The Rights of Carriers in Towns.
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Cartage Rebates due in Respect of "Collected and Delivered" Railway Rates. A Warning to Manufacturers, Traders, and Agriculturists.
The evidence in the important case of Pickford's, Ltd., v. the L. and N.W. Railway Co., which was heard in January last before the Court of the Railway and Canal Commission, and occupied no less than eight days, affords opportunity for consideration of the great importance which should be attached to the subject of their legal rights by independent town or city carriers in connection with that part of their work which lies in the cartage of goods to or from the stations of the railway companies. For the purpose of this article, it will, perhaps, be best to call to mind the fact that railway companies in the beginning were given powers to carry goods on their lines of rail from point to point, the custom invariably being for the trader to cart his goods to or from the termini of such points. Then, for their own and the .public's convenience, the railway companies began, some 25 years ago, to put in their rate books -what they call " door to door " (or " c. and d.") rates, i.e., including collection and delivery from and to the consignors' and consignees' premises respectively.
The Railway's Strength.
In order to arrive at a just estimation of the action of the railway companies in this connection in recent years, it must he borne in mind that the addition of extra charges, at each end, for the cartages performed, to their rates for conveyance on rails and station and service terminals, gave them additional powers and profits, and it must also be remembered that, if every rate in the Kingdom were ordered to be sltered back to the old condition of carriage from station to station only, the railway companies would still have their original businesses upon which to fall back, and to make their profits. On the other hand, deprive the carter of the interest in or right to cart, his only means of a living, and he ceases to exist. This transference of the cartages, as will be shown, has been for years, and it is still, the object of the railway companies, so far as goods coining to or from their stations is concerned, and it is this great principle which Pickford's, Ltd., has fought at great cost.
The collected and delivered rates having an amount included in them to cover the cost of these services, it is reasonable to expect that, in the event of the railway companies' not being allowed or called upon to perform such services, they should allow, as a rebate, the whole of such amount to whoever elects to cart. For example, if a rate, station to station, was originally 15s. per ton, and was advanced to 20S. per ton collected and delivered, A, carting at one end, should receive 2S. 6d. per ton, and 13, carting at the other end, should receive the other 25. 6d. per ton ; or, in the event of cartage by A or B at both ends, as Pickford's, Ltd., and other carriers do, they should receive the whole ss. per ton.
Squeezing the Independent Carter.
What the railway companies have done and are doing is to fix arbitrary sums, which are much lower than the sums included in the collected and delivered rates for cartage, and to allow such small amounts to carters for their services as to render it an impossibility for them to cart and, at the same time, to make a profit ! When traders and carriers do perform cartages under these conditions, they have also the bitter knowledge that the railway companies have left themselves in the carriage rate, amounts varying from is. to 4s. per ton for services they do not perform. It has been a common excuse for railway managers to say, when the justice of these " residues " has been challenged in the Law Courts, that any such sum is an amount reserved to themselves for" being ready to cart," an assertion, one is thankful to say, that has been contemptuously brushed on one side on many occasions. Their contention in such cases shows the absurdity of the position they take up on the point, which is that, having to maintain large carting establishments for the purpose of making convenient carting arrangements for their customers, they are entitled to make a kind of " standing charge," in a roundabout way, and one that must be paid by the trader for such convenience as may be provided. Apart from these injustices to the traders direct, an example of a certain rate for shipping goods, largely carted by outside teamowners for the traders, indicates to what lengths the railway companies are prepared to go. The rate in question, of 8s. per ton, inclusive of carting in one city to alongside steamer's berth on rails, is made up of 6s. tad. conveyance and is. 2d. carting. Of this latter amount, the railway companies are graciously pleased to allow to the tearnowner the magnificent sum of sod, per ton—he may take it or leave it. There is, luckily, no record of one waxing fat and rich upon the dole, or the railway magnates would assuredly consider the advisability of a further reduction in the rebate. Not only are there numerous examples of this kind, but where, as in many cases the rates are only " station to station," the railway companies take care to provide themselves with a remunerative scale of cartage charges, in addition to the rates, in respect of exactly the same service for which, in their great kindness, they would allow a trader or carrier about half such amounts in rebate from " collected and delivered " rates.
When it is sought, by a legal demand for analysis of a rate or rates, to ascertain what amount is included in a " collected and delivered " rate or rates for cartage, these railway gentlemen, instinctively knowing that if a carrier or trader owning horses or motor lorries makes such an application he is almost certain to desire the information for the purpose of cartage rebate, promptly (or otherwise) render figures to suit their purpose, i.e., they allocate larger amounts to the services other than cartage, leaving a sum so ridiculous for that service as, in multitudes of cases, to render it impossible for any outsider to cart at a profit. Remunerative Railway Cartages and Unrevealed
.7-1Jolbrt . Extra Railway Profits.
It was given in evidence that one railway company had acquired the carting of 86 per cent. of the "collected and delivered." trathc to or from its London stations. This fact alone should be sufficient to show its intentions as a whole, and to provide food for Very serious reflection for all traders and independent carriers. In addition, evidence was given by a railway company that certain charges for cartage of " station to station " traffic were made by them as a " deterrent," the avowed object being to deter the trader or carrier from asking them to cart, and this cannot be viewed as other than one of the most instructive admissions ever made on this subject. Yet, almost in the same breath, it was admitted that the acquirement of the remaining 14 per cent. of cartage on " collected and delivered "traffic in the London instance would not be unwelcome, and that amounts similar to the cartage charges on " station to station " traffic were included in the " collected and delivered " rates as thecost
of such cartage! Does this statement bear argument, or may it not be dismissed as worthless?
A question as to what becomes of the unclaimed rebates for cartage performed by traders and carriers elicited no satisfactory response, and to the likely existence of very considerable profits (sic) here may be attributed the desire of the railway companies to maintain their " collected and delivered " rates, and to evade the compilation and quotation, wherever possible, of alternative " station to station " rates. it may be taken that from a third to a half of the stations in Great Britain have no railway cartage staff at all, and, if the traders and carriers carry this fact in their minds, they will be able to assess the vast sums which must accrue from these amounts for cartage which are included in the rates, although in thousands of cases the railway companies are unable to perform either collection Or delivery. We cen. tainly have gross examples of " unearned increment " by the gross. Farmers and general traders have gone on in the old way, for scores of years, carting their g-oods,,to or from the local stations, in ignorance of the fact that there is a sum due to them, included in the rate for carriage, for every ounce they cart, and, when it does leak out, they are either bluffed out of their due, or; on pressure, are allowed the miserable amounts which have driven Pickford's, Ltd., to this costly litigation.
A Further Absence of Disclosure.
No railway companies' rate books show the amounts which will be allowed to a trader or carrier who performs his own cartage of goods carried at " collected and delivered " rates : nothing of this nature is shown on their quotations of rates to the public. Honesty is evidently not always the best policy, for voluntary disbursements of sums due under this head arepractically unknown, and it looks as though a railway company's code of honour on these points made subservient to its desires. Is it not high time that this pernicious practice was checked, if not stopped, in the interests of the trade of the country?
:The-contention is sound that, whilst some members of the public may be glad to avail themselves of the cartage services Of the railway companies, the railway companies are, in collecting, and delivering from "door to door," performing ffinctions that were not contemplated in the early Acts which govern, railways, and that, therefore, in view of the fact that the trend of events has led for man's:, years in the directient of the provision by the majority of large firms of their own teams for the performance of cartage, there should be at least equality, if not a preference, for, the independent carters,, rather than the existing preference for railway companies or their agents. The only grievance inflicted on the railway companies, by the alteration of their " collected and delivered " rates to " station to station " rates, is to place them where they were in the beginning—and that is their right sphere.
This subject is really a simple one, but, like many others, it becomes complex in its relations to other matters. The main point is the important principle involved as to whether railways have the right to usurp the functions of town carters. Grant them that, and competition is destroyed, quite apart from the question of their ability properly to perform cartage in every instance. Railway companies' deliveries, as a whole, are poor enough now, and it makes one shudder to contemplate the probable state of -things if it were possible for them to acquire the whole of their collections and deliveries. The warning note has, however, been struck in the case under notice, and there is ample proof that there is no exaggeration in the statement of the railway companies' desires, which then became more fully evident.
The independent carter must riot be ousted : we cannot do without him, Traders should maintain their undoubted right to ..art, or to have carted for them, their own goods to or from stations, independently of the offices of the railway companies, and above all should wage war against the " collected and delivered " rates which affect their traffic, by demanding reasonable " station to station " rates; as an alternative, in order to establish their right to tart. Trade, day by day, is becoming more difficult of retention, and there are potentialities iri these railway charges which large firms are beginning to see : they are asking, with expressions of wonderment, why they have not noticed the•anornalies and discrepancies before.
The motor lorry carries goods in larger quantities, and much more quickly, point to point, than does the horse lorry : this tends to cheapen cost of output, and means more business to the man who studies the details of his daily work, and genius has. been said to be regard for -detail.. A free hand is therefore an absolute essential, and no trader should be bound by a cast-iron system of railway companies' cartage charges, or cartage rebates, which may deprive the motor account of a portion of its true credits. Our railways, as railways, are certainly an essential, and we admire them for some things, while decrying .them for others; but, above all, we maintain that they must not exceed their natural functions in any degree whereby they will injure other businesses. An important point to be remembered is that railway companies, in their carriage, collection and, delivery, shield themselves from liability for damage, misdelivery, and disclosure of customers, behind a sheaf of by-laws and an immensely strong combination in the matter of claims : the independent carrier has his one business, recognises his liabilities, and is better able to safeguard the interests of his customers. Railway combinations and pools are the order of the day : the trader should decide to exercise on them, at least, a restraining influence outside their station gates.