at the former's old customers would soon find relief
at a rival store, while the patrons of the railroad at non-competitive
points are like the traveler in the hands of a highwayman, without
immediate redress. The railway company which discriminates between
competitive and non-competitive points forgets that its line is a common
highway for all points tributary to it; that all have equal rights, and
that the only differences in tariff which the principles of the common
law permit are those which arise from a difference of service and cost.
All other differences that railroad companies may make are unjust
discriminations in violation of their charter and expose them to a
forfeiture of the franchises conferred upon them.

The nature and extent of the discrimination practiced between different
places are often such that no interest of the company can possibly be
subserved by them, and the conclusion is forced upon us that the
advantages granted by railroad managers to certain places are designed
to serve chiefly personal and selfish interests. The great fortunes
amassed in a brief period of time by railroad managers can in almost
every case be traced to stock, real estate, commercial and other
speculations directly or indirectly connected with railroad
construction or management. And where other than personal interest
cannot be shown, this is the only basis upon which the many apparent
absurdities of railroad discrimination can be harmonized.

It is claimed by railroad men that transportation by water is a
regulator of railway rates which they must respect. It is contended, for
instance, that, although the cities situated on our large lakes enjoy
superior commercial advantages which are mainly due to their having at
their disposal water communication with the Atlantic Ocean, inland towns
have no cause to complain against the railroads for not equalizing those
differences which nature has largely created. It might be more difficult
to meet this argument if, owing to peculiar combinations, these water
rates were not made to extend their influence to almost every inland
city north, east and south in the Union, and if those cities were not
given much lower rates than hundreds of places much nearer the lakes.
The teamster who, half a century ago, found it impossible to compete
with the canal, river or lake boats, simply surrendered the field to
them and confined his operations to such a territory as could give him
assurance of