of second, third and fourth-class matter at such rates. This provision seems to have no merit whatever unless the Post Office Depart- ment is Willing to assume the same rela- tions to the railroad company that the express company occupies. The express companies pay about 50 per cent. of their gross revenues for the transportation of their traffic. The Post Office Department would not be willing to do the same. Car Load Rates Page 21. This provides that the Post- master General may petition the Inter- state Commerce Commission for postal Carload or less than carload rates for fourth-class matter and periodicals, and then require the railroad companies to carry the traffic at such rates. This, like the previous Section, is a vague attempt to accomplish some arrangement which would render nugatory all of the preced- ing clauses which purport to establish the rates and conditions of mail service On railroads. Slow Mails On page 21 there is a new provision to enable the Postmaster General to dis- criminate between the several classes of mail matter and provide for the slower movement of the third- and fourth-class Imail matter and periodicals when lower rates or other economies can be secured. This would seem to be a question for Congress to determine definitely in con- nection with the enactment of postage rates for the different classes of mail mat- 12 ter. A Departmental discrimination be- tween the several classes independent of the judgment of Congress would hardly lead to good results. Weighing of the Mails On page 22 the proposed law authorizes the Postmaster General to have the weights of mail taken in his discretion on railroad mail routes for administrative as well as statistical purposes, at such times as he may elect. This seems to disclose the uncertainty of the Post Office Department regarding its own bill. Its explanations would indicate art intention to abandon entirely the system of weigh- ing the mails except for closed-pouch Service, but this clause we are discussing would really permit the Postmaster Gen- eral to Order weighings even more ex- tensive than those now conducted, espe- cially for the purpose of computing the average loads for the several classes of cars. It must be evident that if it is necessary in the opinion of the Depart- ment to verify the necessity for the car space authorized by the average load car- ried in the several classes of cars, the pay would really be dependent upon the weight of mail conveyed and the proposed space plan would, therefore, be merely a sup- plementary and complicated process added on to the weighings as prescribed in the law of 1873. Compulsory Clause Since the first establishment of railway mail service the railroad companies have carried the mails under conditions of free contract so far as the laws are concerned. All of the large railroad systems no doubt consider that they have a moral duty to carry the mails for the benefit of the communities that they serve, and they have, therefore, not been free agents as to whether they would or would not per- form the mail service, but the United States Supreme Court has decided in sev- eral cases that legally they were not obliged to carry the mails. This com- pulsory clause which appears in H. R. 17042 was apparently brought forward for the first time in the bill submitted by former Postmaster General Hitchcock, under date of August 12, 1911, and pub- lished in House Document No. 105. Its effect would undoubtedly be to give the railroads a standing in court to Secure relief from any of these rates that may be found confiscatory. The space plan for paying the railroads would result as to each railroad company in a statement from the Post Office Department an- nouncing a certain rate of pay for a specific unit of train space. It might, therefore, furnish a convenient basis by which the companies could make a clear demonstration to the courts that they were underpaid and enable them to se- cure full recovery. However, it is not a high compliment to the proposed law, which is alleged to be of a constructive nature, to admit that it probably would make more definite a legal basis upon which a railroad company might sue in the courts for justice which it should obtain in the first instance from Congress itself. The compulsory clause in the proposed law, coupled with a $5000 penalty, would enormously increase the scope of arbi- trary power of the officers and employes of the Post Office Department. It is in fact a highly remarkable proposal in the direction of centralization of power when we remember that the recent legislation in connection with the parcel post would enable a Postmaster General of radical tendencies to modify the weight limits and rates so as to include the entire freight service of the country. If there be any sufficient reason for the enactment of such law (none has occurred to the writer), it would seem absolutely neces- sary that all of the powers of the Post Office Department sustained by this com- pulsory clause should be subject to re- 13 view by some judicial and disinterested body before they become obligatory upon the railroad carriers. Conclusion 1. There appears to be no warrant for radical and revolutionary legislation on the subject of railway mail pay. 2. The relief asked by the railroads in the definite program submitted by them can be granted at less expense to the Gov- ernment than full pay recoverable on the space plan. 3. The space plan, while apparently simple, introduces additional complica- tions and must finally rest upon a weigh- ing of the mails. 4. If a weighing of the mails were dis- pensed with, there would be no effective check upon the misuse of official discre- tion in the authorization of car space. 5. The discretion in regard to car space and the payments that would be made in connection therewith might at times be used in oppressive treatment of railroad companies and at other times as an in- strument of favoritism and possible cor- ruption. 6. If in spite of these fundamental ob- jections a space plan were tried experi- mentally, the discretion allowed the Post Office Department should be limited as closely as practicable, and in those cases where the allowance of discretion is un- avoidable its application to the railroad companies, should be under the super- vision of some quasi-judicial body such as the Interstate Commerce Commission, which has the especial responsibility of Supervising railroad operations. 7. The subject of railway mail pay— both as to the total amount and as to its apportionment—is clearly a question to be determined by the exercise of good judgment and careful approximation. It is not at the present time a question that admits of scientific adjustment, and it will not be until there is an adequate sta- tistical basis for scientific study and treatment. It is to be regretted that the Post Office Department has not been able to present to the Joint Congressional Committee adequate data to indicate the ton mileage of the mails or for the car mileage of the mails. These two factors are of fundamental importance. Yet, in the case of the ton mileage of the mails there have been no figures published in the annual reports of the Post Office Department for any year. The Wolcott-Loud Joint Congres- sional Commission had the ton mileage of mails computed for the twenty-six-year period, 1873 to 1898, inclusive, but no official figures have been published for the past fifteen years. It is highly im- portant that this data should be computed as of July 1st of each year and published without delay in each annual report of the Department. The mail car mileage (especially as to full R. P. O. cars, apartment R. P. O. cars and storage cars) should also be computed and published in the annual report. By co-operation from the rail- road companies this information could be published in two phases: 1st. The mail car mileage directly required by the Post Office Department for transportation and sorting the mails; and 2d. The mail car mileage required by operating conditions to provide the car space directly required by the De- partment. If this information had been available during the recent hearings, it would have been of invaluable assistance to those who were dealing with the subject on all sides. Such information will be indispensable if Congress directs an annual weighing of the mails, because dependable statistics as to the growth of the traffic in com- parison with statistics as to the car space required will enable Congress to perceive 14 the precise effects of the parcel post legis- lation and the result of the extensions of the service which have been intrusted so completely to the good judgment and discretion of the Postmaster General. It will also be undoubtedly of great value to the Interstate Commerce Commission in connection with its supervision of the express traffic and in connection with any enlarged powers of revision or supervision which Congress may devolve upon the In- terstate Commerce Commission in rela- tion to the Postal Service. - W. J. BRADDEY. 15 Shall the Basis Of Railway Mail Pay Be Made a Political FOOtball? The following article from the Boston Transcript of June 9, 1914, describes a situation which seems little short of trifling with a most serious question of Government policy—a question involving the rights of citizens performing a public service. —Committee on Railway Mail Pay. T&alph Peters, Chairman. WASHINGTON, June 8. What is characterized the most amazing treatment of a Congressional Commission in the recent annals of Congress is re- corded of the Post Office Department, in ignoring the work of the Joint Commis- sion on Railway Mail Pay and insisting upon the introduction of what is termed the “Administration” or Moon bill, for the readjustment of railway mail compen- sation. The inner history of this bit of secret strategy is just coming to light, with the result that Democrats and Republicans alike, the former silently and the latter openly, are indulging in criticisms of Post- master General Burleson, which evidently foreshadows a battle over the railway mail pay bill. Long Struggle with Difficult Problem Eor more than a year one of the ablest commissions appointed by Congress in re- cent years has been struggling with the mail pay problem. It consists of three Republicans and three Democrats—the and Richardson, of Delaware, and Senator Weeks, of Massachusetts; the latter, Sena- tor Bankhead, of Alabama, and Represen- tatives Lloyd, of Missouri, and Tuttle, of New Jersey. They sought long and earnestly for a basis of pay that would be fair to railroads and to Government alike, and having found it they made their rates and were prepared to report a bill. Postmaster General Burleson kept in touch with the work of the Commission, through Representatives Lloyd and Tuttle, and within a week Mr. Burleson called a Senatorial member of the committee and urged haste with the bill, that it might be put through quickly under a rule in the House. The bill, under this arrangement, was to have been introduced in the House last Thursday, passed upon by the House Com- mittee on PostOffices and Post Roads Fri- day, and reported back to the House Sat- urday. All plans for this procedure were made, and a statement for the press giving the outlines of the measure was authorized to be released Thursday noon. About midnight Wednesday, Chairman Bourne was called on the telephone and informed that Postmaster General Burle- son “insisted” that Chairman Moon of the House Committee should introduce a bill of his own, and that this should be recog- nized as the Administration bill. This was done the next day. A hearing was called, to which Senator Weeks had been invited by the Democratic members of the Commission to explain the merits of the measure. former, ex-Senators Bourne, of Oregon, When the senator entered the com- mittee room he learned for the first time that the bill under discussion was the Moon or Administration bill, and not that of the Commission. Spoils System in the Offing No explanation of the sudden shift of the Postmaster General has been made, nor is it yet known whether President Wil- son has any knowledge of the substitute measure introduced in his name or whether he knows the differences between the two. The chief difference is that the Moon bill fixes the line rates at a cent a mile less than those of the commission bill and reduces the terminal allowances some- thing like 25 per cent. The commission bill confines itself strictly to railway mail pay, while the Moon bill requires that all assistant post- masters, even those carried into the classi- fied service by executive orders, shall take a civil service examination within ninety days. These are the permanent officials of the various post offices and have remained for the most part undisturbed because of their proved efficiency, but under this bill the whole list would be thrown open for ap- pointment, giving Democratic applicants a chance which does not now exist to win Federal jobs. This is an indirect application of the spoils system in the name of civil service reform, and at any event has no more to do with railway mail pay than the ap- pointment of charwomen. Less Pay Under Moon Bill One reason likely to be assigned for re- jecting the scientific rates of the Commis- sion is that the railroads will receive less under the Moon than under the Commis- sion bill. The latter, although not cal- culated with reference to cutting down or raising the pay of the roads, would reduce their compensation more than $2,000,000 a year. The Moon bill not only shades the rates all along the line, but is figured on a basis of fourteen million more car miles than Dr. Lorenz, the statistician of the In- terstate Commerce Commission, calculates to be involved in payments to the rail- roads. This difference would not affect the actual rates, but would materially reduce the disbursements of the Government in comparison with the appropriation of 1915. Thus the Post Office Department, in arguing for its own bill, would be able to eater to the sentiment, very general in Congress, but with no knowledge back of it, that “the railroads are receiving too much for carrying the mails.” t The subject is so intricate that no one has been able to say definitely whether the roads have been paid too much or too little, but the Commission has no doubt that some of the trunk lines have been carrying the mails at a loss. - . The main post of the Commission’s po- sition is, however, that its own rates are fair, and that there is no merit in either increasing or reducing the compensation of the railroads on general principles, par- ticularly if it appears that political con- siderations rather than justice are the gov- erming factor. It is believed by the members of the Commission without exception that one purpose of the Moon bill is to make a political appeal rather than to write scien- tific legislation. No Line On Parcel Post This belief is strengthened by the fact that, owing to the policy of Postmaster General Burleson, it is now impossible to do more than estimate the cost to the Government and the railroads of the par- eel post Service. When the parcel post was instituted, pa- trons were required to use Special stamps, from the sale of which an accurate state- ment of the parcel post receipts could be compiled. With the requirement of a special stamp abolished, however, no means of distinguishing the parcel post from the mail business exists. After abandoning this guide, the Post- master General allowed the size of the parcel post package to be increased from eleven to fifty pounds, this without an in- crease of expense to the Government, but solely at the expense of the carriers. The result of the Postmaster General’s ambition to serve the public has been that the parcel post promises to cost a great many more million dollars than the Gov- ernment receives for the service, but there is no measure to indicate what the annual deficit is. - Obviously, if Mr. Burleson can take six million dollars a year out of the railroads, as he proposes in the Moon bill, the annual deficit of the Post Office Department will be just that much less, even though the loss is made in the parcel post division and not in railway mail pay. Joint Committee Much Disturbed The Democratic members of the Bourne Commission (strictly speaking it is a joint committee) are no less chagrined than their Republican colleagues over the sur- prising action of the Post Office Depart- ment—which is the Administration, so far as they are concerned. Two of them are candidates for re-elec- tion, and deeply as they may feel the hu- miliation put upon them by the Post- master General, they may hesitate to op- pose the Moon bill if it is found to bear the O. K. of the President. Senator Bankhead is expected to bring the Senate to his way of thinking over the situation, for the Alabama Senator is hot clear through over what is currently re- ferred to as the “trick” of the Post Office commission a deadlock with the House & Over One of the most important questions before Congress is possible. Moon Rates are Arbitrary It is pointed out that the split which has come, if it is not healed soon, will give the railroads a power of obstruction over the legislation which they would not have over the Bourne bill. - That measure was calculated on a basis of Science and fairness, agreed to be sound The trunk lines were expected to fight it more or less, but to yield finally in the knowl- edge that it was the nearest approach to fairness they could hope to receive, from Congress. - ! 2 The rates in the Moon bill are arbitrary, if the work of the commission has been done accurately, and the railroads will have justification in protesting against them as unfair and unscientific. . . . . . . . . . by all members of the commission. The evident purpose of the Post Office Department has been to cut the pay of the railroads, while the intention of the commission has been simply to institute a just, fair and scientific system. The two non-congressional members of the commission, ex-Senators Bourne and Richardson, like others, have worked with- out pay. Senator Bourne has continued his residence in Washington at his own expense and Mr. Richardson has spent many days here. - Bourne, in fact, abandoned his cam- paign for election to the Senate that he might complete this work, and to have the Habors of a year ignored and under- mined at the last moment, without warn- ing or explanation, has precipitated a situ- ation in Congress that may breed endless trouble. Department. If the Senate supports the W. E. B. The People Will Not Support a Plan that Savors of Confiscation On June 12, 1914, Mr. Ralph Peters, Chairman of the Committee on Railway Mail Pay, authorized the following statement: “The Rules Committee of the House of Representatives has, I am informed, adopted a recom- mendation that the so-called “Moon Bill’ follow the Sundry Civil Appropriation Bill now being considered by the House. The underlying principle of the Moon Bill is to reduce the pay of the railroads for carrying the mails by about $10,000,000. “Congress sometime ago ap- pointed a Joint Committee, of which former Senator Jonathan Bourne, Jr., of Oregon, is the Chairman, to investigate the whole subject of railway mail pay and rec- Ommend to Congress the proper method which should be adopted. That Commission has conducted a most exhaustive investigation, but has not yet reported, al- though it intends shortly to do so. “The railroads have, I believe, proven conclusively to the Com- mittee that they were certainly not overpaid for carrying the mails, but were, as we see it, underpaid by at least $15,000,000 annually. In making his closing argument on the Five Per Cent. Advance Rate Case, Mr. Brandeis, as its special counsel, advised the Interstate Commerce Commission that to him it seemed clear that the rail- way mail service was unremuner- ative to the railways. “At the instigation of the Post Office Department, which has, we feel, been grossly unfair in all Questions relating to compensat- ing the railroads for carrying the increased burden of the parcel post, and before the Joint Con- gressional Committee has ren- dered its report, Congressman Moon has introduced the bill which revises the methods of paying the railroads in such a manner as to reduce by about 20 per cent. the compensation now paid to the railroads. “This proceeding not only seems highly inappropriate in advance of the recommendation of the Con- gressional Committee, but in itself proposes an imposition upon the railroads which is without warrant and is in the highest degree unjust. It cannot be that such a plan will have the support of the American people, when the people realize what the plan actually means.” The American people want a square deal for all. They will approve of a square deal for the railroads, which represent the honest investment of thousands of persons. When they fail in this spirit, the end of the American republic will be at hand. Atº - - - —Chicago Tribune, june 18, 1914. ' What the Newspapers Say About Railway Mail Pay Q. “Cannot the Railroads Have a Little Fair Play?” (New York Sun, June 23, 1914.) That the railroads of this country are underpaid by from $10,000,000 to $15,- 000,000 a year for transporting the mails is the conclusion reached, after careful study, by men of such opposed interests as Ralph Peters, President of the Long Island Railroad, and Robert A. Turner, Secretary of the Joint Congressional Com- mittee on Second Class Mail Matter and Compensation for Transportation of Mails. M. O. Lorenz, Associate Statis- tician of the Interstate Commerce Com- mission, “thinks the evidence indicates an underpayment of at least 10 per cent.,” and recommends a further test of the fig- Ull'éS. Louis D. Brandeis, who, to put it mildly, is not overgenerous to the carrier corporations, finds that “it seems clear that the railway mail service is at present unremunerative” to them. This condition of underpayment was recognized before the parcel post came into being. Imposing that burden on the railroads without payment for it made the situation more unfair. The railroads complained and Congress, acknowledging the justice of their demand for readjust- ment, appointed, more than a year ago, the joint committee mentioned above, of which Senator Bourne was made chair- man, with Senators Bankhead and Weeks and Representatives Lloyd, Richardson and Tuttle as his associates. This Com- mittee undertook an exhaustive study of the subject, planning to devise a scheme of payment fair to the carriers and the Government and elastic enough to accom- modate any changes in the Service Occa- sioned by future growth and development. Since then Senator Bourne and Repre- sentative Richardson have been retired from the Congress, but because of the im- portance of the matter intrusted to them they have served without pay on the Com- mittee. Its researches have been careful, and the expectation of Congress and the railroads was that its report and recom- mendations would furnish a sound basis for intelligent legislation on an intricate and highly technical subject. But while this reasonable and proper method of correcting the inequalities º Agº y * | * : * 'i “. - 1914 KATAt OG DiVi.Sjøn. which mark one detail of the Govern- ment’s dealing with the railroads was en- grossing the attention of those interested in the subject the Post Office Department has had another idea, which came to gen- eral knowledge when, at midnight on the evening of the day preceding that on which the joint committee’s bill was to have been introduced, Chairman Bourne was informed over the telephone that Postmaster General Burleson “insisted.” that Chairman Moon, of the House Com- mittee on Post Offices and Post Roads, should introduce a bill of his own and that this should be “recognized as the Adminis- tration bill.” - By this proceeding, wholly unexpected by the joint committee, the labors of that body and the special knowledge obtained by it were ignored; its recommendations were discarded, and the time and effort it had expended were lost. Why were these sacrifices made 2 An examination of the committee’s bill and of the Moon measure throws light on what might otherwise be a mystery. The joint committee’s bill is confined to railway mail pay, and provides for line rates one cent a mile higher than the Moon bill. The Moon bill also makes the terminal allowances about 25 per cent. lower than the committee bill. Here.com- parisons must stop, because the committee bill deals with nothing else; here the popular appeal of the Moon bill lies, in the opinion of its authors, because it “hits the roads again,” and here is the colored gentleman in the woodpile: The Moon bill requires that all as- sistant postmasters, including those now in the classified service, shall take a civil service examination within ninety days. These assistants are mostly officers who have held their jobs because they were competent; those jobs are wanted by hun- gry Democrats; under the false claim of extending the civil service the Adminis- tration will be able to oust some of them and put Democrats in their places. In this lies the appeal to the Demo- crats in Congress; add to it that the Moon bill caters to the anti-railroad prejudice of the country, and a strong combination results. The joint commit- tee offers a fair and reasonable adjust- ment of rates to be paid for service ac- tually performed by the railroads; the Moon bill joins politics to office grabbing, and the Wilson Administration supports the latter. As for the details of the Moon bill so far as they affect the underpayment of the railroads, which offers the excuse for its introduction, they reveal an utter dis- regard for the rights of the carriers. These unfortunates must, under its pro- visions, provide terminal post offices for handling and distributing the mails, as directed by the Postmaster General. They must furnish free transportation to the officers of the Post Office Depart- ment and the Postal Service traveling on official business, without regard to whether it concerns the railway mail service; the bill puts the railroads at the mercy of the Postmaster General as to the convey- ance of the mails in every detail. It provides that “clerical and other as- sistance” and office rent for it shall be paid out of the appropriation “for inland transportation by railway routes.” It gives to the Postmaster General power to fix in his discretion payment for carrying all mail matter other than first class, including, of course, the parcel post business. It betrays in every section whose ap- plication makes possible the revelation of such a purpose a design not to treat the carriers fairly, not to pay just rates for services rendered, but still further to milk the roads, to force them to do part of the work for nothing, and generally to starve them in their relations with the Govern- ment. This amazing product of politics and hunger is to be discussed at a hearing to- morrow. It will not be defended as sci- entific or suitable; its strength will be in partisan playing for jobs and the Sup- posed hatred of a substantial fraction of the public for railroads. The railroads will be represented, to plead for a con- sideration of the merits of the case, for a study of the joint committee’s report, and to test the boasted love of the American people for fair play for all. - Are the railroads to get that fair play from any department of the Federal Gov- ernment P compensation. The roads are entitled to a fair margin of profit for carrying the mails, and it should be a just and fair —Rock Island, Ill., Union, june 15, 1914. Railroads Not Being Treated Fairly (Indianapolis News, June 19, 1914.) There seems to be a general conviction that the railroads are not being treated fairly by the Post Office Department. The contention is that the carriers, ever since the establishment of the parcel post system, have been compelled to carry an ever- increasing quantity of matter at the old flat rate. The Post Office Department denies that rail- roads have been underpaid in the past, but now there appears to be a disposition to be more lenient with regard to the handling of the parcel post business. - A bill embodying the recommendation of the Congressional Commission on Railway Mail Pay probably will be introduced in Congress this session. The Commission has inquired thoroughly into the question, and condemns the present system of compensating the rail- roads as antiquated, inaccurate and unfair both to carrier and to Government. Under the present arrangement, the rail- roads receive annually about fifty-one million dollars for mail transportation. Under . the new rate this would be about ten million dollars a year more, with increases in the future based on growth. It is pro- posed that the roads be paid according to space and not according to weight, to com- pensate them for the bulky parcel business. The railroads have expressed dissatisfaction have no reason to complain that they are not treated fairly in the proposed bill, it appears. The Government really is as deeply inter- ested as the railroads are, for the parcel post, to be self-supporting, must offer rates based on actual service costs, not on costs that de- prive the carriers of the compensation justly due them. Congress Should Not Legislate Confiscation (Providence, R. I., Journal, June 19, 1914.) In the discussion at Washington on the question of railway mail payments the intention of the Post Office Department to get service at less than cost is disclosed. No schedule which has in it the element of confiscation should be approved by Congress. The Government which prosecutes individ- uals for the acceptance of free passes or re- bates on freight cannot consistently offer the railroads less than the regular price for carry- ing the mails. The probability is that the Post Office, when all charges are made, is not self-sustaining. BUT THERE SHOULD BE NO ATTEMPT TO CONCEAL THE EXACT CONDITION OF THE DEPARTMENT—if there is a defi- cit the people should know all about it; it is most improper to make a better showing than the facts warrant by compelling the railroads to handle the mail at a heavy loss; in fact, such a procedure is palpably dis- ever since the parcel post was originated. They honest. The position taken by ex-Senator Bourne, Chairman of the Joint Congressional Commit- tee on Railway Pay, that the rate should give the railroads the returns per car mile derived from the average passenger traffic, is good in that it provides for adequate compensation. While investigation may show the desirabil- ity of amendments in detail, the spirit of the Bourne plan should not be departed from —Congress should see that the legitimate ex- penses of the mail service are paid in full. The inevitable result of the postal plan of “getting something for nothing,” should it be adopted by Congress, will be the cutting of transportation facilities. Money lost on Government contracts must be made up in some way. The Government should pay a fair price for mail transportation to the end that the people may not be deprived of good cars and frequent trains. IT SHOULD BE UNINECESSARY TO HAVE A LONG DISCUSSION ON A SIMPLE QUESTION OF HONESTY. Unworthy of a Great Government (Wilmington, N. C., Morning Star, June 19, 1914.) Commission that to him it seemed clear that the railway mail service was unremunerative to the railways, and now to lop off summarily ten to fifteen million dollars from this re- muneration does not appeal to the fair-minded people of this country as just, necessary or reconcilable with any sort of governmental policy in the past. Such a proceeding certainly strikes the aver- age citizen not only as highly inappropriate in advance of the recommendation of the Con- gressional Committee, but in itself proposes an imposition upon the railroads which seems altogether unwarranted. THE RAILROAD PEOPLE ARE PER- JFECTLY WILLING TO SUBMIT THEIR CONTENTIONS TO THE AMERICAN PEOPLE, BELIEVING THAT WHEN THEY KNOW WIFIAT THE BILL ACTU- ALLY MEANS THEY . WILL RESENT CONGRESSIONAL ACTION ALONG : THE LINE PROPOSED, not only as beneath the dignity of a nation like ours, but as a posi- tive wielding of the big stick which should cease some time in the interest of fair play. Congress should, at least, in our opinion, wait for its own committee to make its report and to announce to the public what it con- siders fair and equitable. There is a general feeling that the Bourne committee has gone into the matter thoroughly and is itself so unbiased that the public may rely on the jus- tice of its findings. “Trying to Put One Over” We have heard much of late about railway mail pay—the Government and the railways, and the disposition of the former to saddle the railroads with the parcel post service with no adequate remuneration. The rural mail carriers of the country have felt the pinch of the same policy of the Government, and nat- urally both the carriers and the railroads see neither the justice nor the sense of requiring of them an extra service with no extra pay. And the public is with them, we believe. This Government of ours is too great and too powerful to saddle the expense of an extra public service on the carriers without expect- ing to pay its way. It has been shown con- clusively that the common carriers were not being allowed fair compensation for the serv- ices rendered the Government and all our boasted perfection and utility of the parcel post has been at the expense of the carriers. It is now time for the Government and Con- gress to deal fairly with the railroads and not take an unfair advantage of them simply be- cause they have the power. * + * * Even so eminent an authority as Mr. Louis Brandeis has advised the Interstate Commerce (St. Paul, Minn., Pioneer Press, June 15, 1914.) This paper noted a few weeks ago the seri- ous effort that was being made by the mem- bers of the Joint Congressional Commission on Railway Pay to draw up a measure that would be at once scientific and just both to the Government and to the railways. They labored long and hard, completed their task a fortnight ago and were ready to submit their bill to Congress, with the supposed sanc- tion of the Government and the Postmaster General. But at the last minute Senator Bourne, Chairman of the Commission, was in- formed that Postmaster General Burleson in- sisted that Congressman Moon should be al- lowed to submit a bill of his own, which hence- forth was to be known as the Administration In 62.Sullſe. When the Moon bill was examined, it re- quired no very practical eye to see that Mr. 4 Burleson, with or without the knowledge of the President, was trying to “slip one over” on the country. - For it contained several clauses which were in no way connected with railroad pay, but were mere contrivances on the part of the Postmaster General to grab some spoils and play politics. The Moon bill would reduce mail pay by one cent a mile as compared with the joint commission's proposed rate, thus per- mitting the Post Office Department to save a neat sum of $6,000,000, which would show up well in the annual report. But it did not stop there. It proposed to subject to re-examination all assistant post- masters now in the classified service, and pave the way for the appointment of Democrats. Again, it would exempt Confederate veterans, as Union veterans are now exempted, from the regulation age limit in the appointment of fourth-class postmasters. This clause has stirred up the ire of many Congressmen. And the whole bill is so full of “stratagems and spoils” that a wise Congress will have nothing to do with it. Unpaid Service is Confiscation (Atlanta, Ga., Constitution, June 30, 1914.) If the roads are being overpaid, we should know it from a judicial source. If they are being underpaid, we should know that, too. THE GOVERNMENT CANNOT AFFORD TO TAKE SERVICE FOR NOTHING, EVEN FROM A RAILROAD. THAT SAVORS TOO MUCH OF CONFISCATION. To this end there is no reason why the com- mission that began the mail probe should not conclude and make its report to Congress. Thus, there would be gained an accurate basis of pay. It should not be forgotten that while the addition of the parcel post feature to the service has vastly increased the demands on the carriers, their rate of pay has remained stationary. We do not believe the House of Representa- tives would perpetrate a wilful injustice. It can easily assure equity as between the Gov- - ernment and the roads by asking for the re- port of its own commission. Even Mr. Bran- deis, whom no one will accuse, of fondness for railroads, has stated that, in his belief, the Government is unjust in the matter of pay. EVEN THE RAILROADS ARE EN- TITLED TO A SQUARE DEAL Entitled to Fair Profit (Chicago, Ill., Tribune, June 18, 1914.) It is very strange that the findings of a reputable commission, made after months of study, should be thrown out of the window without warning and an executive department head's conclusions adopted. Such a proceed- ing calls for explanation, and if Congress respects itself an explanation will be insisted upon. The railroads should be paid not only for the cost of the service they give, they should be allowed a fair profit. The Tribune has no sympathy with the vio- lent and demagogic spirit shown in some quarters against the railroads. It took a lead- ing role in the fighting for railroad regulation. It has exposed and excoriated the evils com- mitted in the history of the railroads, high finance, nepotism, political manipulation, iniquities and inefficiencies of management. It has fought and will always fight for a square deal for the public. But a politician who expects to get any support from the Tribune for a play upon prejudice will be disappointed. The American people want a square deal for all. They will approve a square deal for the railroads which represent the honest in- vestment of thousands of persons. When they fail in this spirit the end of the American republic will be at hand. This railway mail pay incident should be explained, and if it is a piece of politics it should be rebuked. Presumably the mail pay commission knows what the railroads in fair- ness should be paid. Congress should see that they are paid no less. Department. There seems to be a general conviction that the rail- roads are not being treated fairly by the Post Office —Indianapolis News, June 19, 1914. Sacrificing the Railroads (Savannah, Ga., News, June 23, 1914.) It looks a little as if the Post Office Depart- ment were bent on making it appear that the Department is self-sustaining, even if, in order to do so, it has to be unjust to the railroads. Recently, at its instigation it is alleged, Rep- resentative Moon introduced a bill which pro- vides a new method for paying the railroads for carrying the mails, a method which the railroads regard as grossly unfair. It would reduce the compensation of the railroads about 20 per cent., or approximately $10,000,000 a year. The railroads contend that they ought to have at least $15,000,000 more than they are now getting. Recently Congress appointed a joint com- mittee of Congress to investigate the whole subject of compensating the railroads for carrying the mails, and the committee has given a great deal of time to the subject. It is about ready to make a report. It does look as if Congress should do nothing in the matter until it has this report. The Post Office Department, it is pretty safe to assume, doesn’t know a great deal about the cost of carrying the mails. Its aim is to get the mails carried as cheaply as possible. Dut the railroads should be given a square deal. It is reasonable to suppose that the joint committee is prepared to report a meas- ure that would be fair as between the people and the railroads. The people are more interested in doing what is right than in the efforts of the Post Office Department in making a record for keep- ing the expenses of the Department down. It is hardly reasonable to suppose that the joint committee would report in favor of mak- ing the compensation of the railroads for carrying the mails greater than it ought to be. If it has any bias at all it is more likely to be in favor of the Government. The Public Directly Concerned (Norfolk, Va., Virginian Pilot, June 18, 1914.) But the public is vitally interested in the question of railway mail compensation, to the end that it may with the least possible delay be settled on a scientific basis of fairness to all interests legitimately concerned. Without entering into any detailed discus- sion of the comparative merits of the Moon bill and the recommendations of the Commis- Sion, it stands to reason that the findings of a body which has devoted more than a year to thorough and painstaking investigation of the subject are more likely to embody a proper Solution of the problem sought to be solved than a bill prepared with more or less haste by the chairman of a Congressional committee whose duties are so various and so manifold as to leave but small opportunity for original research. w And, such being the case, it Ought to go without saying that CONGRESS SHOULD TAKE NO DEFINITE ACTION IN THE MAT- TER UNTIL IT HAS THOROUGHLY CONSID- ERED AND DIGESTED THE COMMISSION'S REPORT and the evidence upon which the find- ings therein contained are based. The problem of railway mail compensation ought obviously to be approached, not with any preconceived idea of increasing or cutting down the rate of pay, but with an eye Single to so adjusting the whole system to the changed conditions brought about by the in- auguration and extension of the parcel post as to insure even-handed justice alike to the railroads and the Government, regardless of whether the result shall entail increased or diminished payments from the public treasury. The railroads are entitled to no less, and the public, as represented by the Government, has no right to demand any more. Fair Payment a Matter of Right (Pittsburgh, Pa., Dispatch, June 14, 1914.) It is plain that the services of the railroads in carrying the heavily increased mails are deserving of fair, though not excessive, pay. The presumption is quite strong that the non- partisan commission which has been consider- ing this subject for a twelve-month and has reported a bill calculated to save the Govern- ment $2,000,000 is more likely to produce a fair measure than the private author of a bill making a reduction five times greater. Every reader of the Dispatch knows that it is not prejudiced in favor of the railroads. But we believe in fair pay, and where there has been such an enlargement of service as that necessitated by the parcel post, it should be honorably and reasonably paid for. Government should set the example of being honest and fair with all its people, and that it is not is evidence of the low tone of morals prevailing among the politi- cians who run the Government. —Jackson, Mich., Patriot, June 13, 1914. The Proper Car-Mile Rate (Middletown, N. Y., Argus, June 17, 1914.) The suggestion of Senator Bourne, a mem- ber of the Committee on Railway Mail Pay, that the railroads should be paid a rate for carrying the mails that would give them the same net return, per car mile, that they now receive on an average from passenger traffic, is a good one. The mails are carried on passenger trains. It costs about the same to build, equip and operate the mail cars as it does the passenger cars. There would seem to be no sound rea- son why a carload of mail drawn by the same engine and under the same conditions should not be paid for at the same rate as a carload of passengers. The same conditions of safety, speed, frequency and regularity are demanded in the carrying of the mails as govern the transportation of passengers. In support of his contention Mr. Bourne further says: “The Post Office Department has advanced the theory that the mail shall not bear its relative proportion of expensive terminals, ticket agents, and many other things ap- pertaining to the passenger service, but I assert this contention is not sound. The volume of passenger business depends on all of those things and they are necessary to the increase of passenger business, and, hence, necessary for mail transportation, and the Government should pay its relative pro- portion of same.” It is true that the expense of ticket agents could not logically be chargeable to carriage of mails, but this item would be more than offset by the greater expense of getting the mails on and off the cars and handling the mail bags at terminals. It is not the func- tion of the Post Office Department to reduce the rate paid the railroads to a point below the cost of the service. That would amount to practical confiscation. It would be no benefit at the expense of the transportation lines of the country. It would mean simply the shift- ing of a burden where, perhaps, it could be less easily borne. And there is so large a proportion of the population of the country that draw their daily bread from the opera- tion of the railroads that anything tending to cripple these reacts disastrously upon the people. Under the circumstances it is greatly to be desired that the Committee of Congress hav- ing the adjustment of these mail contracts in hand will investigate thoroughly all sides of the question, and find a solution that is equit- able to the railroads as well as to the people. Railroads Entitled to a Hearing (Worcester, Mass., Gazette, June 17, 1914.) The surmises and conjectures as to whether the railroads got too much out of former con- tracts ought not to be made the basis for at- tempts to square old accounts at this date. The railroads have the right to be heard. Congress ought not to make any new rulings as to rates until the evidence before its joint committee is presented. The Gazette has never hesitated to criti- cise railroads or any other public Service cor- poration when there appeared to be good cause for such criticism. But this fact must always be kept in mind: Their welfare is the welfare of the public. They cannot be unjustly hurt without the injury being passed on to the public. There is but one safe policy to follow in treating this railroad situation. That policy is to treat them with the ut- most fairness possible and insist in return that they treat the public with the utmost fairness. As matters now stand with respect to the railway mail rates, there appears to to the people to give them one cent postage be a wide straying from that policy. Four Just Complaints Of the Railroads (Fall River, Mass., Herald, May 6, 1914.) Now that the Government is taking so much interest in getting a fair deal for the public from railroads, the latter are taking the op- portunity to point a finger of circumspect scorn at the Government for its unwillingness to pay a fair rate for carrying the mails. The railroads are making out a strong case, which is getting the general endorsement of the press. They have formulated four com- plaints. Under existing arrangements rates are ad- justed by weighing the mails once in four years. The roads ask that this be done more often, because conditions change rapidly. At present the roads provide the mail cars, which are of no other use to them and must be given over to the postal service. They think the railway mail should supply its own C2, I’S. They are also required to provide terminal and messenger service for the Government at their own expense, and they object to the sliding rates of pay and conditions of service that are not definite and are affected by the discretion of the Post Office employes. The parcel post has lately added new bur- dens, and under the circumstances they feel justified in their appeal for better treatment. TEIE POST OFFICE D EP A R T M E N T SHOULD NOT BE ALLOWED TO DEPEND FOR ITS RECORD OF ECONOMY AND EFFICIENCY UPON WEHAT IT CAN SQUEEZE OUT OF THE RAILROADS. If it is going to presume to secure value in service for the money which the public pays to the railroads it should enter court with clean hands, as it were, and see that it is itself paying the railroads value for the service which it requires of them. Government Should Be Honest (Jackson, Mich., Patriot, June 13, 1914.) Government ought to be honest and fair with every person and every interest, but that is something it never has been, and probably never will be, because politicians who are not honest and fair administer the Government. A corrupt tree will not bring forth good fruit. Look at the low credit in the markets of the world of railroad securities, and the ex- actions of the Government in the matter of carrying the mails. Presumably the railroads of the country will receive some compensation, after awhile, for the additional service imposed upon them in the matter of the new parcel post, but that does not help them now when they are hard pressed financially. The Government is honest and fair in taking care of its bonded indebtedness, but practically that is where its honesty and fairness ends. The experience of the railroads with the Gov- ernment in the matter of the mail Service, espe- cially during the past decade, is discouraging from any point of view. Railroads are sorely pinched; the best of them are not earning money enough to meet the burdens imposed upon them by the Gov- ernment and pay the usual dividends to their stockholders; yet the Government treats them unfairly and unjustly; and this comes from the fact that the politicians who run the Gov- ernment are unfair and unjust. The plain fact of the case is that in the last ten years the mail revenues of the big Eastern roads—the New York Central, the Pennsylvania, and the Baltimore and Ohio– have remained practically stationary, while the amount of business taken care of has doubled since 1904. We remember that a former Postmaster General seriously proposed that the money paid for carrying the mail should be based on the actual cost of the service plus 6 per cent. Every well-informed man knows that no busi- mess can be successfully conducted on so Small in full. While investigation may show the desirability of amendments in detail, the spirit of the Bourne plan should not be departed from-Congress should see that the legitimate expenses of the mail service are paid —Providence, R. I., Journal, june 19, 1914. This Government of ours is too great and too power- ful to saddle the expense of an extra public service on the carriers without expecting to pay its way. —Wilmington, N. C., Morning Star, June 19, 1914. a sum above its actual cost. Business would go to everlasting Smash on such a basis. GOVERNMENT SHOULD SET TEIE EX- AMPLE OF BIFING EIONEST AND FAIR WITH ALL ITS PEOPLE, AND THAT IT IS NOT IS EVIDENCE OF THE LOW TONE OF MORALS PREVAILING AMONG TEIE POLITICIANS WHO RUN THE GOV- ERNMENT. Pay Should Cover Costs and Fair Profit (St. Louis, Mo., Republic, June 23, 1914.) When the facts are ascertained the pay fixed for the service should be sufficient to cover the cost and leave a fair profit. Certainly no one can disagree with that prop- osition. It is peculiarly the duty of the Gov- ernment to be circumspect in this matter. It is the purchaser, but acts for the seller in fixing the price. - The railroads have no choice in the matter except the choice of refusing to carry the mail, which every one knows they will not do. All they can do is to curtail train service, and that hurts the people worse than it hurts the roads. If any member of Congress doubts this prop- osition let him consult the merchants of St. Louis on the through mail service out of this city at the present time. “Payment Plainly Too Low ’’ (New York Journal of Commerce, June 11, 1914.) The essential thing is the amount of the pay obtained in the aggregate by the roads. At present, there can be no doubt that the payment is wholly inadequate. Good reason for such a view was advanced by careful stat- isticians even before the adoption of the par- cel post legislation, and since that act be- came law the ground for demanding an ad- vance in compensation has been greatly en- The roads are not being paid in anything like the proportion they would be if they did a like amount of work for other shippers. There has been an effort to show that they were receiving more than they were entitled to, and Postmaster General Hitchcock made an investigation some years ago with this same purpose apparently in view, at the time he was prosecuting his campaign to make the de- partment Self-supporting. The investigation fell flat so far as the attainment of its chief object was concerned, although it, like Some other inquiries of similar kind, seemed to reveal that there was con- siderable lack of adjustment in the payments and that some roads received more and others less than they were entitled to upon a fair basis of comparison. - Since Mr. Hitchcock's investigation, other attempts have been made in parallel directions, but there has been no material difference in their results. It is not possible to establish a “scientific” basis for paying the roads, inas- much as the same difficulty inheres in such undertakings that is always encountered when efforts are made to show what part of railroad expenditure appertains to freight and what to passenger traffic, or how it should be divided between freight of different classes. No good or workable plan of differentiation in such matters exists. It is, however, possible to find out about how much the roads are charging private in- dividuals for approximately the same kind and quality of service that they are rendering the Government in connection with mail trans- portation, and to base the compensation upon that as a foundation. If it be true that present freights are too high, the question may be asked why the Gov- ernment, which has full power over them, has suffered these rates to go on being exacted. If they are not too high, as most conserva- tive men agree they are not, then the ques- tion recurs why the Government should fix its own rate of payment below that set for private persons. There is some reason at first sight larged. to believe that the new rates, suggested in the preliminary statement of the postal pay commission, have been framed in this way, and that they will be more helpful in establishing a good showing for the Post Office Department than in enabling the railroads to meet the de- mands upon them for fixed charges. The equities of the case, as well as the plain dic- tates of existing conditions, call for a fair return to the roads for service actually ren- dered. “Snap Action ” Strongly Condemned - (Macon, Ga., Telegraph, June 30, 1914.) The Telegraph would not undertake to criticise the Moon bill or to say that the railroads ought to receive more pay for their service unless it knew more about the arrange- ments between the railroads and the Post Office Department. But it does seem to us, and it will so impress all fair-minded men, that it is not fair to rush in a bill before Congress virtually setting aside the report of a special committee before that committee has had a chance of making its report. It would be fair for Congress to have the report of that committee before taking action which might be contrary to that which the report might justify. This “snap action” seems to bear out the contention of the railroads that they are not getting a fair deal from the Post Office Depart- ment. As we said in the outset, the main interest which the public has in the matter is to see justice done, both to the railroads and the Government. If the railroads are getting too little for hauling the mails they ought to be paid more. Congress certainly ought to have the benefit of the special committee's report before action on the matter is taken. With all of the lights before them the Congressmen would know bet- ter how to deal with the question. No Share in Increased Postal Receipts (New York Times, June 23, 1914.) The Government's postal receipts increased one-third within the five years before the par- cel post service was added to the strict mail service. This increase would have been impossible without the help of the railways, and yet the railways receive nothing more for their Serv- ices. The Government income from the post office increased sixty-three millions, and none of the increase was allowed to the railways. The case between the Government and the railways is essentially the same as the case between the railways and the shippers. The railways’ gross has increased and their net has fallen. The railways are working harder and getting less money from those who employ them. It has been a long and hard fight to convince the public that this is so, but as regards shippers in general the case has been won. The opinion that the railway rates ought to advance is general. Yet this opinion has not animated the sentiment of Congress on the railway mail pay question. IT IS NOW PROPOSED NOT TEIAT THE RAILWAY MAIL PAY SHALL BE IN- CREASED AT ALL, BUT THAT IT SHALL BE IREDUCED. Heretofore railway mail pay has been cal- culated at long intervals, and the railways carried the growth between calculations for nothing. They also furnished space in cars for which they were not paid, and what was called “side” services were exacted at ter- minals for nothing. The Government has gone so far as to admit that this was wrong, and ought to be changed, in the interest of the railways and the Gov- ernment’s sense of fairness. So the Govern- ment’s lawmakers have wrestled with the sub- ject and have determined that the railways should be paid by the distance they carry the mails and for space which they supply, side services being abolished. There are to be a Certainly no fair-minded person will say that the railroads, like any other employe, are not entitled to a fair wage for a service performed. * —Corpus Christi, Tex., Caller, june 20, 1914. line charge and a terminal charge, and every- thing is scientific to the last degree. The railways have issued a statement on the subject in which they igmore the scientific advantages of the plan. They think they have made out a case of underpayment, in fact, and they are in no mood to accept a theoretical payment of less. They calculate that the scientific method will pay them less by $10,000,000. Senator Bourne's estimate is a reduction of $2,500,000. The railways hardly can be blamed for their indifference to the technique of the calcula- tion. Even Mr. Brandeis has said that the postal service was unremunerative to the railways, and now the representatives of the people are preparing to reduce it scientifically. IN ALL CANDOR, IT MAY BE ASKED WHETHER THE ANTI-RAILWAY SENTI- MENT OF CONGRESS IS THE SENTI- MENT OF THE PEOPLE WHO SO GEN- ERALLY FAVOR THE ADVANCE OF RAILWAY RATES. Railroads Victims of Neglect (Charlotte, N. C., Observer, April 13, 1914.) Whether or not any railroads are granted freight rate increases or similar relief, they should no longer be denied a readjustment of the payments made them for carrying the mails. They have to carry the mails and at the Government's price. They are helpless against being victimized if such is the Government’s attitude. THROUGH IN CONSIDERATE N E G L E CT RATHER THAN WILFUL INTENTION, THEY ARE BEING VICTIMIZED AT PRESENT. Congress has compelled them to bear the brunt of the parcel post experiment, knowing, if it gave the matter any thought, that the more successful the parcel post proved the more money the railroads, with their unchanged com- pensation, would lose. The injustice done them as necessary public servants already in difficulties calls for correc- tion at the earliest possible date. The railroads should be paid not only for the cost of the service they give, they should be allowed a fair profit. —Chicago, Ill., Tribune, june 18, 1914. A Forced Service Uncompensated (The Toledo Times, April 6, 1914.) The parcel post ruined or 'crippled the ex- press companies without any compensation to them. It is now proving itself a heavy bur- den to the railroads, also without compensation, at a time when they are under the strictest Government surveillance and undergoing a critical period in the history of their develop- ment. If this is justice, there can be no such word as hardship in the English language. The time has come for the American people to call upon their representatives to cease an attitude toward corporations indicating that they are to be harassed simply because they are corporations. It is time to cease wringing unnecessary taxation from them and treating them as necessary evils if not public enemies. The parcel post should be developed to the utmost, but it should be done with justice Is Uncle Sam a Fair Master (Boston, Mass., Traveler and Evening Herald, June 25, 1914.) Uncle Sam is getting a pretty poor repu- tation as an employer among those whose busi- mess it is to haul the mails. - Cries of distress have come from the rail- roads which, while busy dodging the strong right arm of the Interstate Commerce Com- mission, have felt the pilfering hand of the Post Office Department in their pockets. They are not satisfied even with the rates that have been revised to allow for the tremendous in- crease in the mail business since the establish- ment of the parcel post. Through the legal talent they are able to command the railroads can speak for them- Selves. The great army of parcel post dis- tributors on city and rural routes must plod along under their burdens in order that the postal establishment may make claims of economy of administration. A nearby Massachusetts postmaster recently to all. threw up his job because the allowance for partment down. The people are more interested in doing what is right than in the efforts of the Post Office Department in making a record for keeping the expenses of the De- —Savannah, Ga., News, June 22, 1914. & transportation of mail between the railroad station and the depot was so miserly. The appropriation for hiring horses and carriages for the parcel post service ran out and even the ramshackle equipments that the Govern- ment employed have been laid aside. Word comes from the Pacific northwcºst that star route carriers are quitting by scores because they have been made into freight caravans. Having established the parcel post it is in- cumbent upon Congress to provide sufficient money for its operation. The niggardly al- lowance for horse hire and the unbusiness-like way of making contracts has been nothing short of disgraceful. Uncle Sam need not be a lavish paymaster, but he should be able to maintain the self- respect of the country. Railroads Properly Protesting (St. Louis, Mo., Star, June 16, 1914.) The railroads are properly protesting against the proposed pushing of the Moon bill to regu- late railway mail pay at the present time. There is probably no subject, not even that of tariff schedules, which is less easily under- stood by the ordinary member of Congress than that of the proper compensation for carrying the mails. In order to get at the bottom of this com- plicated matter, a joint committee of the House and Senate has been investigating it for some time and is expected to make a re- port and recommendations before long. Action before that report is made is unwise, as it would be sure to fall short of an accurate and equitable adjustment. Either the railroads would be treated unfairly or the Government would be paying too much. - It goes without saying that the roads are entitled to pay for what they do on the same general basis as other handlers of Government business. It also should go without saying that the Government should handle the trans- portation of the mails in the most systematic and economical manner possible and render proper service. Be Fair (Corpus Christi, Tew, Caller, June 20, 1914.) Railroads of the United States are claim- ing that the business of the parcel post has increased to such an appreciable extent that they are clearly entitled to increased pay for hauling the mails of Uncle Sam. The railroads have gone to great expense and trouble in an attempt to press their case exhaustively to the Joint Congressional Com- mittee that is now investigating this subject. They have claimed and have attempted to prove that the railroads are very much under- paid for carrying the mails. The railroads feel that the joint committee has gone into the matter so thoroughly and is itself so un- biased that they can rely upon the justice of its findings. Certainly no fair-minded person will say that the railroads, like any other employe, are not entitled to a fair wage for a service per- formed. If it be true that the railway mail carriage charges are not fair, then it is clearly a duty to remedy such conditions. Be fair! of confiscation. The Government cannot afford to take service for nothing, even from a railroad. That savors too much —Atlanta, Ga., Constitution, June 20, 1914. FEB 2 1915 r— “The duty of our Committee is to determine, as far as it is possible to determine, what is a JUST compen- sation to be paid to the railroads for the carriage of mail. “The apparent aim of the Post Office Department has been to evolve a method by which the railroad mail pay could be REDUCED.” —Former Senator Jonatham Bourne, Jr., Chairman of the Joint Congressional Committee on Railway Mail Pay. Should the Railroads Carry the Mails at a Loss? For two years past a Joint Committee of Congress has been inquiring what the railroads ought, in all fairness, to be paid for carrying the mails. Without awaiting the report of that committee, which is expected shortly, Congressman Moon, chairman of the House of Representatives Committee on Post Offices and Post Roads, introduced a bill, the effect of which, he says in his report, would be to reduce railway mail pay this year about $3,000,000. * Since the introduction of the Moon bill, former Senator Jonathan Bourne, Jr., chairman of the Joint Congressional Committee, has given to the press five statements in which he expressed his views personally, but not in his official capacity as committee chairman. Senator Bourne showed: 1. That the aim of the Joint Congressional Com- mittee has at all times been to fix just rates for trans- porting the mails, fair alike to the carriers and the public. 2. That the apparent aim of the Moon bill is to impose lower rates, wholly regardless of their fairness. 3. That the Post Office Department, which stands behind the Moon bill, has shown a similar spirit through- out the mail pay controversy. 4. That the rates proposed by the Moon bill are not merely too low, they are absolutely confiscatory. 5. That a rate theory which considers only oper- ating costs, and allows nothing for capital costs, is inde- fensible. 6. That equally wrong is the theory that because carrying the mails is a public service it should be per- formed at a loss. Senator Bourne's five statements to the press are here- with reprinted in full, not as expressing the views of the railroads, but in order that the public may be kept in- formed upon every phase of this important question. COMMITTEE ON RAILWAY MAIL PAY RALPH PETERS, Chairman. Position of the Congressional Committee Senator Bourne’s First Statement * The Joint Congressional Com- mittee proposes to remedy the injustice of the quadrennial weigh- ings of the mail and of the unpaid “side" and “transfer” services, and to devise a scientific method which will assure fair payment to the railways for carrying the mails. “Several newspaper clippings have been sent me purporting to represent the conclusions of the Joint Congressional Committee on Railway Mail Pay, which, because of the extreme technicality of the Subject, have clearly misrepresented the views now held by the Committee. “While true that the Committee has not finally determined as to all its conclusions regarding this extremely intricate subject, I believe it desirable that a statement be made to the people, through the press, briefly indicating the fundamentals on which the Committee plan is based and stating the suggested rates of pay that the Committee now has under consideration. “The plan adopts space as the measure of the service rendered. At present the compensation is based partially on space and partially on weight, about 90 per cent. Of the payments made to the rail- roads being determined by weight. “The average weight is ascertained by quadrennial weighings at an annual cost of approximately $400,000 to the Govern- ment. The country is divided into four divisions. A weighing is made in each division every four years. “The postal revenues have increased on an average 7 per cent. per annum the past ten years. There is no data on which to determine what the increase in weight has been. An Injustice to the Railroads “If the increase in weight of the mails transported by the railroads has been 7 2 per cent., as the increase in Government revenue from postal receipts has been, on an average, for the last ten years, then under a quadrennial weighing system every railroad company carries 14 per cent. of the Government mail for a period of four years and receives no compensation therefor. This is antiquated, unjust and ridiculous. Under our Committee’s plan this is all rectified. “There is no weighing, hence no cost to the Government in ascertainment. Four units are adopted—namely, a sixty-foot car, a thirty-foot car, a fifteen-foot car and pouch mail. “Under the weighing system, padding of mails is possible during a weighing period. Some concrete instances have been developed where it was attempted. Under the suggested plan there is no possibility of any dishonesty. “The Government is absolutely pro- tected, as the sole right of authorization of car space in any of the four units above designated rests entirely with the Post- master General, and the railroad receives a credit the instant it complies with the authorization of the Postmaster General. The system is standardized to the benefit of the Government and the railroad. “A new feature has been introduced in rate making. Two charges are provided for: A terminal charge which is fixed regardless of the distance traveled, grad- uated according to the amount of space authorized in the car by the Postmaster General and constructed scientifically upon the base of the switching and clean- ing costs in the movement of the car. “The second charge is the line charge upon a car-mile basis. By the segrega- tion of the terminal and of the line charges there is created a plan which equalizes the long and short haul; equal- izes the payment for service rendered be- tween the short line and the trunk lines and applies the wholesale and retail prin- The Proposed Basis of Rates “The following terminal rates for a round trip are now under consideration by the Committee : Tor a 60-foot R. P. O. and storage car.. $8.50 For a 30-foot apartment car 5.50 For a 15-foot apartment car . . . . . . . . . . . 4.20 For every car carrying closed pouch mail 1.20 “The line rates to be paid the railroads for each mile that the car travels under its authorization are: For 60-foot R. P. O. and storage cars. . . . 21c For 30-foot apartment cars . . . . . . . . . . . . 11C For 15-foot apartment cars . . . . . . . . . . . . 6C I'or car carrying closed pouch mail . . . . . . 3C “Under our plan the railroads are rightly relieved of or compensated for what is known as ‘side’ and ‘transfer” service. “It is no more reasonable or just to com- pel the railroads to deliver mail to a post Office after it reaches their terminals than for the Interstate Commerce Commission to require the railroads to furnish taxicabs free of cost to take passengers to their homes on arrival at their destination depots, Or motor trucks to receive freight at the freight terminals for delivery to the con- signees at the expense of the railroads. “There are a number of other strong features in the Joint Committee’s sug- gested plan which will be elaborated upon in its report to be made to Congress. “The aim of the Commission is to work out a sound, simple and scientific plan to Substitute for the present antiquated, in- tricate and unsound one. This, the Com- mittee feels, has been accomplished. “The goal has been the determination, demonstration and recommendation of just rates rather than the raising or lowering the amount of railway mail pay. This we believe will shortly be accomplished. To expect justice among its citizens, the Gov- ernment must do justice to its citizens.” ciple. × × xk :: What the Mail Service Should Yield Senator Bourne’s Second Statement Railway mail pay should be equally remunerative, per unit of service, as passenger receipts. The mail service participates fully in the benefits, and therefore should bear its share of the costs of all the facilities of the entire passenger traffic. “I am thoroughly convinced that for carrying the mails the railroads should be paid a rate that will give them the same re- turns, per car - mile, that they get On an average from p as senger traffic. I am speaking entirely for myself and in no manner for the Joint Committee on Railway Mail Pay. My conclusions have been reached after many months’ study of the subject. “The desiderata in mail transportation by railroads are frequency, regularity, speed and safety. Mail is carried almost entirely on passenger trains. The volume of passenger traffic determines and pri- marily controls the frequency, speed and regularity, and to a great extent the safety, of railroad passenger transporta- tion. Hence, everything that is necessary for increased volume of passenger traffic is a relatively corresponding benefit to the mail in its transportation over the railroads. “The Post Office Department has ad- vanced the theory that the mail shall not bear its relative proportion of expensive terminals, ticket agents and many other things appertaining to the passenger serv- ice, but I assert this contention is not Sound. The volume of passenger business depends on all of these things, and they are necessary to the increase of passenger business and, hence, necessary for mail transportation, and the Government should pay its relative proportion of same. An Inevitable Conclusion “With these premises and deductions I again assert that my own conviction is that the Government should at least pay a car-mile rate equivalent to the average passenger car-mile rate for the last five years, assuming the passenger car-mile rate to be a just rate—namely, a little over 25 cents per car-mile. If my premises are sound, my deductions are certainly syllogistical. “The duty of our Committee is to deter- mine, as far as it is possible to determine, what is a just compensation to be paid to the railroads for the carriage of mail. “The apparent aim of the Post Office Department has been to evolve a method by which the railroad mail pay could be reduced. “Government is formed for the protec- tion of its citizens and the preservation of their personal and property rights. It Ought to set an example for all the people and should, therefore, itself do justice to each individual in society.” a deficit? Are you not more interested in receiving a thoroughly efficient mail service than in reading in the newspapers that the Post Office Department has apparently escaped How Postal Authorities Changed Theories Senator Bourne’s Third Statement Four plans in four years, all with one object—not fair pay but lower pay ! No reason to suppose that the Moon bill is the final word of the Post Office Department. “Neither the Post Office nor any other Department in our Government should be intrusted with needless discretionary power. The function of an administra- tive branch of government is to administer law, not to legislate or enact law. A dura- tive government must be a government of law and not of rule and regulation. “During the past four years the Post Of- fice Department has suggested to Congress four plans for readjusting railway mail pay, all similar in the evident determination to reduce mail pay to railroads and se- cure more discretionary and autocratic powers for the Department, but all radi- cally different in their construction and possibility of practical administration. “On August 12, 1911, then Postmaster General Hitchcock recommended to Con- gress a bill fixing railroad mail pay on the basis of space, the compensation being determined by an apportionment by the Department of the railroad cost of oper- ation and taxes plus 6 per cent. thereof as a profit. For eighteen months the De- partment urged the adoption of this plan, asserting it to be ‘scientific and business- like.’ “It finally awakened to the realization that rights of way, road beds, tracks, equip- ment and terminals were necessary pre- requisites for the Operation of mail cars, and then it suggested a supplemental bill conceding that in addition to the 6 per cent. profit on the mail’s apportioned cost of operation and taxes, a reasonable employed and that the Interstate Com- merce Commission, rather than the Post Office Department, should determine said apportionments of cost; and further con- ceded that the law should specify that mail Service should be charged with the maximum space authorized in either direction. Not A Practicable System “The Department insisted that this sec- Ond suggested plan was scientifically sound. Yet this plan would require a different rate for each of the 795 railroads carrying mail. The apportionment of the items of cost would necessitate the adoption of many arbitraries and the present lack of a uniform Scientific method of cost apportionment in railroading would make the plan not only undesirable but practically unadministrable. “Recognition of the vital defects of its second plan caused the Department on February 12, 1914, to abandon its scheme for ascertainment and apportionment of operating and capital costs and to pro- pose a third plan embodying some of the features of a plan suggested by Mr. M. O. Ilorenz, Associate Statistician of the In- terstate Commerce Commission. - - “This third suggested bill remained in favor with the Department for only four months, when it again shifted its position by securing the introduction in Congress of what is known as the Moon bill, adopting some of the fundamental features of the Lorenz suggestion, but arbitrarily reducing rates and insisting on unnecessary discre- tionary and autocratic Departmental power. “Judging the future by the past, it may be reasonably expected that before Con- gress shall have time to act upon the De- partment’s fourth suggested bill, the De- partment itself will again shift its posi- tion, repudiate its work and propose some return should be allowed on the capital new plan for consideration and adoption. Why the Moon Bill Rates Are Far TOO LOw Senator Bourne’s Fourth Statement The Post Office Department's own figures show the rates of pay proposed by the Moon bill to be confiscatory, since they fail to cover the interest on capital. A like basis for all rates would speedily bankrupt every railroad. “In its insistent efforts to reduce rail- way mail pay the Post Office Department has attempted to dictate to Congress rates which, if adopted, would be confiscatory. “House Bill 17042, introduced by Mr. Moon, Chairman of the House Committee on Post Office and Post Roads, was, I am informed, prepared by officials of the Post Office Department and introduced by Mr. Moon at the request of the Postmaster General. “Under that bill the average revenue to the railroads would be less than 21.8 cents for hauling a 60-foot mail car one mile. I assert that this rate is confiscatory. I realize the responsibility of making such an assertion, but its justification lies in the Post Office Department’s own figures. “The Department spent several years in an attempted elaborate investigation of railroad expenses and car space. It pro- pounded over 140 interrogatories to the 795 railroads carrying mail. The rail- roads spent over $250,000 in securing the information asked for, and it cost the Government $19,500 to compile, tabulate and present such information in what is known as House Document No. 105, 62d Congress, 1st Session. According to Table 7 of that document the operating expenses and taxes alone amounted to 3.08 mills per mail car-foot mile, or 18.48 cents for hauling a 60-foot mail car one mile. This excludes the advertising and other traffic expenses with which the De- partment claimed the mail should not be burdened. The margin between this 18.48 cents and the less than 21.8 cents allowed in the Departmental bill, is so small that if sim- ilarly unprofitable rates were made on all railroad traffic, the roads must necessarily go into bankruptcy, because there must be a sufficient allowance for capital charges. What the Allowance Should Be “According to the Statistics of Rail- ways in the United States for 1911, pub- lished by the Interstate Commerce Com- mission, operating expenses and taxes were 72.53 per cent. of the operating révenues. At the same ratio, 7 cents, instead of the 3.32 cents allowed under the Department rates, would have to be added to the 18.48 cents to allow for capital charges, as the 18.48 cents covers only operating ex- penses and taxes. “In other words, 25.48 cents would have to be paid the railroads for hauling a 60-foot car one mile to yield the railroads from the mail business the average rate of profit now realized on all railroad traffic, both freight and passenger taken together. “This incident shows the danger of accepting and acting upon the recom- mendations of the Departments. It also illustrates the necessity for checking the present trend toward the initiation and control of legislation by officers of the ad- ministrative branch of government.” “A conspicuous example of false economy has been found in the railway mail pay situation.” —Birmingham, Ala., Age Herald, June 21, 1914. Bureaucracy Run Mad Senator Bourne’s Fifth Statement “In its persistent efforts to secure dic- tatorial power, the Post Office Depart- ment has broken all records. “The Department bill, H. R. 17042, provides that ‘not exceeding certain rates shall be paid to steam railroads for trans- portation of the mail. The same bill also contains a clause compelling the railroads to carry mail. “It is claimed that “not exceeding’ is but a continuance of existing law, but heretofore the railroads have not been compelled by law to carry mail. They are Supposed to have accepted the rates as a Voluntary act which in itself was assumed to be sufficient guarantee that rates will not be too low and it was only necessary for Congress to fix maximum rates. “But this assumption was not sound, as a railroad would hardly dare to refuse to carry mail because of irritation result- ant from Such action in the community in which the road operates. “The Interstate Commerce Commission is now authorized to fix maximum freight rates, it being left to the railroads to fix the minimum. It would be considered preposterous that the Commission should fix the maximum rates at which railroads must carry freight and leave the shippers to fix the minimum. “Yet this is the very thing that the Post Office Department proposes for mail pay in the Departmental bill. Congress is to fix the maximum rates and the shipper—the Post Office Department—is to fix the minimum rates, and the rail- roads are to be compelled to carry the mail. This is a proposition without parallel in the history of Tate regulation. It is Bureaucracy run mad.” Unfair Competition by the Government Speakers at the recent convention of the wholesale Grocers’ Association at Minne- apolis protested against the use made of the parcel post in the distribution of merchan- dise at less than cost, and one of them said that he did not believe it was fair competi- tion for the Government to grant a subsidy through the Post Office Department in favor of certain kinds of business. Certainly the Government engages in unfair competition with the express com- panies when it carries the parcel post at a loss, and in the matter of railway mail pay it has been less than honest. —Rochester, N. Y., Post-Express, July 3, 1914. Railway Mail Pay Should Yield a Fair Profit There is pending before Congress a law regulating the amount to be paid to the railroads for carrying the mails. It is charged on the part of the railroads, with considerable force, that the bill, known as the Moon Bill, disregards the results of a prolonged investigation by a commission appointed by Congress, and that it will result in underpaying the roads. This is a matter which can be determined by a candid examination of the data sub- mitted by the Department, the roads and the commission. When the facts are ascer- tained the pay fixed for the service should be sufficient to cover the cost and leave a fair profit. Certainly no one can disagree with that proposition. —St. Louis, Mo., Republic, June 23, 1914. “Squeezing the Mail Carriers” Reprinted from the Philadelphia Record, June II, 1914 Former Senator Bourne, who is chair- man of the Joint Congressional Com- mittee on Railway Mail Pay, is quite right in characterizing the pending Moon bill as a most extraordinary measure. It is claimed for the bill that, in au- thorizing the payment of rates “not ex- ceeding” a scale therein fixed, it merely follows the existing law; but there is a very substantial difference between the existing regulations and their proposed substitutes. The Moon bill would make the trans- portation of the mails by the railroads compulsory. To be sure, the railroads have not here- tofore been absolutely free to take the Government’s business or leave it. The compulsion, if not legal, was moral. No common carrier would have cared to ex- pose itself to the hostile public criticism which would have been aroused by a re- fusal to provide mail transportation fa- cilities. But, theoretically at least, the railroads under the old law enjoyed the liberty of contract. If the rates received by them for transportation fell below the maxi- mum prescribed by Congress it could be assumed that the remuneration was sat- isfactory to them, for the statute left it to the volition of the carrier to transport at a price less than the maximum fixed. The Moon bill enlarges “the authority of the Post Office Department by making transportation compulsory, in addition to giving the Postmaster General authority to say what the rates ought to be. This would be equivalent to a law per- mitting shippers to prescribe minimum freight rates on their own shipments after Congress or the State Legislatures or ad- ministrative commissions had established maximum rates. A sack of mail is freight, and the Post Office Department to all intents and pur- poses is a shipper. Privately owned railroads are run for profit as well as for public convenience, and, from a commercial point of view, traffic that can bear a relatively high rate (and postal traffic can) ought to bear it so that other commodities, which must be moved at unremunerative rates or not at all, may be transported to their mar- kets. If the regulation of the rates for trans- porting the enormously greater volume of ordinary freight can be safely left to the Interstate Commerce Commission, why could not that body be intrusted with the duty of finding fair rates for the lesser quantity of postal freight? A law which would permit the Post- master General to cite the railroads be- fore the Interstate Commerce Commis- sion, to adjust from time to time the rates of mail transportation, would answer the requirements of the case far better than any statutory schedule of railway mail pay. - “The railroads are part and parcel of our life, and we cannot be unjust to them and maintain the fair dealing which should be characteristic of an honest people.” —Charleston, W. Va., Gazette, june 25, 1914. “The mails are freight, and they are becoming more SO as the weight of the parcel post increases. . . . The Government is a shipper, and no other shipper demands the right to fix his own rates.” The Railroads Appeal to Congress for Fair Treatment Congressman Moon, Chairman of the House of Rep- resentatives Committee on Post Offices and Post Roads, has introduced a bill (H. R. 17042) the effect of which will be to reduce the payment to the railroads for carrying the mails by many million dollars annually. Immediately upon the bill's introduction, representa- tives of the railroads asked for a public hearing on the new bill, before it should be acted on. That request was not granted. The Joint Congressional (bi-partisan) Committee, of which Ex-Senator Jonathan Bourne, Jr., is Chairman, which had for two years been making a thorough investigation of this subject, had announced its intention shortly to submit a report. The Railroad Committee, through its Chairman, Mr. Ralph Peters, President of the Long Island Railroad, has accordingly addressed an open letter to Congressman Moon, setting forth the railroads' view that the proposed bill is unfair and unwarranted. That letter follows: The Plea of the Railroads for Fair Play NEW YORK, July 1, 1914. HON. JoHN A. Moon, Chairman, Committee on the Post Office and Post Roads, House of Representatives, Washington, D. C. My Dear Sir: The Committee on Rail- way Mail Pay, representing two hundred and sixty-four railroads, operating 218,- 000 miles of line in the United States, has been urged by the presidents and other executive officers of the railroads throughout the country to appeal to you, and through you to the representatives of the people in Congress assembled, for fair treatment in fixing any basis of com- pensation for the handling of the mails. A personal effort was made by mem- bers of this committee to secure from you a hearing on the bill recently introduced in Congress by your committee, but with- out success; therefore, we submit this open letter. We desire to protest against the method of paying the railroads for the valuable Service rendered the Government, as con- templated in House Bill No. 17042. :}: :k ::: ::: Our first and logical reason for making this protest to you is that this question is now pending before a Joint Congres- sional Committee, which has had the whole subject under most careful con- sideration, continuously, for more than two years, and has announced that it is about ready to make its report. The introduction of bill No. 17042, in effect, forestalls the report of this Joint Committee, and commits Congress before the results of that investigation are made known. The Joint Committee of Congress is a bi-partisan body, and the Post Office De- partment has had the fullest opportunity of presenting the views of its officials be- fore it, many of them having appeared as witnesses. The railroad companies have been called upon at great expense to furnish complete detailed information regarding their mail service, and the evidence in- troduced, occupying twelve volumes, is thought to embody the most complete and exhaustive testimony that has ever been collected on the subject. The passage of House Bill No. 17042 would practically ignore the action of your own Joint Committee. :: ::: ::: ::: The Post Office Department’s Four Bills This is the fourth bill which the Post Office Department has framed and recommended on this subject within the past two years, each differing materially from the others. Its first notable announcement was that, upon the basis of the statistics which it had published, the railroads of the coun- try were overpaid $9,000,000 per year for carrying the mails, a conclusion reached by excluding from the considera- tion of cost any return upon the capital used and employed by the companies in conducting the mail service. So glaring was this error that the Depart- ment was compelled to rectify it and modify its claim of overpayment down to $221,000 in testimony before the Joint Congressional Committee. The proposed bill Will, in our opinion, reduce the compensation of the railroads for carrying the mails several million dollars annually, while we are now under- paid at least $15,000,000 per year for the service we render. The compensation for carrying the mails on the basis of weight and distance has shown a large growth, due to the re- weighing in two sections of the country. The appropriation bill, adopted in March, 1914, provides for this growth, but House Bill No. 17042 makes a basis that will produce several million dollars less pay than has been provided in that appropriation bill. :: :: :}: :: Proposed Inconsistency There are two sections of the country where the mails have not been weighed since the parcel post was introduced, and it is inconsistent to make a new basis of pay that will not fully provide for the large growth of the mails in these sections. Fur- thermore, there has been a very large in- crease in the weights of mail in the first section that was weighed after the inaugu- ration of the parcel post, and no allow- ance has been made for that service. If the proposed new basis of pay has been figured out at rates that will pro- duce approximately the compensation paid under the weight basis, the rates should not be adopted until the weights and compensation for same have been ascer- tained for the entire country by a simul- taneous weighing in all sections. :: :k :k :k When the parcel post legislation was enacted and the railroads petitioned the Department for a weighing, so that they might secure full compensation for car- rying this greatly added volume of traffic on their passenger trains, the answer given by the Department was: “Wait until the Congressional Committee makes its report.” # The Railroad Companies do not favor the adoption of any space basis for as- certaining what is proper compensation for carrying the mails. :}: :k ::: ::: THE MAILS ARE FREIGHT, AND MORE SO AS THE WEIGHT OF THE PARCEL POST INCREASES AND THE GOVERNMENT ENTERS MORE AND MORE INTO COMPETITION WITH THE RAILROADS IN THE CARRIAGE OF COMMERCIAL FREIGHT. :k Sk :}; >}: Space in cars under complete control of officials of the Post Office Department as a basis of payment for this service is an anomaly; it will not fit your mail Service; and, in our opinion, it will tend to the reduction of facilities and general inefficiency. In this service the Government is a shipper, and no other shipper demands the right to fix his own rates. It uses the facilities of the Companies in com- peting with their own service, and in view of the published intimations of greatly added revenue from the carriage of parcel post, common fairness would seem to de- mand that the Railroad Companies should be permitted to share in the increased rev- enues that the Government collects from the people for the use of these facilities. :k :: :: :}: The Sound Policy The wiser policy, will consist in it seems to us, modifications and im- provements of the existing system, based, as that system is, upon the method of compensating railroads for carrying freight that is universally recog- nized as sound; such modifications to be an annual weighing of the mails, pay- ment for the use and haulage of apart- ment post office cars, relief from the mes- senger Service, and other reforms. We have no means of knowing what the report of the Joint Congressional , Committee will be, nor what basis of mail pay it will recommend, but we feel that we can nevertheless consistently urge that no action upon this very important sub- THEY ARE BECOMING MORE AND ject, involving such radical departures gº tº gº tº g ... •º from existing law and practice, be taken without at least having the complete tes- timony giving the reasons for the position taken by the railroads, as well as the con- clusions of your Joint Committee laid be- fore Congress. Knowing that Congress appreciates the fact that the railroads are a vital and necessary part of the life and prosperity of the country, and, therefore, entitled to fair treatment and full compensation for the valuable and indispensable services they perform for the people, we, the op- erating men, who are responsible for the daily workings of these great arteries of traffic, respectfully ask that you consider their side of the question, as well as that of the Post Office Department, before you reach your conclusions. The people are fair, and we believe their representatives desire to be so. :}; :: :k :k HOUSE, BILL No. 17042 IS NOT FAIR. Respectfully, COMMITTTEE ON RAILWAY MAIL PAY, Representing 264 railroads operating 218,000 miles of line in the United States. By R ALPH PETERS, Chairman. becoming evident.” “It has been too much the fashion in the past to assume that whatever was required of a railroad cost nobody anything. The error of that notion is fast —HON. CHARLES A. PROUTY, Director of Valuation, Interstate Commerce Commission, in Address at Convention of National Railway Commissioners, Washington, D. C., November 18, 1914. Shipping Gold by Parcel Post at the Expense of the Railroads Since the outbreak of war in Europe the Government has shipped nearly 200 tons of gold, worth about $99,000,000, from Philadelphia to New York without cost for railroad transportation. This was accomplished by sending the gold as parcel post. Rail- way mail pay provides compensation only for carrying the ordinary mail and includes no specific allowance for such extraordinary service as handling gold transfers for the Treasury Department. The postal officials nevertheless took the ground that the gold must be carried, with- out additional payment, under the four- year contract for transporting the regular mails. This contract, in the case of the railroad over which the Post Office Department routed the gold, called for fixed rates of pay, based on the mail carried in the Spring of 1913, when the parcel post was in its infancy and gold shipments had never been thought of as coming within its legitimate scope. The gold was packed in canvas sacks, each containing $5000 and weighing a trifle under 19 pounds. Nineteen thou- sand eight hundred such sacks were carried between the two cities. The postage required, at the ordinary parcel post rates, of funds from one Department of the Government to another. Had the gold been shipped by express, as has been the practice heretofore, the railroad would have participated in the payments made for the service. The largest single transfer of the gold consisted of $50,000,000 in double eagles from the Philadelphia Mint. It divided into three installments, sent on as W 3 S many successive days. To convey these 100 tons of treasure 91 miles to New York, the railroad furnished, altogether, four special cars. precaution, requested by the postal author- ities, the cars were detached from the regular trains some miles from destination and hauled the remainder of the way by special locomotives. As an extra was $4554, but this was merely a shifting Round trip transportation was provided for more than 100 postal clerks and inspec- tors who accompanied the gold as guards and for each of whom the railway Com- pany was obliged to assume the same liability as for a passenger paying full fare. All of this was done without any com— pensation to the railroad beyond the regu- lar monthly payment for the routine mail service. * + Six subsequent gold shipments over the same route amounted to $49,000,000. In similar manner, $5,000,000 was sent from New York to Boston and $840,000 from New York to Ottawa, bringing the total gold shipped by the Government through the parcel post, and carried at the railroads' expense, to $104,840,000. * * A Practical Example of Railroad Loss Through Misuse of the Parcel Post The general merchant of a West Vir- ginia village, who happened also to be a fourth-class postmaster, recently received an order for four barrels of flour from a customer living 26 miles away. Being a keen business man, the merchant sold himself $11.69 worth of postage stamps, loaded the flour into 32 sacks and shipped it by parcel post. Then, having a claim on the Government for the face value of stamps cancelled through his office—such being the method of paying fourth-class postmasters—he refunded to himself, as storekeeper, the money he had paid him- self, as postmaster, and so was out nothing for delivery costs. The interesting question arises, who paid for the transportation of the flour The answer is that no one did. The railroad by which the flour was shipped lost the freight revenue it would otherwise have earned and was obliged to haul the 32 sacks as mail, without supplementary payment, % + under its four-year contract, made in 1913, for carrying the ordinary mails. The Government lost nothing by the transaction because it paid nothing for the additional service. It is recorded that in unloading the flour at destination the train was delayed ten minutes, for which it may well be imagined that the passengers, not understanding the cause, blamed the railroad. It would have been preferable, as far as the railroad and its patrons were concerned, to have hauled the flour in a freight train and cancelled the charges, but the law would not permit this. The flour having been ( (. º y y * mailed,” there was no choice but to carry it, like other mail, in a passenger train. There are 50,000 fourth-class postmas- ters in the United States, many of them country storekeepers. Each of them, it would appear, possesses the equivalent of a frank for freight or express service via the parcel post. + + for hauling the mails. after month. It ought to be apparent to anyone that there is much truth in the arguments of the railways respecting the matter of pay The immense volume of traffic imposed by the introduction of the parcel post ought to be paid for. No private business would tolerate for twenty-four hours a condition which the Federal Government ignores month —Rochester, N. Y., Herald, November 26, 1914 One Case Where the Parcel Post Was Carried at a Profit y Many of the “star route contractors’ —private individuals carrying the mails on routes not covered by rail or steamboat service—have been overwhelmed by the parcel post, which they, like the railroads, have been obliged to carry under their old contracts without additional payment. In- stances of bankruptcy have been reported, resulting from the expense of motor cars and extra teams required to handle the great increase in the volume of heavy mail. Some, however, were lucky enough to have contracts calling for payment by actual weight, and the ingenious among them have turned the situation to good a CCOunt. Out in Arizona one of these carriers started a grain shipping business over his own mail route, which extends from a rail- road station to a town 30 miles distant. % + He began with a venture in barley, pur- chasing 10,000 pounds at a point 340 miles up the railroad and shipping it by parcel post to the town at the end of his route, a total distance of 370 miles. The price of the barley, per 100 pounds, was 95 cents and the postage $1.08, making the gross cost, delivered, $2.03. But, for the 30-mile stretch over which the grain shipper, himself, carried the mail, the Government paid him $2.25 per 100 pounds, so that at destination each hundredweight of barley stood him, net, 22 cents less than nothing. He recouped the first cost of the entire 10,000 pounds, with a bonus of $22. * * * * The railroad which carried the grain 340 out of the 370 miles received nothing beyond its fixed mail pay. % + Does the Government Owe the Railroads Observance of the Golden Rule? From the Norfolk, Va., Virginian-Pilot, November 25, 1914 Not only are they [the railroads] denied reasonably adequate compensation for the handling of the increased and increasing volume of mail matter which they are called upon to carry by reason of parcel post introduction and extension, but they lose a comparatively large revenue from the express companies which they would otherwise be drawing. Obviously this is unfair and altogether unworthy of a great Government, one of whose chief functions and duties is to see to it that the balances are held evenly among all classes of the citizenship, arti- ficial as well as natural. The Virginian-Pilot holds no brief for mental authorities ought to recognize, in dealing with the country's agencies of transportation, what must be apparent to anybody and everybody who stops to think—that the interests of the railroads and the public interest are so interwoven that the former cannot be injured without the latter also, and consequently suffering. And surely a Government which under- takes, and properly so, to compel the rail- roads to deal justly with the public should not itself set the example of dealing unfairly and unjustly with the railroads. The authority to compel proper service carries with it the obligation to allow the railroads, but certainly the Govern- proper compensation for service rendered. “Government Injustice” From the Washington, D. C., Post, December 3, 1914 How is it possible for the United States Government to expect a high standard of business ethics from private or semi-public corporations when the Government itself engages in a policy which is palpably un- just 2 Under the system of weighing the mails and readjusting railway mail pay only at four-year intervals, every railroad is re- quired to carry the increase in the mail ton- nage for four years without compensation. At the time the parcel post was estab- lished, on January 1, 1913, no provision was made to pay for its transportation by the railroads. The railroads had to trans- port the entire volume of parcel post pack- ages for six months without a penny of Compensation. Such a practice, if engaged in by a big corporation toward a weaker one, would The Wrong Kind of Economy Bridgeport, Conn., Standard, Nov. 23, 1914 There is not the slightest doubt that the parcel post has come to stay. It does not, however, necessarily follow by any means that the methods by which this department of the activities of the Post Office are being developed are not in some respects open to legitimate criticism. In its effects upon the railroads the parcel post has been particularly oppressive. At a time when the Interstate Com- merce Commission is reading homilies to railroad presidents on the necessity of making every form of traffic pay its own way, it is particularly inconsistent for one Department of the Government to attempt to make a showing by denying to the railroads fair compensation for services rendered. result in prosecution by the United States Government. Nearly two years have elapsed since the establishment of the service, yet approxi- mately half the parcel post is today being carried by the railroads without payment. In the present year alone it is estimated that the railroads will lose $8,000,000 by reason of this unjust practice. In the collapse of two of the express companies, and the impairment of the busi- ness of all the others, the railroads lost con- siderable business that was profitable. They are compelled to carry the Government's express business at a much lower rate. Per- haps there is justification for this, but certainly there is no excuse for taking $8,000,000 out of the pockets of the railroads each year. * * Unfair to the Railroads Fall River, Mass., Globe, Nov. 9, 1974 The Federal Government is insistent in its demands that the railroads shall conform to the requirements that it has laid down to be observed by them in conducting their business and in rendering service to the That is as it should be. At the same time, however, the Govern- ment ought to recognize its obligation to accord the roads a square deal when they are rendering it a service. It obliges them to exact equitable rates from all doing public. business with them with a single exception —and the itself. This is unjust and inconsistent. that is Government Ever since the advent of the parcel post, most, if not all, these transportation com- panies have been carrying the mails at a loss. price for what it gets. The Government, like the individual, should pay an honest —Albany, N. Y., Knickerbocker Press, November 22, 1914 º} * !f . º § P/g ſº *s } 4. & 8 & g * ſº • 2 * ** sº K A * > * . . . ' ' © *e “The profits of the parcel post, in fact, come out of the pockets of the railways, which are transporting mail matter of this sort at ruinous rates.” —Philadelphia, Pa., Public Ledger, November 19, 1914. How the Parcel Post Has Forced Unpaid Service from the Railroads When the parcel post was established on January 1, 1913, no provision was made to pay for its transportation. As a result, the railroads carried the entire parcel post for the first six months with- out any payment whatever. Meanwhile, the mails were weighed on the railroads in the Middle Atlantic States, and on July 1, 1913, the mail pay of those railroads was increased to compen- sate them for the weight of parcel post then being carried. Six weeks later, the weight limit per parcel post package was raised by the Postmaster General from 11 to 20 pounds, and on January 1, 1914, to 50 pounds. The postage rates were lowered. For the additional traffic created, the Middle States railroads have not been paid and are carrying for nothing all packages above 11 pounds weight. Last spring the mails were weighed in the far West and the increased pay found to be due was awarded to the railroads of that section, beginning July 1, 1914. These are the only railroads in the country now being fairly paid for carrying the parcel post. In densely populated New England and the Middle West, and in all the Southeast, the railroads are still carrying the parcel post without pay, save for certain arbitrary allowances, in no case exceeding a 5 per cent. increase in mail pay and ranging down to a fraction of 1 per cent., which Congress permitted the Postmaster General to make at his discretion. Actual weighing of the mains elsewhere showed that proper increases would have been 20 to 25 per cent. Nearly two years have now elapsed since the establishment of the service, yet approximately half the parcel post is today being carried by the railroads without pay- ment. Results shown in the cases where the increased weight of mail has been properly ascertained indicate that in the the railroads, as a present year, alone, whole, will thus lose upward of $8,000,000. For this injustice the cause lies in the Post Office Department's practice of weigh- ing the mails and readjusting railway mail pay only at four-year intervals, one of the four “ mail contract sections " into which the country is divided being covered each Every railroad, after receiving an this year. adjustment of pay, is required by system to carry the increase in the mail ton- nage for four years without compensation. In an appeal for fair play, the railroads, through the Committee on Railway Mail Pay, have joined in asking Congress to require by law that the mails shall be weighed throughout the country at least once a year, and the railroads paid for the annual increase in the weight of Simple justice long ago required mail carried. this reform. The parcel post has made the need doubly urgent. of mail transportation.” “A square deal is required by the Government in the transactions of citizens or corporations doing business with it, but for years it has been per- sistently regardless of its obligation to be fair with the railroads in the matter Pittsburgh, Pa., Gazette-Times, November 11, 1914. Ex-President Taft Says Railroads Are Not Properly Paid for Carrying Parcel Post Mr. Taft, in whose term as President the parcel post was established, sent to Mr. Frank E. Noyes, Manager of the “Parcel Post News,” Marinette, Wis., a letter of which this is a fac-simile. W LLIAM H. TAFT N Ew HAVEN, con N October 2nd, l914 • My dear Mr. Noye B : I have yourg of September 25th. I regard the Parcels Post as one of the things which was initiated in my administration, and which I am sure will bo regarded as a great step ſorward in methods of cheap transportation for the poople . e machinery for A the post or 1 ice it has been demonstrated offers peculiar facilities for the conveyance of parcels . This was shown in Europe before we adopted the system and has been shown by its practice here since its adoption. There iB one thing connected with the Parcels Post that ought not to meet the approval of anybody, and that is that we have not given to tho railroad 8 appropriate compensation for the additional burden that they have to carry by reason of the Parcels Post, but after a time Congre S G will see its duty and make repara- tion in this regard I hope . The Po 9tal Savings Banks and the Parcels Post have been long coming becau Ge of the opposition of both interested and ai Binterested persong, but they are here now and it will be most interesting to watch their usefulness grow. Sincerely you re, Mr. Frank E. Noyes, Manager Parcel Post News, Marinette, Wisconsin. The underscoring was not in the original, but was inserted for purpose of publication “The laborer is worthy of his hire ‘’ no less when that laborer is a railroad corporation than when he is an individual. The great profit of the parcel post business to the Govern- ment cannot decently or honestly be swollen inordinately by making the railroads carry the parcels for pay that no one pretends to believe is adequate or fair. –Philadelphia, Pa., Press, December 28, 1914 . Should a Postal Surplus Be Claimed While Railroads Are Underpaid P The Postmaster General's report shows a surplus of $3,600,000 for the last fiscal year, but the railroads lost more than that sum through underpayment for carrying the parcel post. Congress can correct this situation, so far as the railroads are con- cerned, by providing for : 1. Weighing the mails at least once a year and pay- ing the railroads for the annual increase in the tonnage carried. 2. Relieving the railroads from carrying the mails to and from post Offices along the lines, or else paying them fairly for this extra service. 3. Paying the railroads at just rates for the traveling post offices in more than 4100 combination cars, which have been equipped for the exclusive use of the Post Office Department. Y. * g. .**- º -ºr ** Public opinion throughout the country, as reflected in the daily press, is practically unanimous in urging that Congress now grant the railroads that fair payment for carrying the mails which has been So long withheld. Some of the recent comments of the newspapers on this subject are reprinted, in the following pages, by the Committee on Railway Mail Pay. - - RALPH PETERS, Chairman. New York, January 12, 1915 easy to believe him. Mr. Burleson says that the Post Office Department now has a surplus. roads of this country, at least, will find it —Philadelphia, Pa., Public Ledger, December 17, 1914 The rail- The “Pound Of Flesh” New York, N. Y., Commercial, December 15, 1914 Postmaster General Burleson is entitled to credit for making progress, but when he claims that the books of his Department show a surplus for the second consecutive year of his administration, he does no more than prove that the books are Wrong and that such a system of bookkeeping would disrupt any business man or private corporation. Added to these old bookkeeping sins we now have the existing robbery of the rail- roads of the country. One of the chief features of this report is the enormous growth of the parcel post service, and it appears to have been run at a profit. But how has this profit been earned P. The railroads answer Sadly that it has come out of their treasuries. They have been compelled to carry all this great increase in mail matter without adequate compen- sation. The Post Office Department has exacted its pound of flesh by making the railroads carry the additional mail matter for prac- tically the money which they agreed to accept for carrying the mails before the parcel post service was established. The railroads also lost the revenues they formerly got from the express companies for carrying Small parcels that now go by post; so they are underpaid for what they do and lose what they formerly received at the same time. + 3 + k A “Square Deal?” Now in Order Philadelphia, Pa., Record, December 22, 1914 The Interstate Commerce Commission in its first rate decision declared that the railroads should make every department of their business contribute proportion- ately to their earnings, and counsel for the Government in their argument of the case granted that the transportation of the mails by the railroads was “unremunera- tive.” The Postmaster General has advanced the proposition that such transportation being distinctly a public service, the rail- roads should not expect to make a profit out of it; but there is no obligation, legal or moral, that the railroads should con- duct this branch of their business at a tremendous annual loss—a loss which is steadily increasing, moreover, through the growth in volume of parcel post matter. The reform proposed in the postal ap- propriations bill may not provide adequate relief; but amendments will be in order So that it will be possible for the railroads to get a square deal. * } + X- No Cause for Boasting Baltimore, Md., Sun, December 15, 1914 Mr. Burleson himself admits that the Government has not been paying the rail- roads a fair rate for carrying the mails, and recommends a change in the basis of compensation, and it is conceded on all sides also that they have been imposed upon in connection with the additional duties required of them under the parcel post system. Whether Mr. Burleson's surplus would disappear if he paid properly for this work we do not undertake to say, but it would certainly be very considerably re- duced. A surplus that is obtained by making other people lose money is not the kind of a sur- plus to brag of, and we hope that Mr. Burle- son will get very strongly behind measures which will remove this injustice, whether it brings him into debt or not. It is just as dishonest for the Govern- the accomplishment with just pride, and the public to view it with general gratifi- cation; if the latter, then exactly the con- trary is the case. Leaving altogether out of account the question of justice and fair dealing, which should be sufficiently compelling in itself, and considering the matter from the stand- point of economy alone, the taxpayers of the country are obviously immeasurably more concerned that transportation fa- cilities shall be kept up to that degree of ment to cheat the railroads as to cheat an adequacy necessary to the proper promo- individual. + k + º- What the Taxpayers Want Norfolk, Va., Virginian-Pilot, December 18, 1914 Postmaster General Burleson, in his an- nual report, declares that, “for the first time since Benjamin Franklin organized the postal service under the Continental Congress, the Post Office Department has been securely placed upon a self-sustaining basis.” Taken at its face value, this statement is both gratifying and encouraging; but is it altogether certain that it is entitled to be so accepted P Has the result effected been brought about with due regard for, or at the ex- pense of justice to, the railroads in the matter of proper remuneration for carry- ing the mails, which have largely and steadily increased in bulk since the in- auguration of the parcel post? If the former, then Postmaster Gen- eral Burleson has every right to point to tion of progress and prosperity than that a few million dollars a year should be saved to the public treasury. % + + + History Repeating Itself New Haven, Comm., Journal-Cowrier, December 15, 1914 It is not easy to read good naturedly the part of the [Post Office Department] report which states specifically that the Department shows a surplus of $3,600,- 000 for the fiscal year. When we came to examine the equally jubilant report made of a surplus account in the Post Office Department by former Postmaster General Hitchcock, we found it a fanciful entry. It is the same with this report of General Burleson’s. Just exactly what the figures would be if the Post Office Department paid the railroads of the country a fair price for the services given in carrying the mails, we do not know. We do know, however, that in the case of the New Haven system the loss to that company netted $600,000. not pay its bills. Offices rent free. they carry the mails at a loss. Most people will reject the claim that the Post Office Department is a model, that it is self-sustaining and that it renders a maximum of service at a minimum cost. contrary, it is wasteful, and in many cases inefficient. In the more important cities it has expensive The railroads contend that in many cases On the It does —New York, N. Y., World, December 15, 1914 A PREDICTION THAT CAME TRUE The volume of parcel post matter is increasing without a cent of extra pay for the roads. gained by such means will be a poor advertisement indeed. A Department surplus –Brockton, Mass., Times, October 9, 1914 It does not take a very large knowledge of post office statistics to imagine what the report would have been had these items, as they affect all of the railroads of the country, been included in the report. We should have had gloom in place of joy. + + k + “The Railway’s Christmas” New York, N. Y., Times, December 27, 1974 The Pennsylvania Railway handled 5,500,000 Christmas postal parcels in this city and 3,500,000 in Philadelphia. Con- ditions were similar throughout the coun- try, the postal parcel business being heavier by half than a year ago. This is altogether welcome and admir- able, so far as it reflects conditions among the senders. and receivers. To the Post Office it is a welcome addition to the sur- plus. But to the railways it is a dubious dividend, something to be entered to debit rather than credit, for work certainly done and certainly not paid for. The Post Office revenues creased 16 per cent. since the establish- ment of the postal parcel business. The railways’ mail pay has increased 2 per cent. The difference is profit to the Post Office. The annual report says so. It seems that everybody who received a postal parcel which the Government had not paid the railways for carrying Ought to feel a little mean. It seems that those whose income or wages through the rail- ways was reduced must be not a little mad. Whether such a policy of the Govern- ment toward the railways is conceived in the President’s “spirit of candor and jus- tice” toward business enterprise may be left to anybody with a conscience, regard- less of his personal profit or loss. have in- Weigh the Mails Annually Waynesboro, Pa., Herald, December 17, 1914 Postmaster General Burleson in his an- nual report exults in the fact that the Department shows a surplus for last year of more than three and one-half millions. This being the case, it would be only just that the railroads should have a more ade- quate allowance for the vast increase of mail matter they are compelled to haul under their contracts. The people of this country are not en- titled to nor do they wish to get anything for nothing. They can afford to pay for any service rendered them. Let the mails be weighed annually and the contracts renewed on that basis. -K- * A Plea for Justice Lymm, Mass., News, December 15, 1914 The United States Government has added thousands of tons of mail matter to its ser- * + vice without compensating the roads one cent for the increased service. This is not even common fairness such as would obtain between individuals doing business with each other, and the Gov- ernment, in its power, ought not to be guilty of doing an unfair thing, even against a railroad. That added compensation for the roads has the endorsement of eminent authority is shown by a recent utterance of ex-Presi- dent Taft, during whose administration the parcel post was initiated. He says that “there is one thing in con- nection with the parcel post which Ought not to meet the approval of anybody, and that is that we have not given to the rail- roads appropriate compensation for the additional burden they have to carry by reason of the parcel post, but after a time Congress will see its duty and make reparation in this regard, I hope.” The words of the ex-President have significance. He is a fair man and wants the railroads of the country treated fairly. +& X. X. X: “Unpaid Mail Bills'’ Watertown, N. Y., Standard, December 23, 1914 Although the railroads are hauling par- cel post mail at a loss of $8,000,000 a year, the Administration has asked Congress to compel the railroads to carry a part of that matter at rates lower than shippers pay for ordinary freight. It takes some nerve for a Postmaster General to report a profit in the admin- istration of his Department when he pays half rates for transportation. The Government is great on the morals of private enterprise. What do the people think of the Administration’s business ethics 2 :k ::: ::: :k “Candor and Justice ’’ New York, N. Y., Wall Street Journal, December 15, 1914 It is the simplest thing in the world to make a splendid exhibit of saving, for the shipper or for the Government, by com- paring parcel post with express rates, so long as the railroads are paid for their part in the transaction not what the serv- ice is worth, but what Congress and the Post Office Department choose to pay, which may even be nothing at all. If individuals were in a position to buy what they need at their own prices, the cost of living would come tumbling down, like Lucifer, “from morn till noon, from noon till dewy eve.” But to those who produce the means of keeping the human machine going it would seem, in the light of the new day, that both candor and jus- tice were off the market. :}; :k :}; :}: A Clear Case Johnstown, Pa., Democrat, December 16, 1914 If the railroads have demonstrated one fact it is that they are underpaid for hand- ling the parcel post business. The Post Office Department shows a surplus for the fiscal year. If this surplus has been acquired at the expense of the railroads it has been dishonestly acquired. For the Government to rob a railroad is not a bit more reputable than for a rail- road to rob the Government. :: :: ::: ::: Efficiency First Boston, Mass., Christian Science Monitor, December 17, 1914 Morally, the United States Government cannot afford to pay the railroads less than they are entitled to for the carriage of mails, simply because it has the power to do so. We regard it as a mistaken belief, com- mon in some quarters, that the keeping down of expenses is the first and great desideratum in the conduct of this branch of the public service. to purge itself. THE INJUSTICE OF RAILWAY MAIL PAY The wrong done is flagrant. that the Government is undertaking to call all large business to the bar under accusation, and to expose, correct and punish its alleged wrong doing and unfair dealing ; yet this very Government comes forward with unclean hands and refuses What is almost worse is —New York, N. Y., Financial Chronicle, November 28, 1914 the parcel post. We must remember, however, that the financial showing of the Department would not have been so good if under the existing contracts the railroads were adequately compensated for their transportation of the bulky merchandise admitted to —Syracuse, N. Y., Herald, December 15, 1914 It appears to us that the most important point to keep in view is the Department’s general efficiency, and it goes without say- ing that its general efficiency is very largely dependent upon the quality of service it may justly claim at the hands of the railway companies. How the Record Was Made Newburyport, Mass., News, December 16, 1914 The Postmaster General now declares that there is in his Department a surplus of more than three million and a half dol- lars. One is inclined to ask how this mar- velous record is made. And no sooner is the question asked, than the eye lights upon the receipts credited to the parcel post, and then again upon the amounts paid to the railroads for the carrying of this and other mail matter. Very possibly the explanation of our new riches is found in these two items. ~g There is more sympathy with railroads than there used to be. We all know that it has been necessary, actually necessary, for them to raise passenger and freight rates. Is the Government imposing upon them an undue burden which should be light- ened? - We would like to have the postal service self-sustaining. But we are equally anxious that the Government shall deal fairly with the roads. Where the “Square Deal?” Failed Springfield, Mass., Republican, December 14, 1914 The Postmaster General reports a sur- plus of about $3,600,000 for the last fiscal year in his Department, but people who understand the postal service’s real cost to the Government smile when sur- pluses are mentioned. There would still be a deficit but for |parcel post, which has brought with it an enormous business, for carrying which the railroads are underpaid. The Postmaster General does not deny they are underpaid. One thing not altogether creditable to the Department is its obvious failure to give the railroads a square deal. It seems too much like politicians seek- ing to crowd the railroad companies for the ultimate benefit of the politicians who hold the Offices and mismanage a vast en- terprise. >k >}: :k >k No Excuse for Underpay Williamsport, Pa., Gazette and Bulletin, December 14, 1914 With the showing of which the Post- master General now boasts in his annual report, Congress will now have no excuse to longer ignore the appeal of the railroads for fair play. The square deal is required in the trans- actions of citizens or corporations doing business with the Government, and for that reason the Government ought to deal squarely with the railroads in the matter of transporting parcel post matter. A Protest that is Fully Justified Brooklyn, N. Y., Standard-Union, December 14, 1914 There has been a great protest since this division of the postal service [the parcel post] was instituted because it imposed a 9 3 transportation, Cabinet officials. In shipping 200 tons of gold, worth $99,000,000, by parcel post from Philadelphia to New York “without cost for railroad the Government has effected One of those “economies of operation ” which are the congenial boasts of —New York, N. Y., World, January 5, 1915 new and wholly unexpected burden upon the roads by requiring them to carry a large increase in mail matter for no ad- ditional compensation. It is a wrong which should not be per- mitted to exist a day longer than neces- Sary. :}; :: >< :k Entitled to Fair Play Nashville, Tenn., American, December 26, 1914 The railroads are entitled to fair play. It is strongly to the public interest that they suffer no injury. The Government is able to pay just rates for transporting the mails and the railroads are entitled to fair compensation for the Service they perform in carrying them. :: :: :: :: Taking Unfair Advantage Des Moines, Iowa, Capital, December 29, 1914 The Government has been fully aware that when the mails were weighed the last time the parcel post had not been introduced, but the Government appears to be willing to make money off the rail- roads by taking advantage of an old con- tract. If this work were done by an individual it would be called “crookedness.” Yet the Post Office Department has the nerve to boast that the Department is On a paying basis : We do not believe any Government is justified in treating any corporation or corporations the way the Post Office De- partment has and is treating the rail- roads. :: ::: :k :: “A False Showing of Profit” Peekskill, N. Y., Evening News, Dec. 31, 1914 We do not believe that the American people stand for injustice or unjustice to anybody, and one thing they would like to see is the establishment of the parcel post system on a fair business basis. So far the PostOffice Department has been able to make a false showing of profit largely because the railroads are not paid for car- rying the extra weight of parcels involved in the parcel post. Attempts are being made in Congress to readjust railway mail pay, but they ap- pear to be dictated by a spirit of petty politics rather than fairness. The latest effort has been made through a rider on the Post Office Appropriation bill, which is not the place for legislation of that kind. Riders on appropriation bills Ought not to be allowed. :: :: >}: :}; An Imposition of Years Wilmington, Del., Every Evening, December - 39, 1914 There is reason to believe Congress will not longer countenance the surpris- ing imposition that has been carried on for years in respect of carriage of mails by the railroads. Our Government cannot afford to be dishonest, especially in respect of a busi- ness from which it derives profit. No rail- road should be compelled to carry the mails at a financial loss. - transportation ? Is a department of Government worthy of congratulation that derives a large part of its income by compelling the rail- roads to carry parcels at a rate below the actual cost of –Philadelphia, Pa., Evening Ledger, December 15, 1914 Press Briefs on the Postal Surplus and Railway Mail Pay If the parcel post had not forced un- paid service from the railroads, the bal- ance of which Mr. Burleson boasts would not be possible.—W arren, Pa., Mirror, JDecember 15, 191}. Is it fair to a third of the people in the nation who own the railroads to tax them in order that a good showing may be made by Postmaster General Burleson 2 —Philadelphia, Pa., Public Ledger, De- cember 19, 1911. It is just as wrong that the Government should rob the railroads as that the rail- roads should rob the Government.—Day- lon, Ohio, Evening News, December 23, 1911. It was by “skinning” the railroads that the Post Office Department made its extra fine showing for last year.—Waldosta, Ga., Times, December 17, 191}. There is no obligation, legal or moral, that the railroads should conduct this branch of their business at a tremendous annual loss.-Philadelphia, Pa., Record, December 22, 191}. The “self-supporting” Post Office De- partment can sponge and does sponge on the railroads.—New York, N. Y., Press, December 17, 191}. Mr. Burleson himself admits that the Government has not been paying the rail- roads a fair rate for carrying the mails.- Ballimore, Md., Sun, December 15, 191}. A surplus created by the income from the parcel post, for carrying which the railroads are paid less than adequate rates, is hardly a thing for this nation to be proud of.-Cumberland, Md., Daily News, December 17, 191}. It is immeasurably more important that the Government should itself set the ex- ample of doing the railroads equity than that a deficit in the administration of a Governmental department should be con- verted into a surplus.-Norfolk, Va., Virginian-Pilot, December 18, 191}. The people of this country are not en- titled to nor do they wish to get anything for nothing.—Waynesboro, Pa., Herald, December 17, 191}. If this surplus has been acquired at the expense of the railroads it has been dis- honestly acquired. — Johnstown, Pa., Democrat, December 16, 191}. Despite the illusory surplus about which Mr. Burleson boasts, and which really con- sists of money filched from the railroad companies, its activities are carried on at a loss.-Philadelphia, Pa., Inquirer, De- cember 15, 1914. It takes some nerve for a Postmaster General to report a profit in the admin- istration of his Department when he pays half rates for transportation. — Waler- town, N. Y., Standard, December 23, 1914. are just made public. The express companies were still operating at a loss, in competition with the parcel post, in August, for which reports The trouble is that they have to pay the railroads a reasonable sum for service. –Philadelphia, Pa., Evening Bulletin, December 29, 1914 *—t - • * * “When we enact such laws as the Full Crew Bill, because we are down on the railroads, we are positively unfair; but when we establish a Parcel Post, a good measure in itself, and make the railroads carry all the business that we can get, with- out adequate compensation, we’re stealing from the railroads, that’s what we are doing.” —Ex-President Taft, at Annual Dinner of Hartford, Conn., Business Men’s Association, February 4, 1915 Failure of the Plan to Make the Railroads Carry the Parcel Post Gratis (From the New York Evening Sun, March 8, 1915) Washington dispatches printed in the Sunday newspapers brought the good news that a strong effort will be made in the new Congress to replace Representative Moon of Tennessee as Chairman of the Committee on Post Offices and Post Roads by a member who has some elementary Mr. notions of honesty and fair play. Moon has shown himself throughout the Congress just expired totally unfit for the position. For two years he fought all orderly attempts to readjust the compensation of the railroads for carrying the mails. His latest endeavor was to attach a rider to the Post Office appropriation bill giving the Postmaster General arbitrary power to set the figure for the pay of railroads. Mr. Moon admits the plan was to make the companies do the parcel post work gratis. He has asserted that the railroads receive $10,000,000 too much annually, and appar- ently the idea was to cut their pay by that amount in the coming year. The outrageousness of the proposition The business sense will grasp the general injus- tice of the parcel post situation. Those who have watched the long struggle of the roads for a little financial relief through the Interstate Commerce Commission will appreciate the truculence of an attempt to rob them of a good fraction of the relief will be evident to all fair minds. through Governmental injustice. But the general anger and contempt for Mr. Moon's position seems to have reached its climax over the letter which he has that railroad influences defeated his rider, so written to Mr. Burleson alleging that he and his clique decided to burke the appropriation bill altogether. The general testimony is that no underhand influence of any sort was used to beat the rider. It went down on its demerits, and any repre- sentation made by the railroads was not only within their rights, but their duty to save themselves from looting. Issued March 23, 1915, by the COMMITTEE ON RAIL WAY MAIL PAY, 75 Church St., New York City, Ralph Peters, President of the Long Island Railroad Company, Chairman; W. F. Allen, Secretary. The Post Office Department would like to report that the Department is self-sustaining, but that is no reason why rail- roads should be required to carry mails at a loss. —Savannah, Ga., News, February 26, 1915 Still “Agin” the Railroads (New York, N. Y., Tribune, March 9, 1915) There is a fine flavor of ancient bigotry in Representative Moon's fulminations against the influences in Congress which frustrated his raid on the allowances made to the railroads for carrying the mails. He induced the House of Representatives to approve his project for reducing the pay of the railroads, although the latter have recently been saddled with the task of transporting, without additional compensation, a vastly volume of parcel post matter. increased The carriers are now underpaid about $8,000,000 for this service. Yet Mr. Moon feels.that they ought to face that loss cheer- fully, besides accepting a cut in the rates for other mail. Fortunately the Senate disagreed with him and killed the Post Office appropriation bill. He now threatens to renew his war on railway pay next winter. But with signs multiplying on every side of a disposition to treat the railroads fairly, even the most rooted of the starvation stand- patters may relent. At the next session Judge Moon may find him- self about the only old-fashioned railroad scalper left on the Congressional reservation. * }{ }{ % A Wrong Congress Should Right (Wilmington, Del., Every Evening, February 22, 1915) There is not a citizen in the country who would not, if called on by the Government to perform a certain amount of administrative work daily without pay, make a vigorous protest. Every day in the year the railroads of this country are required to perform a large service for the Government in the conveyance of parcel post matter, for which they receive not a cent of compensation. IT IS MOST SURPRISING THAT CON- GRESS SHOULD PERMIT SUCH INJUS- TICE TO PREVAIL, Where Mail Delays Trains (Ogden City, Utah, Standard, February 2, 1915) No one trouble of the railroads is more per- plexing than that of the parcel post. The mail trains are being delayed while postmasters super- vise the loading of this new mail matter, and cars are being added to those trains without extra compensation, and, as a result, the superintendents, train masters and every one connected with the transportation are developing a grouch and are beginning to complain about life's misfortunes. Over at Wells, Nev., the agent of the South- ern Pacific, without wishing any one bad luck, is hoping the warehouse burns down where eighty tons of grain are held for shipment, sack by sack, through the parcel post. A day last week a fast mail train was de- layed by the loading of two tons of wheat as parcel post, and early in the same week a carload of potatoes was mailed from Deeth to Halleck. The Southern Pacific and the rural mail car- riers have our sympathy. At present we prefer the newspaper business to either operating a mail train or driving on a star route. -Y& X + X: A Reasonable Request (Augusta, Ga., Chronicle, February 17, 1915) In all justice it would seem that the request of the transportation companies for a continuation of the weight basis of railway mail pay and more frequent weighings than once in four years is but reasonable, especially in view of the tremendous increase of the parcel post, stated by the Post- master General in his report in November, 1914, to amount to 800,000,000 packages per year. Numerous commercial bodies throughout the country have gone on record as opposed to the Moon amendment and asking for fair play for the railroads. The Chronicle is firmly of the opinion that it is the duty of Southern commercial bodies to adopt similar for, certainly, the South has seen enough of the evil effects of ‘‘ railroad baiting.'' resolutions, A Business Venture in the Dark (Wilmington, Del., News, March 4, 1915) A Joint Committee of Congress which has been investigating the parcel post declares that it is impossible to determine the cost of the service or the revenue derived from it. A strange reflection this is upon the Government's manner of doing business. Here is a very im- portant branch of the Federal service, yet the authorities are utterly at sea as to the actual expense of operating and the receipts. The report of the investigating committee of Congress is another and a strong argument against extending the functions of the Government to business. * * * * Railroads Asking No Favors (Rochester, N.Y., Post Express, February 17, 1915) The railroads ask no favors in the matter of They have filed no petition for They do ask, however, that they be paid for all the mail carried and for all their special services to the Government. mail pay rates. higher charges. This reasonable request should be granted in the interest of common honesty. The Government has been guilty of sharp practice in its dealings with the carriers. The sooner this reproach is removed the better. * * * * Where a Mistake Was Made (Syracuse, N. Y., Herald, February II, 1915) If anything were needed to show that the parcel post, in its present stage of evolution, is an expensive luxury, it can be found in the report that the Post Office deficit for the current fiscal year is estimated at $14,000,000. And this in spite of the fact that the railroads are shamefully underpaid for their share in the new Government system of merchandise transportation. As the Herald has repeatedly contended, the parcel post was a commendable and desirable public service when confined to small packages; but when its scope was extended so as to include bulky merchandise, it became, to that additional extent, a convenience for the few at the expense of the many. The truth is that the parcel post service has been overdone. It has been foolishly extended to an unreasonable extreme in disregard of the principle of the greatest good to the greatest number. The few derive all the benefit from this short-sighted amplification of the service, while the many are taxed, in one way or another to meet the resulting deficit. + 3 + 3% Is It a Fact? (Detroit, Mich., Free Press, February 18, 1915) A railroad publicity agency in New York is sending out a circular which presents a statement that should be either confirmed or denied by authoritative officials. It asserts that the Gov- ernment of the United States is paying $2.77 for each ton of mail carried one mile by the Panama Railroad, while it pays only ten cents for each ton of mail that the railroads of this country carry one mile. If this allegation is true, it has an important bearing on a subject of current discussion. The Panama Railroad is owned by the Government, and its claimed success has been freely used as an in favor of Government argument ownership generally. If, now, it is a fact that this Government- owned road is receiving twenty-eight times as much for the same service as privately owned railroads are receiving, the value of the Isthmian exhibit in the case is sadly discredited. If it is true that the Panama Railroad is getting $2.77 per ton-mile for its mail transpor- tation, while the other railroads are getting only ten cents per ton-mile for the same service, it would further appear that either the American Government is exceedingly generous to itself or is exceedingly unfair to its citizens. (NOTE–The statements of fact referred to above by the Detroit Free Press are baſed wholly on public records.—Committee on Railway Mail Pay.) Nothing is to be gained by robbing the railroads. them means robbing the citizens who have invested in their stocks and bonds. The railroads ask for nothing more than fair treatment, and they should have nothing less. Robbing —Brooklyn, N. Y., Eagle, February 26, 1915 “The Post Office Bungle” (Washington, D. C., Herald, March 13, 1915) We are so bold as to say that while men's views may differ as to the wisdom or unwisdom of the dealings of President Wilson's administration with many matters, there is one as to which the popular voice will speak without any discord whatever. This is the indignation and condem- nation that has been and will be visited upon the wretched botch that has been made of the handling of the Post Office Department. Congress was forced to close its doors last week facing the certainty that the financial affairs of the national Post Office will stand at a large deficit for the present fiscal year. With efforts to make good this deficit unavailing, Congress was forced to leave the matter for the time being with a temporary reappropriation of the money's voted last year for Post Office expense. w No amount of juggling and special pleading, no shifting of figures or sicken- ing attempts at popular wheedling, can disguise from the people the shameful fact that the deficiency in the Post Office reve- nues was due to the Government's efforts to put through a costly and needless scheme of carrying heavy parcels by mail supple- mented by an attempt to make the rail- roads of the country shoulder the greater portion of the expense of this undertaking: It will be idle to address a proclamation to the people that in all this the Govern- ment has been only seeking to cut down the swollen profits, so called, of the express companies. If the express companies were making too much money, the proper remedy was a reduction of their charges by the Interstate Commerce Commission, which did not involve any necessity for the entrance by the Government upon the parcel post venture. The inauguration of the parcel post was for the mere purpose of performing for the people a service that they themselves in their individual capacity should have been willing to pay for. It was a heavily losing venture from a business point of view, and the attempt to throw the expense of the job upon the rail- road companies has represented one of the most outrageous schemes of confiscation ever undertaken in a civilized land. The people see through all this game from top to bottom. The miserable effort to curry their favor by doing something for them which they know perfectly well they ought to do for themselves and ought not to ask either the Government or any private corporation to do, has ended as all such demagogic efforts have ended in the past, in humiliation for the originators and abettors of it. which we shall have much to say before It is a matter concerning Congress meets again. the parcel post. As the Government requires railroads to obey a number of regulations for the public safety, and also fixes freight and pas- senger rates of those railroads engaged in interstate commerce, the Government should be fair to the railroads. be a weighing of railway mail matter oftener than once a year, and it is unfair to require the railroads to carry the burden of —Providence, R. I., News, March 2, 1915 There should FE8 is isis " … * A. *. /*~~ ,-2-tra e2e. / 2-6-2-2-2 are - 4% Sº Why the Postal Appropriation Bill Failed—An Attempt at Railroad Confiscation New York, March 17, 1915 To the Rai/roads Carrying the United States Mai/ and the Parce/ Posz. The Senate of the United States acted most wisely and justly in declining to pass the Post Office Appropri- ation Bill carrying Representative Moon's railway mail pay “rider,” which provided a new system of rates on the so-called “space basis” of payment. The stand of the Senate against this measure was simply a stand againstan almost undisguised effort at confiscation, such as was never before attempted in the Congress of the United States. + + + º- The enactment of the Moon “rider” would have clothed the Postmaster General with auto- cratic and unbridled power to reduce railway mail pay at will; to fix rates even lower than those which were called “absolutely confiscatory '' by a Joint Com- mittee of Congress; and finally, to compel the carriage of the mails and the parcel post, at such rates, by means of a new law that would fine any railroad company $5000 per day for a refusal to perform Service on the terms and condi- tions named by the Postmaster General. In his official capacity as Chair- man of the House of Represent- atives Post Office Committee, Congressman Moon publicly said that the Post Office Department proposed to utilize this power by compelling the railroads to carry the parcel post for practically nothing, thus reducing their com- pensation $8,000,000 to $10,000,- 000 per year, and so averting an impending Post Office deficit. The injustice of such a plan to saddle the postal deficit upon the railroads is emphasized by the fact that the Joint Committee of Congress, especially appointed to Issued by the COMMITTEE ON RAILWAY MAIL PAY, 75 Church Street, New York City, Ralph Peters, President of the Long Island Railroad Company, Chairman ; W. F. Allen, Secretary. investigate the question of rail- way mail pay, reported only last Summer, after two years of study, that in all fairness the compen- sation of the railroads should be increased and not diminished. * * * * That the Post Office bill—the most important of all the appro- priation measures, carrying $325,- 000,000—failed of passage, thus necessitating emergency legisla- tion in the last moments of the session, is due solely to the re- fusal of Representative Moon and his associates to permit the with- drawal of the “rider” after it had become perfectly clear that the Senate would not be a party to confiscation. In consequence of Chairman Moon's unyielding attitude, a situation has been created which has not been paralleled in a gen- eration and which may unfortu- nately hamper the operations of the Post Office Department in the coming fiscal year. Two Unwarranted Statements Answered Since the failure of the postal appropriation bill and the adjourn– ment of Congress, Chairman Moon has made two public as- sertions that should not go unanswered. 1. Chairman Moon is quoted in a newspaper interview as Say- ing that it cost the Government $600,000 to obtain the information upon which his “rider” was based. The facts are, as the Second Assistant Postmaster General, Mr. Joseph Stewart, testified under oath in the hearings before the Joint Congressional Committee on Railway Mail Pay, that the Post Office Department spent $19,423.20, out of an appropriation of $20,000, in obtaining the infor- mation referred to by Mr. Moon. In addition, the Congressional Committee, itself, spent $6560.50 out of an appropriation of $25,000. Thus the total cost to the Government of this entire in- quiry, of which the Moon “rider ’’ was only one of several results, was $25,983.70, instead of $600,000, as Mr. Moon declared. * }{ }{ }{- The labor of compiling the information, as a matter of fact, fell almost entirely upon the rail- roads. The statistical and clerical work necessary to furnish the fig- ures which the Post Office Depart- ment called for was enormous. The expense to the railroads approximated a quarter of a mil- lion dollars, or about ten times what the inquiry cost the Govern- Ine Int. Mail and Express Earnings Compared 2. In his letter to Postmaster General Burleson, regarding the failure of the Post Office Appro- priation bill, Chairman Moon said: “The railroads are charging the Government twice as much as they charge the express com- panies.” - This extravagant and many- times refuted assertion was made in the face of the Joint Congres- sional Committee's authoritative finding on the subject. The Committee, in its report to Congress, found that “the express service undoubtedly costs the rail- roads less than the mail per car mile,” and that the complete evi- dence showed the mail earnings of the railroads to be “decidedly lower than from express on a car mile basis, which is the best basis } for comparison we have.’ The Committee said: “We are compelled to reject the Post Office Department’s attempt to show higher relative earnings from mail as reckless and misleading.” Later, the report added: “Certainly there is no warrant in the oft-repeated assertion that the Government is being robbed in its mail payments by comparison with what the express companies pay. There has been an amazing amount of reckless assertion on this subject.” + X. X. X: It seems but just to say that the Joint Congressional Com- mittee on Railway Mail Pay, throughout its entire inquiry, gave the railroads, as well as the Post Office Department, full and fair opportunity to be heard, and that the Senate Post Office Com- mittee accorded the railroads an Hearing Denied by Moon Committee The judicial attitude of these two committees stands out in sharp contrast to that of the House Post Office Committee, which, under the chairmanship of Representative Moon, refused to hear the railroads at all. Chairman Moon's committee even tried to rush its measure through Congress before the Joint Congressional Committee had time to report. % X # * In the hearings before the Senate Post Office Committee ample proof was given that pas- sage of the Moon bill would force all of the railroads to carry the mails at a heavy loss, and that in the case of some of the smaller roads it would mean financial ruin. The public has given every indication that such an outcome would be received with anything but enthusiasm. Press and Public Support Railroads' The press of the country has with practical unanimity advo- cated fair play for the railroads in the matter of compensation for carrying the mails, especially since the parcel post has so greatly increased their burdens. The American people, it is quite evident, like to pay their just debts, and resent being shown equally impartial hearing. how to repudiate them. This sentiment has been reflected with remarkable clearness in the atti- ...tude Qf the newspapers toward the railway mail pay controversy. Many Boards of Trade, Cham- bers of Commerce and other or- ganizations of business men throughout the country have, after most careful study of the subject, condemned the Moon bill, or “rider,’’ as unjust, arbitrary and confiscatory, and have urged Congress not only to reject that * * * measure, but to take affirmative action toward remedying the long- standing underpayment of the railroads for carrying the mails and the parcel post. -X: º X. X- Despite the outcome of his re- cent efforts, resulting in the failure of the postal appropriation bill, Chairman Moon has announced that he intends to introduce his railway mail pay measure again, in the next Congress. %. We stand by our original recommendations, namely: 1. That the present law be retained, but rein- forced by requiring an annual and simultaneous weigh- ing of the mail on all railroads for a period of not less than 35 days, with readjustment of the pay accordingly. 2. That the apartment post office cars be paid for on a pro rata basis of the payments for the full post office cars. 3. That the Post Office Department be required to carry the mails between railroad stations and post offices—a service which is no part of the duty of rail- road transportation. * * -X + The Committee on Railway Mail Pay, therefore, asks all railroad officers to co-operate with it in bringing these views before the members of the next Congress, and others interested in fair dealing, to the end that a proper and permanent settlement of the question of railway mail pay may be obtained. The Committee will continue its efforts to this end until the matter has been fairly adjusted. COMMITTEE ON RAILWAY MAIL PAY By R ALPH PETERS, Chairman F£4.2 1910 6478 tº a s :- , - |& Five Opinions on Railway Mail Pay for the Public to Consider and Compare 1. The Wolcott-Loud Congressional Commission in 1901 said: “We are of the opinion that the prices now paid to the railroad companies for the transportation of the mails are not excessive, and recommend that no reduction thereof be made.” 2. Dr. M. O. Lorenz, Associate Statistician of the Interstate Commerce Commission, calculated in 1913 that the railroads were underpaid certainly more than $5,000,— 000 per year for carrying the mails. 3. Mr. Louis D. Brandeis, Counsel to the Interstate Commerce Commission in the Advance Freight Rate Case, said in May, 1914: “It seems clear that the railway mail service is at present unremunerative to the carriers.” 4. The Bourne Joint Bi-Partisan Commission of Congress, in August, 1914, held the railroads entitled to an increase of at least $3,000,000 per year for mail transporta- tion, with relief from burdensome incidental services they are now required to perform without pay. 5. But Postmaster Genera/ Bur/eson, in his public statement of March 22, 1915, asks the American people to accept his assertion that not on/y are the railroads paid too much for carrying the mai/s, but that they actua//y “/oot the posta/ revenues.” X: * * * The railroads are content to let the people judge between the carefully weighed conclusions of two Commissions of Congress and two officers of the Interstate Commerce Commission, On the One side, and the dictum of Mr. Burleson, made under the sting of legislative defeat, on the other. Issued April 4, 1915, by the COMMITTEE ON RAILWAY MAIL PAY, 75 Church St., New York City. Ralph Peters, President ºf the Long Island Railroad Company, Chairman ; W. F. Allen, Secretary. l § FEB 2 1918 W tº $ tº United States Senator Weeks Refutes the Postmaster General's Charges In the morning newspapers of March 22, 1915, Postmaster General Burleson charged that the railroads, through lobbying and public mis- representations of fact, were responsible for the failure of the Senate to reach a vote on the annual Post Office appropriation bill, carrying as a rider the railway mail pay legislation commonly known as the Moon bill. He asserted that the protests of the railroads against the Moon bill, on the score of its unfairness, were not made in good faith, but in an effort to perpetuate a system of pay whereby they now “loot the postal revenues.” United States Senator John W. Weeks, of Massachusetts, a member of the Senate Post Office Committee, in an interview given to the Boston Evening Transcript of March 22, 1915, made the following reply to Mr. Burleson’s accusations, telling in detail why the Post Office appropriation bill failed of passage : “I have read in this morning's paper the statement which has just been issued by the Post Office Department relating to the compensation which should be paid to rail- roads for transporting the mail. I am astonished that the Department is willing to be responsible for instituting such a propaganda. “This whole question of railway mail pay has recently been very carefully con- sidered by a Commission authorized by Congress, consisting of three Senators and three -Representatives, three of whom were Democrats and three Republicans. ha. “This Commission made a unanimous report providing for payment to railroads for transporting the mail on a space basis rather than the weight basis, the method of deter- mining payment which has obtained in the past. The Department accepted the report as far as the method to be followed is concerned; but, without, in my judgment, suitable reasons, it has changed the rates which should be paid for this service. “The figures and comparisons which are made in the statement I have read this morning are so unreliable that the railroads or any other class of citizens would be justified in combining to try to inform the public of their position. Indeed, it would appear necessary for citizens to do this in order to protect themselves from their own Government. “I shall not debate the subject now, because space forbids, and, further, I presume that the whole matter will come up next winter, as the Department's statement intimates. It will then be carefully considered and I hope properly adjusted. But I do want to make an accurate statement of the reasons for the failure of passage of the Post Office appropriation bill. Issued for the information of the Public, March 25, 1915, by the COMMITTEE ON RAILWAY MAIL PAY, 75 Church Street, New York City ; Ralph Peters, President of the Long 1sland Railroad, Chairman ; W. F. Allen, Secretary. “There would have been no question about its passage, and any inconvenience which may be caused by the necessity of reappropriating the amounts appropriated last year could have been obviated had not the Department insisted, in the hurried closing days of the session, upon including in the appropriation bill the Department's own conclusions on the important subject of the railway mail pay. “It is obvious to almost everyone that no such important change as is contemplated in this proposal should be made without Congress being fully informed on the subject. It should be so thoroughly and fairly debated that those who have not had the oppor- tunity to become familiar with it may be able to act wisely and judiciously. “The subject was not suitably debated in the House and there was absolutely no time for debate in the Senate. “The Department's proposition, in addition to the question of the method to be pursued and the rates to be paid, contained a provision which contributed one of the principal reasons for the failure of the Post Office bill: This provided that Congress should make rates for carrying the mails and that the rates ‘should not exceed those authorized by Congress, but that they might be modified to any degree by the Depart- ment itself. “I maintain that a principle of so great importance is involved in that proposition, that no thoughtful, foresighted man can favor it. In a word, the proposed plan would be similar to the fixing of rates by the Interstate Commerce Commission not to exceed the amount fixed, but allowing the shipper to modify those rates at his own option. “The Government should show an example of fairness and equity to its citizens and should not attempt to force upon them a proposition which contains neither of those Qualities. “I notice the suggestion is made that the Post Office bill failed because of the activities of a lobby' maintained by the railroads. This is a repetition of the old hack. neyed cry which may have been effective in prejudicing opinion at one time, but which seldom should be given credence and certainly has no merit in this case. “While the contention of the railroads may or may not be fair and reasonable, it had nothing whatever to do with the failure of the bill. That failure was the result of the insistence of members of the Senate that this important question should be settled only after proper deliberation and on its merits rather than through pressure exerted at a time when the great supply bills for the maintenance of the Government were being hastily passed without suitable consideration. This consideration in itself would supply reason enough for the elimination of general legislation of the first importance.” The Railroads' Reply to Mr. Burleson's Charges of Looting and Misrepresentation Mr. Ralph Peters, President of the Long Island Railroad and Chairman of the Committee on Railway Mail Pay, representing the railroads of the country, on March 22, 1915, made the following public answer to the Postmaster General’s charges against the railroads carrying the United States mail and the parcel post: “In a statement published in the papers this morning, Postmaster General Burleson says that under the system whereby the railroads are now paid for carrying the mails, ‘the postal authorities are compelled to stand helplessly by while the railroads loot the postal revenues.’ “This is a very serious charge. It means, if it means anything, that a member of the Cabinet of the President of the United States charges the managements of the chief industry in this country with being in a conspiracy to rob the Government of the United States. “Congress appointed a bi-partisan Commission to investigate the whole subject. That commission, of which Ex-Senator Jonathan Bourne, Jr., was Chairman, recently recom- mended, as the result of its inquiry, the passage of a bill which would have increased the pay of the railroads. Was Senator Bourne's Committee duped by the roads, or did his Committee become a party to the conspiracy to steal? . . . “It may be possible for a demagogic politician to make a charge like this in the heat of a political campaign, but to inject into a statement issued under the aegis of the Government of the United States such language as that by which the Postmaster General now seeks to express his spleen against the railroads is unworthy of the great office of which he is the incumbent. “The fact is that Mr. Burleson, through lack of understanding of the postal service and through reliance upon advisers who were accused by the joint bi-partisan Commis- sion of Congress of ignorance of their duties and greed for arbitrary power, is himself permitting the Government of the United States to rob the railroads of at least half what is due them for carrying the parcel post. “The railroads defy the Postmaster General to point to a single act of their Railway Mail Pay Committee, in its efforts to present the facts in this case to the people, which has not been absolutely legitimate. “The American people when informed are fair. We believe they will repudiate demagogy in every form. All the railroads ask is fair play. The Postmaster General is evidently determined they shall not have it. The railroads therefore appeal to the people and they intend to present their case as aggressively as they know how, in every Con- gressional District in the United States, believing that when the next Congress meets the people will voice their determination that the railroads shall receive the justice which is due them.” #d 2 loit Wh e s --- The railroads accuse the Post. Office Department of at- tempting to rob them, while Postmaster General Burleson says the roads want to loot the postal funds. Senator Weeks exon- erates the railroads, but no one rises to explain the justice of post shipments without pay. the Department's demand that the railroads transport the parcel – Washington, D. C., Herald, March 23, 1915 How the Newspapers Received Mr. Burleson's Attack On the Railroads “Mr. Burleson, First of All, Should Take Jonathan Bourne in Hand” (From the New York, N. Y., Times, March 23, 1915) The Postmaster General has but to con- vince the people that he speaks by the book when he says that the railroads are overpaid. They will all back him up and they will welcome a complete exposure of the shock- ing and inordinate greed of the railroad corporations. We hope he will show them no mercy. - Let him begin at the beginning by con- vincing Jonathan Bourne, Jr., who was Chairman of the "Joint Committee on Post- age on Second Class Mail Matter and Compensation for Transportation of Mail,” which presented its report on August 31st last. + * * * In passing we may remark that Mr. Bourne is incredulous about the comparison of express and mail service. The Bourne report points out that there are so many differences between the conditions of mail and express transportation, the express ser- vice being in many ways less burdensome * { { g and expensive, ’’ that a comparison of rates without comparison of service rendered is lacking in sincerity.” We wish Mr. Bourne had not said that. The Postmaster General, of course, is sin- cere in everything—even when he says that the parcel post service “is being performed at a slight margin of profit to the Govern- ment,” although in the report of the Joint Committee of Congress to investigate the parcel post, the committee of which Sena- tor Bristow, of Kansas, was Chairman, it is declared to be “impossible to determine the cost of the parcel post service or the revenue that is derived from it. Any esti- mate is mere guess.” That report was presented on December 1, 1914. But it is important that Senator Bourne, who, as Chairman, we suppose prepared the report of his committee, should be brought over promptly to the belief that the railroads are overpaid for carrying the Iſsued March 30, 1915, by the COMMITTEE ON RAILWAY MAIL PAY, 75 Church St., New York City. Ralph Peters, President ãf the Long Island Railroad Company, Chairman; W.F. Allen, Secretary, tºº mails. In presenting its conclusions Sena- tor Bourne's committee said in its report: That there should be an increase in rail- way mail pay need not be surprising; in fact, it must be expected. * No reasonable man can expect that the Government can increase its postal revenues at an average rate of $13,000,000 per year without increasing its expenses in practically all departments of the service, though per- haps at a smaller ratio. In this connection it is pertinent to remark that, although the postal revenues doubled in that ten-year period, the railway mail compen- sation increased only 20 per cent. In an address delivered in this city on December 4, 1914, Mr. Bourne said : “Are not the railroads entitled to some credit for safe and expeditious transporta- tion all over the country, especially when public opinion compels them to carry the mail, and at rates which I am satisfied, after two years' special study of the sub- ject, are too low : '' Senator Bourne made this statement three months after the date of his report made to Congress. In that report the substitution of payment by Space for pay- ment by weight was advocated, a change which the railroads opposed. The Bourne rcport, opposing the contention of the De- partment that mail rates should be less than the rates for commercial business, declared that “we believe that railroads are entitled to be paid for mail transporta- tion on a commercial basis.” The railroads will probably have some comments to make upon Mr. Burleson's statements. He says they are looting the postal revenues, he says they are overpaid for carrying the mails. sisted that the Post Office Department was looting them and that they are underpaid for carrying the mails. An impartial world will judge between these disputants. Mr. Burleson's statement is both an at- tack and a challenge. It is very direct, and it is publicly made. Let the facts be made known. But they have in- But we believe that Mr Burleson first of all should take Jonathan Bourne in hand. * * * * Why the Postal Appropriation Bill Failed Boston Mass., Evening Transcript, March 22, 1915 Postmaster Burleson's charge that cer- tain railroads brought about the defeat of the Post Office appropriation bill in the last Congress, because of hostility to a provision it contained changing the railway mail pay from a weight to a space basis, unfortu- nately for the soundness of his theory, is not substantiated by the press reports widely published at the time. According to these accounts, the bill failed of passage because Congressman John A. Moon, of Tennessee, a man of recog- nized integrity in the House of Represent- atives, and Chairman of the Post Office Committee, lost or mislaid the sole per- fected copy of the great supply bill over the construction of which he had presided. By the time he had recovered it the hour of adjournment was so close at hand that, recognizing the impossibility of acting upon the bill, the House leaders hastily adopted a resolution continuing the appro- priations of the previous year. The undignified scramble which char- acterized the closing hours of the last session of the Sixty-third Congress, the frenzied haste in which half-baked legislation pro- viding for the expenditure of millions of the people's money was crowded through with insufficient or no discussion, adequately ex- plains why the postal bill was caught in the crush and strangled. We shall be surprised if Chairman Moon does not have something very much to the point to say in reply to Mr. Burleson's be- lated allegation, which, if permitted to go unchallenged, might be taken as a reflec- tion upon himself and his fellow committee members. What Mr. Burleson Does Not Want Brooklyn, N. Y., Eagle, March 22, 1915 In a statement made public this morn- ing the Postmaster General asserts that the carrying corporations have been adequately paid for carrying the mails, and arraigns them for misleading the country and grossly misrepresenting his Department. He adds that they are trying to impose upon the Government the expense of certain special services now performed by them. The companies complain that they are compelled to accept rates in fixing which they have no voice. They protest that the power to determine the frequency and measurement of mail service should be statutory, or at least subject to appeal, and that they are at the mercy of an official whose word is law. - It is certain that had the Moon bill be- come a law, it would have been within the power of the Postmaster General to have subjected the companies to an added ex- pense of a total estimated at $10,000,000. It is also certain that this power, had it been conferred, would have been exer- cised. That the carriers are so situated as to be equal to the task of bearing any such extra burden cannot be shown even by the most dexterous jugglers of arithmetic. Last year their gross earnings diminished by more than $208,000,000, while their net profits fell off to the extent of about $76,000,000. Mr. Burleson should explain what he means when he says he has every reason to believe that a majority of the Senate favored granting to him the authority alluded to. He is right in declaring that the “oppor- tunity to dispose of this vitally important subject was foreclosed not only at the cost of the defeat of this legislation, but of the entire Post Office appropriation bill,” but he knows it miscarried because a ma- jority of the Senators objected to the “rider” enabling him to reduce his deficit by $10,- 000,000 at the ex p ense of the carriers. Whatever legislation is enacted should in dicate, both by its terms and by the circum- stances of its adoption, an unmistakable pur- pose on the part of Congress to deal fairly and justly with the railroads. This is or appears to be precisely what Mr. Burleson does not want and will not have if he can help it. The questions in- volved are those of fact. Either the rail- roads are paid enough, less than enough or more than enough for carrying the mails. They say their compensation is inadequate, and the Postmaster General declares it to be “liberal and equitable.” When contro- versies such as these arise, it is customary to submit the facts to disinterested experts and to look to them for judgment. ONLY THOSE WHO FEAR THE OUTCOM E ARE LIKELY TO OB- JECT. ..}{ }{ }{ X: “Mr. Burleson's Surprising Statement'' Philadelphia, Pa., Inquirer, March 24, 1915 A great many people will be surprised to learn from Postmaster General Burle- son that instead of being underpaid for carrying the mails the railroad companies are getting about twice as much as would be a fair compensation. This interesting fact, if it be a fact, is set forth in a statement upon the subject which has just been issued by the Post Office Department, from which it appears that the railroads, which have complained so bitterly of the shabby way in which the Government has treated them, and which have actually begun suit to recover the substantial sum of $36,000,000 from the United States Treasury upon the ground that they have been underpaid for their services to that extent, have actually been engaged in looting—that is the word used —the postal revenues. Assuming such to be the case, one won- ders why the postal authorities should have so patiently and, until now, unpro- testingly submitted to such an extortion. They ask that : They have a remedy at hand. They could at any time have invoked the assistance of the Interstate Commerce Commission, and it is a safe guess that they would have succeeded in securing a speedy relief. There is, however, room for some skep- ticism as to the absolute accuracy of the charge which Postmaster Burleson has entered, and it may be doubted whether he would be willing to have the truth of it put to the test. One of the first things which Mr. Burle- son did after assuming his present office was to place the Government in competi- tion with the express companies by greatly enlarging the scope of the parcel post. By reducing the rates and raising the weight limit he succeeded so well in pop- ularizing that service as enormously to in- crease its volume, and it has always been understood and has never been denied that no addition was made on account of this increase in the pay for carrying the mails which the railroads had previously been receiving. Their remuneration has been fixed by means of quadrennial weighings, and as they have received no more under Mr. Burleson's administration than before, there is reason and justice in their plea that the excess parcels transported by them on be- half of the Government have practically been carried free. That is what they have all along con- tended, and important evidence in support of their position can be found in the report presented last August 31st by Mr. Jonathan Bourne, author of the original parcel post bill, as chairman of the "Joint Committee on Second Class Mail Matter and Com- pensation for Transportation of Mail.” Proceeding upon the assumption that the American people did not desire the mails to be carried by the railroads or any one else for less than a reasonable compensa- tion, this report pointed out that while in the ten-year period from 1903 to 1913 the postal revenues had doubled, the pay of the railroads had only advanced 20 per cent., and it recommended a revised plan of compensation which its signatories firmly believed would creased postal expenditures of more than $3,000,000 over the actual appropriations carried in the last Post Office appropria- { { º • not result in in- tion bill for railway pay.” Evidently the Bourne committee was blissfully ignorant of the 50 per cent, extor- tion which Mr. Burleson has just discovered. •){ }{ }{ % Why Mr. Burleson Is Displeased New York, N. Y., Evening Sun, March 23, 1915 Postmaster General Burleson approaches the question of the railroads' pay for carry- ing the mails from the wrong angle and in the wrong way. The issue is not political except in so far as he and Representative Moon try to drag it into politics. It is not a subject for angle. The claims of Postmaster General Burleson today in re- gard to railway mail pay may be disputed from almost every Since the Supreme Court decided in the Norfolk and Western passenger rate case and in the North Dakota coal case that unprofitable business need not be hauled by the railroads, it has been the opinion of railroad lawyers that the court might sustain the carriers in a case emphasizing the lack of compen- sation for the railway mail service. —New York, N. Y., Evening Mail, March 22, 1915 denunciatory rhetoric. It is a pure matter of business. The railroads perform a certain service for the Government; they carry the mails. Even Mr. Burleson and Mr. Moon admit in theory that they must be paid for this work. If you could ever corner men of their peculiarities of mind they would admit that the pay must be remunerative. Perhaps they might be induced to concede that the pay was the railroads' affair as much as the Government's, and that the companies should have some voice in the bargain when it is fixed. Now, what Mr. Burleson and Mr. Moon want in the first place is to exclude the railroads from all share in the deal. The rider which caused the defeat of the Post Office appropriation bill in the last of the last Congress effectually gave to Mr. Burleson despotic power to fix the pay for carrying the mails. hours session of Mr. Burleson wails frantically because this outrageous power was not granted to hini. But, further, behind the grab at despotic power by Mr. Burleson there was a resolve to cut the present pay of the railroads. He did not approach the question with an open mind ; his was no spirit of inquiry. In his latest tirade, epitomized in the Sun of yesterday, he bitterly insists that the pay should be reduced. Estimates have been made of the result to the railroads of the system of pay which he proposes; it appears that the loss would be from $10,- 000,000 to $11,000,000 a year. But, already, the railroads insist that they are underpaid by about $15,000,000 for the service rendered. This sum, at least, they say is necessary to make the service profitable. In his final argument on the 5 per cent. freight rate increase, Mr. Louis Brandeis pronounced the carriage of the mails at the existing rate a losing game. The burden imposed by the parcel post has, in fact, made the situation intolerable. So here we have a business issue joined. What the railroads ask is fair treatment —that the Government should do business in the same spirit of honesty as a private citizen. They ask annual weighing of the mails and readjustment of their compensation. They ask a method of pay which will not permit the Government to secure by mere trickery extra accommodation with- O ult eXt T2 CO St. They ask to be freed from the arbitrary dictates of postal officials. * Against these demands Mr. Burleson bitterly inveighs. His climatic grievance is that the railroads have taken their case to the people and made their grievances gen- erally known. Mr. Burleson advance any arguments. He simply scolds. does not condescend to He shows deep pain over a prospective postal deficit. Apparently he thinks it is the duty of the railroads to shoulder the loss and enable his administration to make a fine showing. Perhaps if he gave some attention to the abuses in the postal activities in this city and vicinity, which are being pretty well shown up nowadays by the Merchants' Association, he might find another way of reducing the deficit than by putting the Government in the very unhandsome posi- tion of trying to extort service that it is unwilling to pay for. -X \{ }{ }{ Answering Facts with Rhetoric New York, N. Y., Evening Globe, March 22, 1975 Postmaster General Burleson, taking ad- vantage of the Monday morning “leave to print ’’ that is possible because of the pau- city of Sunday news, develops an attack on the railroads because Congress at the re- cent session failed to pass a bill which gave the Postmaster General discretionary power to reduce the pay of railways for carrying mail. Mr. Burleson denounces as false the as- sertion that the railways are not being ade- quately paid for transporting the mail, and p says that the railways have misled the public by a misstatement of the facts. But, unfortunately, Mr. Burleson, com- plaining of figures which apparently show that the railroads, in a period of advancing railway wages and of higher costs for rail- way supplies, have not received an increase of compensation proportionate to the in- crease in the weight since the institution of the parcel post, does not give any figures himself. He merely indulges in general State IIT entS. - When specific allegations are met with indefinite rhetorical denials it is common to assume that there is more likely to be error in the denials than in the allegations. Mr. Burleson, instead of wasting space by verbal discharges, might well have employed the space to give the public the correct figures. The weighing on which mail compensa- tion is now based occurs Only once in four years. It would seem obvious that such a system, with the volume of mail greatly in- creasing, is not fair to the carrier. The carrier finds himself for one, two, or three years paid on a basis below the quantity of his actual service. It is not easy to see why the Department objects to Yet Mr. Burleson implies that it is wicked for the railroads the annual weighings. to ask for such annual weighings. Equally non-convincing is the attempt of Mr. Burleson to make it appear that an effort to get the Government to increase railway mail pay is born of a desire to throttle the parcel post. tion obviously approaches close to childish- Such argumenta- n & S.S. That the railroads should object to lodg- ing discretionary power in the hands of Mr. Burleson is understandable and legiti- mate in view of his lack of fairness and his apparent willingness to be indifferent to the size of railway deficits provided he can avoid a postal deficit. Objection to Annual Weighing a Mystery New York, N. Y., Evening Post, March 22, 1915 Those ravening railways, with their monstrous desire for more pay in carrying the mails and for an annual determination of mail weights, are scarcely vanquished by the logic of Postmaster General Burleson's last outburst. He returns to his old contention that, measured by express rates, the roads are really overpaid. The express rate on 100 pounds from Boston to Chicago is $2.50, of which the railroad gets for transportation just one-half, or $1.25. The average rail- way mail pay for 100 pounds between these cities is $2.81, or twice as much. Could proof of Government liberality be more triumphant But even the ordinary observer is struck by the fact that 100 pounds of express matter will cost a good deal over $2.50 if mailed in twenty separate packages, and that 100 pounds of mail represents hundreds of units, occupying a space vastly larger than one bulky parcel. The Postmaster General, again, points out that the Government pays the railways $1.20 on a 20-pound package sent by parcel post from New York to Chicago, while the express companies pay the roads $0.64 on such a package. But the express companies have just been granted a hearing by the Interstate Commerce Commission with a view to increased rates, they having shown that in 1914 their operations resulted in a deficit of $2,000,000. It is apparently a necessity that they receive more from their patrons and pay the railways more. WHY MR. BURLESON SHOULD OBJECT TO THE OBVIOUSLY FAIR PROPOSAL TO SUBSTITUTE ANNUAL FOR QUAD RENNIAL WEIGHINGS IS A MYSTERY. The country, as he admits, was pretty well convinced by the railway “propa- ganda" that the bills just defeated in Con- gress did not give enough to the roads; it has not yet had reason to change its mind. “A Unique Discovery '' Philadelphia, Pa., Ledger, March 23, 1915 Postmaster General Burleson has made He finds that the Government made a small profit on the 800,000,000 parcels handled in the mails last year, but that a reduction of rates is a unique discovery. prevented by the cold-blooded attitude of the railroads, which refuse to haul the parcel post for nothing. If only the roads would carry these 800,- 000,000 packages for the mere fun of filling up their cars and wearing out their tracks and burning up coal in their locomotives and without expecting any pay, why everybody could soon ship everything from a thimble to a load of hay by mail. - That seems to be the halcyon day Mr. Burleson dreams about. However, the Postmaster General asserts that the rail- roads were paid $4,300,000 extra for car- rying the parcel post, which was $1,600,- 000 more than the service cost them. Evidently the postal arithmeticians are swifter workers in thus being able to de- termine the exact cost of an intricate rail- road service than are the ordinary mail handlers in Philadelphia, where speed is an ingredient which too infrequently appears in their own service. But if Mr. railroads make more than a 50 per cent. Burleson knows that the profit by carrying the parcel post, why does he not invoke the Interstate Commerce Commission or the Supreme Court There is no such profit made on any other traffic, so that Uncle Sam has a clear case of dis- crimination upon which to base his case. The Postmaster General should be glad of “This Proves Nothing and Con- vinces Nobody” New York, N. Y., Journal of Commerce, March 23, 1915 - The statement on the subject issued by Postmaster General Burleson in accusing the Railway Pay Committee of defeating the Post Office appropriation bill is wholly one-sided and unnecessarily violent in its language. It is full of sweeping allegations, with no supporting facts. Surely, the railroads were entitled to present their case and seek to defend what they considered their rights without being denounced as Washington, keeping "emissaries” at maintaining an expensive “press bureau” and flooding the country with a propaganda in which the Depart- ment is “grossly misrepresented.” This proves nothing and convinces nobody." Let us have the facts fairly presented on each side and not a volume of vituper- ation. Then the public may be able to judge of the merits of the controversy. Mr. Burleson denies that the railway pay is inadequate and declares that the rates proposed and the compensation by space instead of weight would be more equitable and insure a better compensation. He speaks of the proposal as a result of a “patient and thorough investigation,” which shows it to be "just and reasonable to the railroads and the Post Office De- - * { { partment,” and as an "effort to end a sys- tem under which the postal authorities are compelled to stand helplessly by while the railroads loot the postal revenues.” The comparison of the long distance ser- vice with that of the express companies, which receive a lower rate, proves nothing as to the general question. Neither does the dispute about the cause of the postal deficit or characterizing its attribution to the parcel post as an “absurd falsehood" clearly “fabricated with the foolish purpose of arousing a public sen- timent in favor of restricting or withdraw- ing the parcel post facilities.” - a chance to prove his contention. Why should the Postmaster General and The Postmaster General will hurt and not help his cause by this sort of accusation. - —Baltimore, Md., Sun, March 23, 1915 the “mail pay committee" of the railroads be in such violent antagonism f Here is a simple business proposition of rendering a certain service in transportation for the benefit of the public and being properly paid for it. The railroads have a right to expect fair treatment and ought to know whether they are getting it or not. The public should be willing and we believe are wil- ling they should have it. Why should the Postmaster General get so hot over it Let us have the real facts fairly stated and get a disinterested judgment. THIS FIER CE BAITING OF RAILROADS IS NO LONG ER WORTH WHILE. * * * * Senator Weeks' Statement Found º . Convincing ſºdianapolis, Ind., News, March 23, 1915 ** is a serious matter when the Post- master General of the United States makes tº: deliberate statement that the railroads &aused the defeat of the last Post Office appropriation bill. A railway mail committee, representing “ certain railroads,” according to the Post- { { * master General, endeavored to " mislead and wrongfully influence the public mind . into an attitude of antagonism to the De- partment.” Senator Weeks, of Massa- chusetts, has issued a reply to Mr. Burleson. When the two statements are compared, that of the Senator will be found convincing. The legislative facts, as given by Mr. Weeks, are assumed to be correct. The last. Congress officially went into the whole subject of railway mail pay, when a bi- partisan commission of three Senators and three Representatives considered the tech- nical side of the case, - of weight. A unanimous report was returned, pro- viding for pay on the basis of space instead This report was accepted by the Post Office Department, “but,” says Senator Weeks, “without, in my judgment, suitable reasons,” the Department “changed the rates which should be paid for this service.” It was not, then, “insidious railroad which caused the defeat of the bill in the closing hours of the session, but rather the endeavor of the Department to write into the measure its own opinions y y influence concerning railway pay. Several weeks ago Mr. Moon, who, as a member of the House committee having the subject in charge, had opportunity to hear of lobbying, warned the Department not to incur a deficit contrary to the law. The statement indicated a belief that rail- road influence was not lacking, but its main object seemed to be to justify Mr. Burle- son's attitude when a lack of funds ham- pered the service. But Mr. Moon and Mr. Burleson to— gether cannot dispose of the question in this summary fashion. There is something to be said on both sides. The present system of remuneration for the carriage of the mails is not just. Mr. Burleson justifies his position as follows: “It was and is a determined, well-considered effort to end a system under which postal authorities are com- pelled to stand helplessly by while the railways loot the postal revenues.” In other words, the Department is the one to determine what the railroads shall get for their service. - THIS IS ANALOGOUS, AS SEN- ATOR WEEKS SAYS, TO THE S H I P P E R E S T A B L IS H IN G FREIGHT RATES. IS IT JUST 29 , , , , * 2 1918 4. **** * * - *. A 2' & - £ t. i.e. * : - , * : A A 2 .." * * : * / - * * * * * rº + .* * , . " * * ** gs f ** º * * ‘,- 22.3% wº 2. / ...) tº . . . 2 13, 2 -"A f sº. 4-7, § 4 A' The Post Office Department should deal, as should all Departments of the Government, fairly with all citi- zens, and the Post Office Department in using the trains and locomotives of a railroad is really using the property of the citizens who own the stock of the railroad. —Providence, R. I., News-Democrat, July 7, 1915. Shipping U. S. Treasury Funds by Mail at the Expense of the Railroads The Treasury Department, acting in concert with the Post Office Department, has issued an order which became effective August 16th, directing that all public moneys and securities transported between the Treasury, the Sub-Treasuries and the banks shall hereafter be carried by registered mail, instead of by express. This order involves results to the railroads concerning which the public should be fully informed. The express companies have hitherto earned about a half-million dollars yearly by the performance of this service. Approximately 50 per cent. of this sum, or $250,000 annually, was paid by them to the railroad companies for the facilities of transportation. Both the railroads and express companies will be deprived of these revenues, but the railroads, unlike the express companies, will by no means be relieved of the service, since it is obvious that whether the public moneys and securities are sent by express or by mail, the facili- ties of the railroads must be used in either case. ::: ::: For carrying the public moneys and se– quate, by comparison with the unusual curities as mail the railroads will receive no compensation whatever until the Gov- ernment again weighs the mails to ascer- tain the tonnage being carried. This is done only once in four years. Even then, the rates the railroads will receive for trans- porting the funds will be so utterly inade- value of such shipments and the fair worth of the service to the Government, as to amount practically to nothing. The rates paid the railroads for carrying the mails are based upon the service of transporting such things as letters, printed small merchandise. These matter and Issued August 21, 1915, by the COMMITTEE ON RAILWAY MAIL PAY, 75 Church St., New York City. Ralph Peterſ, President of the Long Island Railroad Company, Chairman; W. F. Allen, Secretary. make up the great bulk of the mails, and with few exceptions are of relatively small intrinsic value. Rates commensurate with service of this character cannot, by any recognized eco- nomic principles, be held commensurate with the service of carrying enormous sums in money and negotiable securities, the shipments of which by the Government probably exceed two billions of dollars annually. * }{ % A Claim of Saving Analyzed The new arrangement has enabled the Treasury Department to claim that a saving the amount hitherto paid to the express com- will be made equivalent to entire panies, because the Treasury is to receive from the Post Office Department the privileges of free postage and free registra- tion upon all shipments of currency and securities. It would be a great error, however, to suppose that the revenue loss to the carrier companies will be a real saving to the Government. The Treasury expense, it is true, may be somewhat decreased, but Post Office expenses will n e c e s s a rily be materially increased. This will inevitably result from the fact that there is to be imposed upon the Post Office Department the performance of important new duties hitherto regarded as lying wholly outside the proper scope of the postal service. % + x; }; Moreover, the cost of insuring public moneys and securities in transit has hith- erto been borne by the express companies and included by them in their charges. This expense must now be assumed by the Treasury Department and will be an offset to the gain exhibited by avoidance of the express charges. The Treasury De- partment will naturally be obliged to make arrangements for insurance through other agencies, presumably the corporations which are engaged in general commercial insurance. The net results of the change, therefore, seem to be : 1. To oblige the railroads to ren- der for practically nothing the actual transportation service required in effecting transfers of the public funds. 2. To separate the risk of insur- ance in transit from the general transportation duty and turn this business Over to new interests, at rates not as yet disclosed. 3. To transfer from the express companies to the Post Office De- partment the duties involved in the actual handling, collection, delivery and custody of thousands of ex- tremely valuable packages not hitherto carried in the mails. * * * * IN THIS ANALYSIS IT WOULD AP- PEAR THAT THE ONLY REAL AND TANGIBLE, SAVING OF EXPENSE TO THE GOVERNMENT LIES IN THE SUBSTANTIAL ELIMINATION OF PAYMENT TO THE RAILROADS FOR THE TRANSPORTATION SERVICE. In other respects nothing but a change in agencies is effected, which is as likely to increase as to decrease costs. This must be held true unless the Post Office Department is to be credited with the ability to operate more efficiently, and at lower labor costs, than the express com- panies, or unless the Treasury Depart- ment is enabled to obtain abnormally low premium rates from the insurance com- panies, by reducing the risk in transit at the expense of the railroads. + k + + Safeguarding in Transit For instance, insurance premiums are naturally based upon the opinions enter- tained as to the risk, and the risk assumed, in the case of money shipments, certainly depends largely upon the degree of physi- cal protection afforded. It is in every way probable that the new interests which are to be awarded the business of insuring the Government funds in transit will insist upon unusual forms of protection, as part of the bargain, especially in the case of the very large individual sums that are quite commonly transported in the financial operations of the Government. It may well be anticipated, therefore, that the railroads will be called upon, from time to time, to carry not only the Govern- ment's money, but also to carry, free, armed guards, as “agents in charge of the mails,” or even to furnish special cars without additional compensation. For precedent upon these points, it may be recalled that when the Treasury Depart- ment, last summer, shipped $100,000,000 in gold from Philadelphia to New York, as “parcel post,” the Post Office Depart- ment required four special cars, for which no additional payment was made, and also the transportation for the round trip of 100 guards without payment of fare. * }{ }{ % Cost Will Fall on Railroads If by exacting such forms of special service, and insisting upon the free trans- portation of armed guards, as postal agents, the Treasury Department is enabled to obtain abnormally low rates of insurance, the saving will quite evidently be effected at the expense of the railroads. Under the practice heretofore of ship- ping the Governmental funds by express, e? t the express companies furnished the guards, supplied the safes in which the moneys were carried and paid the railroads for the use of their facilities and for the transporta- tion of the money, the safes and the guards. + + + 3% Proper Scope of the Mails The laws of this country limit the Post Office Department to the payment of an indemnity “ not to exceed $100 for any registered piece.” The indemnity on the parcel post, upon payment of an extra insurance charge, is limited to $50 per package. In the International Postal Union mails the indemnity limit is 50 francs per piece, or about $9.35. Does it not seem apparent, from the small amount of indemnity permitted by law, that Congress has never intended that the mails should go beyond a service of or— dinary convenience to the general public If the Treasury Department can use the Post Office Department, and consequently the railroads, in the manner contemplated by the order respecting the shipment of public moneys, what is to prevent the War and Navy Departments from shipping their supplies by mail, with United States troops and marines as armed guards, to be carried free by the railroads as “agents in charge of the mails " ? ::: Action by Congress Pending The entire subject of readjusting the compensation to the rail- roads for carrying the mails is still in the hands of Congress. Until some adequate steps are taken by the legislative branch of the Govern- ment to insure that hereafter the payments shall be upon a fair basis for service rendered, it would appear that both propriety and justice require the Executive Departments of the Government to refrain from imposing additional burdens upon the railroads. The occasion would seem to be appropriate for recalling the con- fidence expressed by President Wilson in his letter to Secretary McAdoo, on the opening of the Federal Reserve Banks last fall, when he said : “No doubt, in the light of the new day, with its new understandings, the problems of the railroads will be met and dealt with in a spirit of candor and justice.” there be a deficit. deficit. “WE OUGHT TO DO THE FAIR THING BY THE RAILROADS.” “The Postmaster General is responsible for the deficit, if He is naturally very anxious not to have a He is very anxious to make a good showing. “But we ought to do the fair thing by the railroads. easy enough to make a statement showing the profitable operation of the parcel post if you do not pay anything for the carriage and do not charge Overhead expenses.” —Ex-President William H. Taft, at Twenty-first Annual Convention, Pennsylvania Bankers' Association, May, N. J., June 17, 1915. It is Cape The Government Should Set the Example in Fair Dealing From the Chicago Tribune, July 19, 1915 When the United States Government engages the second industry of the land in a pitiless war over the proper pay for a railroad hauling a pound of mail, some It is reserved for Americans alone to see how- sort of surprise is not out of order. itzers taken up to settle a question of accounting. The railroads claim that the Govern- ment is not paying them sufficiently for carrying the mails, and the Government is just as loud in its denials and counter assertions that the railroads are overpaid. Incidentally no railway mail pay legislation was enacted at the last session of Congress as a result, and now both sides are prepar- ing for a display at the December session of Congress. Chairman Moon of the Congressional Committee seems to be imbued with the spirit of driving a good bargain and “sav- ing millions for the Government.” But the public, who must support the railroads through the passenger, freight, express and mail tolls, certainly expects the Govern- ment to bear its fair share. A million clipped off the mail pay will mean a mil- lion added somewhere else. One Congressional Committee has al- ready submitted a report favoring more liberal compensation, and Congress should either accept its finding or be in a position to prove its falsity. The railroads have suggested that the matter be left to the Interstate Commerce Commission. But more important than all other con- siderations is the question of ethics. The Government has the power to com- pel the railroads to carry the mails at a loss, possibly, but its power should not be so misused. A Government that demands frank and honest dealing between the business men of the nation should take every oppor- tunity to set an example. / 6.9% A Reply by the Railroads to the Statement of The Post Office Department on the Adequacy and Method of Pay to the Railroads for Carrying the Presented to the Senate Com- Mails and Parcel Post mittee on Post Offices and Post Roads March 20, 1916. Committee on Railway Mail Pay 75 Church Street, New York City [I am RALPH PETERS (Chairman) President, Long Island Railroad CHARLES A, VVICKERSHAM President and General Manager, Western Railway of Alabama W. W. BALDWIN Vice-President, Chicago, Burlington & Quincy Railroad VV. VV. ATTEREURY Vice-President, Pennsylvania Railroad E. J. PEARSON First; Vice-President, Texas and Pacific Railway E. G. BUCKLAND Vice-President, New York, New Haven & Hartford Railroad C. F. DALY Vice-President, New York Central Lines W. A. WORTHINGTON Vice-President and Assistant to Chairman, Southern Pacific Company EDWARD CHAMBERS Vice-President, Atchison, Topeka & Santa Fé Railway J. E. FAIRBANKS, Secretary roads on January 24th, 25th and 26th, 1916, by the House of Representatives Post Office Committee, the Post Office Department issued a pamphlet defending the Moon Railway Mail Pay bill and the so-called “space plan” of pay for mail transportation. Sº before the hearings granted to the Rail- The Department also endeavored, in its pamphlet, to justify the attempt to obtain enactment of the Moon bill by making it a “rider” on the Post Office appropri- ation bill. The Department’s defense throughout was based upon a series of assertions, unaccompanied by proof. Z A careful examination of these assertions, the Rail- roads believe, will show that they are not sustained by fact. >}: :}; >{: :}; In the following pages, the principal claims and assertions made by the Department are reprinted. The actual facts bearing upon the same are stated in parallel columns, in the form of answers. This has been done chiefly for the information of the Senate Post Office Committee, but also in order that all interested persons may judge for themselves of the ade- quacy or inadequacy of the Department’s defense of the Moon bill, the “space plan '' of pay for carrying the mails and the resort to “rider” legislation. For convenience, the Department’s claims have been grouped under appropriate heads. Page numbers are also given indicating where the various extracts may be found in the Department’s pamphlet. 3 The Attempt of the Post Office Department to Rep- resent the “Space Plan” of Pay for Mail Transportation as Being More Scien- tific than the Weight-and- Distance Basis WEHAT THE DEPARTMENT SAYS In addition to the pay for weights [of mail actually carried] the present law authorizes additional pay for railway post office cars, 40 feet and more in length, at specified rates. This consti- tutes partial recognition of the space principle as a proper factor in making mail transportation rates. (Page 2.) WELAT THE DEPARTMENT SAYS The weighings [of the mails] are costly and annoying, and interfere seriously with the operation of the service in the field. (Page 2.) THE ANSWER This ADDITIONAL pay for rail- way post office cars constitutes recog- nition simply of the fact that IN AD- DITION TO CARRYING THE MAILS, the railroads are required to furnish the Department special facili- ties for conducting post office work— that is, sorting the mails—in moving trains. Why should not those special facili- ties be paid for when demanded, and in what manner can payment for them relieve the Department of payment for the principal service, WHICH IS THE ACTUAL CARRYING OF THE POl] NDS OR TONS OF MAIL SHIPPED P The anomaly and injustice of the present law is that it provides pay for such traveling post offices only when occupying full cars of the length of 40 feet or more. The railroads are com- pelled to furnish the Department with about 4300 apartment car post offices, less than 40 feet long, which are not paid for at all. THE ANSWER Only because the Department's prac- tice makes them so. The railroads be- lieve that the cost of the weighings could be reduced 75 to 90 per cent., and all trouble to the Department prac- tic a l l y eliminated. Congressman Lloyd's bill, now pending, H. R. 4812, provides such a remedy. WHAT THE DEPARTMENT SAYS Compensation thus determined [i. e., on the weight-and-distance basis] is not fairly distributed according to service rendered. (Page 2.) WHAT THE DEPARTMENT SAYS The system [of payment on the weight- and-distance basis] lacks the elasticity to meet changing conditions and fluctua- tions of traffic, that, with the growth of the parcel post, have been frequent and far-reaching. (Page 2.) WHAT THE DEPARTMENT SAYS Computation of pay under the old law with its several amendments [i. e., under the weight-and-distance basis] is a com- plex process, little understood, and pro- ductive of endless and vexatious dis- putes. (Page 2.) WHAT THE DEPARTMENT SAYS The whole plan [of payment for mail transportation by weight-and-distance] is wnscientific, inequitable in results, and needlessly comple+. (Page 2.) WHAT THE DEPARTMENT SAYS The desirability of a revision of the laws governing railway mail pay has been recognized by postal administrations for many years. (Page 5.) THE ANSWER This assertion cannot be sustained. Payment on the weight plan, that is, for the weight of mail carried and the distance it is transported, is, in the strictest possible sense, payment “ac- cording to service rendered,” and if the plan were administered properly by the Department, that is, if the mails were weighed with sufficient fre- quency, it would with mathematical certainty result in the payments being “fairly distributed.” THE ANSWER Only because the Department re- fuses to weigh the mails oftener than once in four years to determine the weights of mail carried by the rail- roads and to be paid for by the De- partment. THE ANSWER The principle—which is the ton- mile—is simplicity itself. The arith- metic, largely due to the Department’s methods, is somewhat lengthy, but could easily be simplified. THE ANSWER It is the precise plan upon which the Department, itself, charges all shippers by parcel post. It is the plan upon which the Inter- state Commerce Commission regulates freight and express rates in this coun- try. It is the plan upon which freight rates everywhere are based. THE ANSWER The railroads heartily concur. The laws and Departmental practices should, without further delay, be re- formed to provide for annual weigh- ings of the mails, pay for apartment post office cars and pay for or relief from the now gratuitous service, ex- acted from the railroads, of hauling the mails back and forth between post of- fices and railroad stations. II The Attempt to Make the Moon Bill and Its “Space Plan” of Pay for Mail Transportation Ap- pear Fair to the Railroads WHAT THE DEPARTMENT SAYS The plan [of payment on the “space basis,” specified in the Moon bill] pro- vided for a scale of pay exceedingly liberal in the light of every factor that justly enters into the question of firing reasonable compensation for carrying the mails, and assured the railroads a some- what larger revenue per car-mile for carrying the mails than they are now re- ceiving. (Page 6.) THE ANSWER THE MOON BILL’S PLAN DOES NOT ASSURE THE RAILROADS ANY DEFINITE R E V E N U E WHATEVER FOR MAIL TRANS- PORTATION. On the contrary, it specifically provides that for every form of service which it enumerates, the Postmaster General “MAY” pay the railroads “NOT EXCEEDING” certain specified rates. Nowhere does it say that he MUST pay them any- thing. Moreover, even the highest rates named in the bill, far from being “lib- eral,” would result in serious injustice. For carrying a carload of parcel post, IN A PASSENGER TRAIN, these rates would yield a railroad less than 1% cents per ton per mile; whereas the Interstate Commerce Commission al- lows, for carrying first-class freight IN FREIGHT TRAINS, ordinarily from two to seven cents per ton per mile, and much more in some sections of the country. Nor would it be necessary for the Post Office Department to make car- load shipments of parcel post in order to exact service from the railroads at unjustly low rates. Actual trial has shown that in the smallest unit of space the Moon bill would authorize— three linear feet in a baggage car—it is practicable to load sufficient parcel post or mail to bring the return to the railroad, at the Moon bill rates, down to 1% cents per ton per mile, AND STILL LEAVE AMPLE AISLE ROOM IN THE CAR. WHAT THE DEPARTMENT SAYS Passenger Revenue Less Io Per Cent. Is Basis of [the Moon bill] Rates. (Page 7.) WHAT THE DEPARTMENT SAYS The total mail pay upon the present basis, including both pay for weight and pay for space, for the fiscal year of 1915, was more than fifty-nine million dollars. The rates carried in the proposed law [the Moon bill] would have resulted in a payment for that year of about sixty- two million dollars, estimated on the basis of the service in operation. (Page 8.) THE ANSWER This is a “head-line” assertion in the Department's pamphlet that needs no elaboration. The Interstate Commerce Commission, in recent decisions, has held the passenger revenues of the rail- roads to be inadequate. Can it be fairly contended that the mail pay, per car- mile, should be made 10 per cent. lower still? THE ANSWER Chairman Moon, of the House of Representatives Post Office Commit- tee, in advocating the bill, informed the House, on December 19, 1914, that its passage would “SAVE MANY MIL- LIONS ANNUALLY” out of the rail- roads’ pay, because under its terms they could be compelled to CARRY ALL THE PARCEL POST “PROB- ABLY WITHOUT ANY ADDI- TIONAL COMPENSATION.” In the same speech he said that the “sav- ing” thus to be achieved would be $8,- 000,000 per year. As a matter of fact the discretionary powers which the Moon bill would vest in the Postmaster General would enable him to reduce the railroads’ pay to any extent that he might desire, either by directly lowering the rates or by curtailing the frequency of despatch of the mails, or both. A new amendment incorporated in the measure by the House of Repre- sentatives empowers the Postmaster General to RAISE the rates as well as lower them. As the Moon bill “rider” now stands, the rates named therein are totally devoid of binding force and the measure is simply a complete dele- gation of the rate-making power to the Postmaster General. III The Post Office Department's Excuse for Resorting to the “Rider” Method in Attempting to Force the Passage of the Moon Bill WHAT THE DEPARTMENT SAYS Because of the congestion of legisla- tion during the short session [of the last Congress], it became apparent that the Moon bill could not be enacted, and, hence, the mail pay section of the Moon bill was incorporated in the annual post- office appropriation bill. (Page 6.) THE ANSWER If the Moon bill was, and is, as ob- viously fair, just, scientific and in all respects meritorious as the Depart- ment contends, Congress would surely have no hesitation in enacting it as a separate measure. What reason is assigned for making it a “rider” on THE NOW PEND- ING appropriation bill, in the present LONG SESSION of Congress? IV The Department's Persistence in Its Old Claim of Overpay to the Railroads for Mail Transportation WHAT THE DEPARTMENT SAYS Although the facts would warrant a reduction of railway mail compensation, the Post Office Department has not advo- cated this action. (Page 8.) THE ANSWER The FACTS are these : In 1901, the Wolcott-Loud Congres- sional Commission reported that the railroads were not THEN overpaid and recommended against any reduc- tion in rates. Congress afterward twice reduced the rates by law and the Department made a third reduction by an executive order. In 1913 Dr. M. O. Lorenz, Associ- ate Statistician of the Interstate Com- merce Commission, estimated that the railroads were underpaid certainly more than $5,000,000 per year. In May, 1914, Louis D. Brandeis re- ported to the Interstate Commerce Commission that mail transportation was “clearly unremunerative.” In August, 1914, the Joint Congres- sional Committee on Railway Mail Pay recommended an ADVANCE of $3,000,000 per year in the railroads' pay, with relief from the messenger services. The Department says it does not now advocate a reduction in pay; but the Department DOES advocate the Moon bill, and the sponsor of that bill has said in Congress that its purpose was to effect a large further reduction in the pay of the railroads. V The Attempt to Disguise the Grant of the Rate- Making Power to the Postmaster General WHAT THE DEPARTMENT SAYS The proposed law [the Moon bill] authorizes the Postmaster General to pay not exceeding the rates specified in it. (Page 8.) In every law enacted by Congress on the subject of railway mail pay, since Congress first legislated seventy-seven years ago in regard to the carriage of mails on railroads (July 7, 1838), the Postmaster General has been given free and full power to contract with a rail- road for the carriage of mails at any rate within the maximum rates named in the several laws if he should be able to do so. (Page 9.) - - THE ANSWER The present law, it is quite true, au- thorizes the Postmaster General to CONTRACT with the railroads for the transportation of the mails, and limits the amounts he may OFFER TO PAY by the use of the words “not exceeding” in connection with the va- rious rates specified. The Moon bill, however, would COMPEL the railroads, under penalty of $5000 fine per day for each refusal, to carry the mails AT THE RATES FIXED BY THE POSTMASTER named in the bill. GENERAL, “not exceeding” those This is in no way similar to the present law, which DOES NOT COMPEL the railroads to accept the Postmaster General’s terms. If the service is to be made compulsory by law, instead of a mat- ter of free contract, a disinterested branch of the Government should, in fairness, fix the rates. No one would defend a law empowering the Post- master General to COMPEL manu- facturers to sell his Department sup- plies for whatever prices he might choose to pay. 10 VI The Attempt to Justify the Grant of the Rate- Making Power to the Postmaster General WHAT THE DEPARTMENT SAYS The history of the [postal] service for the last forty years sufficiently refutes the charge that the inclusion of the words not exceeding will give the Postmaster General power that he would use in an autocratic or unfair manner. (Page 9.) WHAT THE DEPARTMENT SAYS If rates [for railway mail transporta- tion] were absolutely fixed, the Govern- ment would be compelled to use the short line between the large mailing centers and could not give the competing roads having longer lines the privilege, as is done now, of hauling a part of the mails at the rate for the short line. (Page 9.) WHAT THE DEPARTMENT SAYS Also, if the rates [for railway mail transportation] were inflexible there would be innumerable instances in the conduct of the service involving disputes between the railroad companies and the Department as to the precise amount due for service. (Page 9.) THE ANSWER The railroads have never asserted that the present Postmaster General —or any Postmaster General—in- tended to use in an autocratic or un- fair manner the powers which the Moon bill would confer. But they have many times asserted, and here reiterate, that these powers COULD be so used, and if they are not to be so used, no reason exists why the De- partment should seek them or why Congress should grant them. THE ANSWER This is a very trivial matter. It ap- plies only to 21 mail routes out of a total of 2484. The amount saved to the Government is only one-half of one per cent. of the total railway mail pay. The Joint Congressional Committee on Railway Mail Pay in its bill, which proposed FIXED rates, included, in Section 1, a provision for equalization between common points where one railway line was shorter than another. If the Postmaster General wishes to continue the system of free contract, he should advocate retention of the present law, which amply provides for it. THE ANSWER The meaning of this statement is very obscure. If the rates were defi- nitely fixed, there could be no dispute as to what was due the railroads for any given service. On the contrary, if the rates were left discretionary with one of the parties to the transaction, there would be unlimited differences and disputes, and possibly legal pro- ceedings. 11 VII The Post Office Department’s Attempt to Make the Railroads Appear Better Paid for Mail than for Express Transportation WHAT THE DEPARTMENT SAYS This tremendous burden of service [the parcel post, estimated by the De- partment at 1,000,000,000 parcels per year] has been successfully assumed by the postal establishment and is being per- formed at a margin of profit for the Government, notwithstanding the inordi- mately heavy transportation costs—at times amounting to double the transpor- tation costs borne by the express compa- nies upon a great part of their traffic. (Page Io.) WHAT THE DEPARTMENT SAYS Upon the majority of these great mail routes, mail and express transportation conditions are practically identical. The cost to the railroads of the incidental services rendered in transporting the mails on these routes is inconsiderable as compared with the great disparity in the returns from the two services. (Page 10.) TELE ANSWER The entire question of the earnings of the railroads from mail and express transportation was investigated by the Joint Congressional Committee on Railway Mail Pay, which reached this conclusion: “WE ARE COMPELLED TO RE- JECT THE DEPARTMENT'S AT- TEMPT TO SHOW HIGHER REL- ATIVE RAILROAD EARNINGS FROM MAIL AS RECKLESS AND MISLEADING.” (Report of August 31, 1914, page 93.) In 1914, the last year for which com- plete figures are obtainable, the rail- roads received $55,000,000 for carrying mail and $75,500,000 for carrying ex- press traffic. THE ANSWER The Joint Congressional Committee on Railway Mail Pay said: “The express service undoubtedly costs the railroads less than the mail per car-mile. “Express matter is handled at all times by express employes. A railroad company not only handles the mail at and in stations, but in a great many in- stances bears the expense of transport- ing mail between the station and the post office. “Mail must be carried on all trains, including the fast trains, while express matter is limited in frequency and speed of service. “Express cars are of simple construc- tion, with practically no furnishing and require little lighting. Mail cars must be of special construction, must be fit- 12 WHAT THE DEPARTMENT SAYS The railroads are receiving from the Government amounts which, for hauls of any considerable length, exceed by about two to one the amounts they receive from the express companies for like and simi- lar service. (Page 10.) WHAT THE DEPARTMENT SAYS The Department is authorized by law to ship by mail from November 15th to January 15th empty mail bags ordinarily sent by freight. During the recent holiday period it was found that shipments could be made by express at a lower rate than by mail be- tween many points and the express serv- ice was utilized to a considerable extent. (Page 14.) ted with racks for holding mail bags and cases for distribution of letters en route. The best practicable lighting is also required. “Postal employes are carried free on railroads while on official business, whether connected with railroad mail service or not. Transportation of ex- press employes is reciprocated by free services rendered by the express com- panies for the railroads. “There are other differences which make the express service less burden- some or expensive to the railroads than the mail service. The foregoing enumeration is sufficient, however, to show justification for the statement that a comparison of rates without a comparison of service rendered is lack- ing in sincerity.” (Report of August 31, 1914, pages 90 and 91.) THE ANSWER On ALL hauls of moderate length, over which the great bulk of the mails are carried, the rates received by the railroads from mail transportation are lower than those they receive for car- rying express traffic. The express companies pay the railroads 50 per cent. of their gross receipts. The Post Office Department pays only 20 per cent. The assertion that mail and express transportation are “like and similar” is refuted by the findings of the Joint Congressional Committee quoted above. THE ANSWER The Department fails to explain that during the recent holiday period large quantities of postal equipment were shipped by mail, either to obtain a lower rate or a better service than ex- press afforded. The Department has asked Congress to extend the period during which this may be done. (Re- port of 1915, page 135.) 13 VIII The Department's Claim that the “Space Plan” of Pay for Mail Transportation Could Accurately Measure and Pay for the Service Rendered WHAT THE DEPARTMENT SAYS Under the space basis of payment pro- vided in the Moon Bill and in the appro- priation bill, and agreed to by the Con- ference Committee on the latter, fluctua- tions in service would be promptly recog- nized and compensated. (Page II.) It is the belief of the Department officials, and of many railroad officials as well, that the space plan would enable all service furnished according to the needs to be properly compensated; in other words, the Department would pay for what it receives, and the railroads would receive pay for all service fur- nished. (Page 11.) THE ANSWER It would be hard to express in more precise language what the “space plan” would NOT do. Under the space plan, one railroad would carry one ton, another ten tons and another twenty tons of mail, the same distance, for the same pay. On many routes, it would be possible for the Department to double, treble or quadruple the mail tonnage which the railroads would be required to haul, WITHOUT PAYING ONE ADDI- TIONAL CENT FOR THE EXTRA SERVICE. The assertion that many railroad officers believe in the equity of the space plan is directly refuted by the unanimity of the railroads in protest- ing against its injustice before the Committees of Congress and the public. 14 IX The Five “Merits” of the “Space Basis” of Pay for Railway Mail Transportation with Which the Department's Pamphlet Closes WHAT THE DEPARTMENT SAYS [The space basis] Eliminates trouble- some and expensive weighing. (Page 16.) WHAT THE DEPARTMENT SAYS [The space basis] Provides a system of rates definite and understandable. (Page 16.) WHAT THE DEPARTMENT SAYS [The space basis] Utilizes facilities paid for to maximum capacity. (Page 16.) TBDE ANSWER It would eliminate NECESSARY weighing, and would thus destroy all check upon the disbursements made by the Department for service rendered. Aside from that, the Department cannot justly refuse to pay the rail- roads accurately for their services on the ground that it is troublesome and expensive to do so. THE ANSWER The proposed “space plan” consists of “LINE RATES” for full cars, half cars, quarter cars and for seven linear feet and three feet of space, respec- tively, in baggage cars, plus various “INITIAL rates” and “TERMINAL rates” applicable to each, and all vari- able at the will of the Postmaster Gen- eral. Is this easily understandable? The railroads want the weight basis —payment for the pounds or tons they carry. THE ANSWER This statement should be corrected to read as follows: “Utilizes facilities ONLY PARTLY paid for to their MAXIMUM capacity.” The car mile rate in the Moon bill is based on the present average loading of about 2 1/3 tons per car. This would not be a fair rate for carrying 10 tons or 20 tons in a Ca1ſ. 15 WHAT THE DEPARTMENT SAYS [The space basis] Pays for service ac- tually rendered and for space furnished. (Page 16.) WHAT THE DEPARTMENT SAYS [The space basis] Will enable the De- partment to proceed with its plans for the expansion of the parcel post. (Page 16.) THE ANSWER It does not pay at all for service ren- dered, AS IT IS NOT BASED UPON SERVICE RENDERED, which is the weight of mail carried and the distance it is carried. Car space is not service. It is a fa- cility for rendering service. It is per- fectly proper for the Department to require the railroads to furnish it EXTRA car space for its own special purposes, such as for traveling post offices—provided, of course, it pays the railroads fairly for such extra facili- ties. - But it is NOT proper for the De- partment to requisition car space in the railroads’ trains at inadequate rates and then use that space for carry- ing on a commercial transportation business, through the heavy parcel post, in competition with the railroads. THE ANSWER The railroads have always been dis- posed to do everything in their power to assist the Government in making the parcel post of the highest possible utility to the public. But they most earnestly believe that they are entitled to be fairly paid for the service they render, or, in other words, FOR WHAT THEY CARRY. They would not be so paid under the terms of the Moon bill, or under the “space plan” of pay, which absolutely ignores the weight of the traffic car- ried.