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While the Depression which swept America in 1929 was a national disaster, it did not hit all segments of society equally, In America, poverty and starvation are also discriminatory. To quote the old adage again, "The Negro is the last to be hired and the first to be fired."
Besides fixing prices, limiting outputs, cornering the market, contracting in restraint of trade, and acting or contracting with the purpose of gaining a monopoly all of which were objectionable at common law we have legislated in some States against the securing of discriminatory railway rates for the purpose of establishing a monopoly, and against what we have termed "unfair competition" that being generally defined to be the making of an artificially low price in a certain locality for the purpose of destroying a competitor, or the making of exclusive contracts; that is to say, refusing to deal with a person unless he binds himself not to deal with anybody else.
Four years later the industry had shrunk one-half; and it has never recovered its early importance * * In 1882, the tonnage amounted to 193,459; in 1866, to 89,336. The coastwise merchant trade, on the other hand, has been jealously guarded against competition and otherwise fostered ever since 1789, when the first discriminatory tonnage tax was enforced.
I urge the prompt enactment by the Congress of the legislation now before it to extend and broaden the existing displaced persons law and remove its discriminatory features. The measures I am recommending to the Congress concerning both our foreign and our domestic policies represent a carefully considered program to meet our national needs.
The discretion granted to the Executive by the terms "unduly discriminatory" is wide.
What all of these factors were is not a matter of public knowledge. At least one of them came to light when, on December 4, 1907, D. R. Anthony, a representative in Congress from Kansas, supplied evidence to Postmaster-General Meyer that the house of Marshall Field & Co. had enjoyed, and still had, the privilege of secret discriminatory express rates in the shipment of goods.
It is doubtful whether in some of the states the authorities believed that there were any discriminatory laws; they probably overlooked some of the free Negro legislation already on the statute books. In Alabama, for example, General Wager Swayne, the head of the Freedmen's Bureau, reported that all such laws had either been dropped by the legislature or had been vetoed by the governor.
Neither producers, shippers, merchants nor consumers have any slightest interest in the national allegiance of the carriers of their freight, except such as may artificially be induced by discriminatory shipping regulations.
Suppose, then, for a moment, that there is an all-round inferior race; a Modern Utopia is under the hard logic of life, and it would have to exterminate such a race as quickly as it could. On the whole, the Fijian device seems the least cruel. That extinction need never be discriminatory.
The advantages secured by the adjustment of our trade relations under this law have continued during the last year, and some additional cases of discriminatory treatment of which we had reason to complain have been removed. The Department of State has for the first time in the history of this country obtained substantial most-favored-nation treatment from all the countries of the world.
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