The topic which has been assigned to me is brief, but very large:

"Railroads and the Public." It suggests nothing of humor, but

everything of gravity and involves considerations which affect the

prosperity of our whole people. The railroads, often berated in

legislatures and in congresses as leechlike and piratical, are, after

all, vital to the happiness of our people and to the progress of

our industries and commerce. The people are apt to forget that they

have been the greatest factors--I say the _greatest_ factors--in the

development of our resources and the enlargement of our commerce,

both in times of war and in times of peace. If one would stop

to think of what would have happened if, during the war for the

preservation of the Union, we had been without railroads, ready

and willing to serve the government upon its demand and at prices

fixed by it, how long would the war have continued? And what might

not have been its result? They carried troops from the North to the

places of rendezvous in the fields; they enabled the government

to transfer quickly from the East to the West, or the West to the

East, as emergency demanded, troops essential to successful military

operations. They carried munitions of war, they carried the mail

to our soldiers, they carried food and raiment to those who were

fighting under our flag.

And in time of peace, what would this country have been without the

railroads? The railroad has been the advance courier of progress, of

settlement, of production, of commerce. It is absolutely, and has

been, indispensable to the government, to the commerce and to the

happiness and comfort of our people. Its mission is not performed or

fulfilled. Considered solely with reference to construction, there

are new fields to be penetrated by them. Today men of courage and men

of means are building railways with characteristic American energy

in far off Alaska, to bring the gold mines and the coal mines and

the timber and the unknown resources of that distant territory into

the markets of the United States. If there is one instrumentality

which above another has been a factor, appreciable by all thoughtful

men, in making this country what it is, it is the railroad. And the

railroad has kept abreast with the demands of commerce. Every device

which ingenuity or invention has presented has been promptly adopted

by the railway companies of the country. They have kept abreast of

invention and improvement, until today the railway system of the

United States is the most luxurious, the safest, the best managed

railway system under the bending sky.

The first thing that would occur to one from this toast, the

railroads being first mentioned, is what do the railroad companies

owe to the public? That is easily defined. They owe it to the public

to furnish safe roadbeds and equipment; they owe it to the public

to furnish prompt service; they owe it to the public to treat all

men, with obvious limitations, passengers and shippers under the

same circumstances, equally and without unjust discrimination, and

they owe to the public the duty of, as far as it is possible, so

maintaining their roads and their equipment as to be able to meet

in a fair way all the demands of commerce and traffic at reasonable

rates. That excludes the rebate which never had any justification in

logic or in fair play. I think those who hated it most were those who

felt obliged to adopt it. When one railway company gave rebates it

is quite manifest that the competitor was obliged to, or go out of

business. And I believe that railway companies of the United States

were glad, and their officers were glad, when it was made a penal

offense for railway companies to give rebates. I think a railway

company owes to the public to be careful in the selection of its

employes; they should be capable, of course, and they should not

only be capable, but they should be courteous and polite. To sum it

up, you would say that what the railway in the enlarged sense--which

includes details--owes to the public is just and fair treatment.

What does the public owe to the railway companies? Precisely, as

I view it, the same thing, just and fair treatment. Only that and

nothing more. Everybody knows that the railway companies of the

United States--I won't put it that way--that the railway system

of the United States never could have been created without the

utilization of corporate entities. Partnerships never could have

concentrated the capital necessary to that end. Only corporations

could have achieved it. That was true in the past and it always

will be true. Now, why is the railway company different from other

corporations, most other corporations? One trouble with the general

public is that they don't seem to understand--and they are not

perhaps to be chided for it--their relation to the railway company.

They think, and they are told, they have been told it in Congress,

and they have been told it where one would least have expected it,

that railway corporations are public corporations, and they have

been taught to believe that their power over public corporations was

supreme, which is not far from the truth; but the railway corporation

is not a public corporation. The Supreme Court has many times decided

that a railway company is a private corporation, that its property

is private property, under the protection and safeguards of the

Constitution of the United States against the public as well as

against individuals who attack it. Then, wherein lies the difference

between a private corporation engaged in manufacture and a railway

corporation? Right here: A railway corporation can not construct its

railway without being clothed with a power which is not given to the

usual private corporation, a power which inheres in the sovereignty

of the state, the ultimate power of the people delegated to the

railway corporations and very few others, and that is the power to

take your land without your will at a price fixed not by you but by a

jury. Why? Because it is for the public use, and private interest and

private sentiment can not be permitted to obstruct the interest of

the state, and therefore the property of a railway company while it

is private property is, as the Supreme Court of the United States has

said, affected with the public interest.

A railway company serves the public, that is what it is organized

to do. Those who apply for the corporate franchises do not apply

for an altruistic purpose. They wish it because they think they can

make profit out of it, and that is legitimate, but the state grants

it for the public use. And so it comes about that the state has the

power to regulate it. Mark what I say, to regulate it, to prevent it

from exacting extortionate rates from the people; to prevent it from

putting upon the people abuses in its management, but that does not

mean that the state may take its property. That does not mean that

the state may take its management out of the hands of its owners.

It means simply that the state may protect the public from any

abdication by it or violation by it of its duty as a common carrier,

and this principle is too often forgotten.

In these days regulation has apparently achieved a wider field for

operation, and is deemed to be broad enough to regulate not only the

property and the management of the property, but the management of

everybody connected with it. That won't do. Why, I see it is stated

in the report of your Business Association that commissions which

have been organized by the states and the Commission organized under

the act of Congress, have come to stay. Of course they have come--we

know that, and we know another thing, that whenever a governmental

commission comes, it stays. The commissions in the states, most

of the states--God knows I wish I could say all the states, but

I can not truthfully--have subserved a useful purpose. The state

lays down the rule and the commission administers the law. There

is one thing about a commission in the regulation under the law of

railway carriers which places it in respect of proprietary, fairness

and fitness for that function, far above Congress or any other

legislative body, and that is this: That they have time to listen,

to investigate, to get at the truth, which a legislative body does

not have time to do in the very nature of things. I do not know, but

I think nothing added more to the reputation of Governor Charles E.

Hughes, of New York, than the fact that he refused to sign a bill,

but vetoed it, reducing the rates which railway companies might

charge, upon the ground that there had been no investigation which

enabled fair judgment as to what was fair treatment to the railway

corporations.

I was in public life a good many years and I am a firm believer in

the sober second thought of the American people, for it represents

the average judgment of every class of our people; but they get

wrong, they get wrong about men, and they get wrong about policies

and measures. They are subject, en masse, as men are individually,

to moments of passion and excitement, and they know it. As Mr.

Webster said, and as the Supreme Court of the United States has said,

the fundamental object of a constitution adopted by the people is

that they may protect themselves against themselves in moments of

excitement and passion. And the American people will always give heed

to the popular translation of the phrase, "Due process of law," that

is, hear before you strike.

Now the Commission, the Interstate Commerce Commission, was intended

by the Congress which created it to be an absolutely independent

body. It was to report to the Congress, it was not to be subject to

the command of either House of Congress, or of the Executive of

the United States. It was intended to be a quasi-judicial body. I

know all of its members, and I do not depreciate to the slightest

extent the services which it has rendered. The only criticism I

would have of it, and that does not arise from its membership, but

it is inherent in the system, is that it is never satisfied with the

powers it has got. It is as insatiable as death for power. It has

been proposed that they shall have the power to regulate the issue

of stocks and bonds by railway corporations created by the states,

that is, if the state which creates the railway company authorizes

it, desiring it to utilize its privileges for the construction of

a new railroad, to issue stock, or issue bonds, that it shall not

be permitted to do that thing until the act of the legislature and

the approval of the governor shall have been supplemented by the

approval of the Interstate Commerce Commission. Now I am getting

along in years, and I am a little old-fashioned, and I have not yet

been able to satisfy myself that where one government creates a stock

corporation, another government shall regulate the amount of its

capital stock and its bonded indebtedness.

I have seen it proposed lately that the Commission should have

the power to fix a rate, and that that rate should be final until

a final judgment setting it aside was reached. What becomes of

the constitution under such a law as that? A railway company, as

I have said, owns its property. It renders a compulsory service

to the public over its own property, with its own equipment, with

its own employes, and at its own risk, and is entitled to a fair

compensation, based upon the fair value of the property which it

devotes to the public convenience, and the Supreme Court has held

that that property can not be taken--because the use of property

is the property--can not be taken for the public use without just

compensation, and if the state, the legislature, or the Congress may

authorize a commission to fix a rate as reasonable and fair, beyond

which the railway company may not charge for services it renders, and

require it to observe that rate until the final adjudication as to

whether the rate is reasonable or not, and after the lapse of months

it is decided that it was unreasonable, how can the railway company

recover the great sum in unreasonable rates which it had lost? It

is a taking of a private property for a public use without just

compensation, and I deny the constitutional power of Congress to do

that thing. I admit the power, and the exercise of it to the fullest

extent to so far regulate railway corporations as to secure to the

public a faithful discharge of all their duties to the public at

reasonable rates, and under fair regulations; beyond that I believe

that the owners of the property ought to be permitted to manage the

property.

The business of railway management has become one of the learned

professions. It calls for some of the brightest intellects in the

country. It calls for the exercise of powers which, if devoted to

the law or to finance or to any other business, would place those

who exercise it among those at the head. It is one of infinite

complication, and it is not to be supposed that railway commissions

can manage railway properties as well as the men who have been

trained from boyhood to that business. I have never questioned that

the Interstate Commerce Commission, the Commission in Wisconsin, and

other commissions, earnestly set out to do the just and fair thing,

but the trouble with this whole question is, and has been through

many a year, that it gets too often into politics. I do not believe

myself that questions of business ever ought to find their way into

the political platform of the party, any more than I believe that the

relations of the employer to the employe, whatever the business may

be, ought to become the football of party politics.

This Association was born out of a happy inspiration. I think these

troublesome problems are approaching solution. The railway companies

must obey the law. The people ought to see to it that the law which

the railway corporations are obliged to obey is a just law, and that

is to be ascertained only on painstaking inquiry, and not through

the speeches of enthusiastic orators or on the floors of Congress.

It has got to be at times that where there was no other issue upon

which a political contest could be fought out, the easy, obvious and

last resort was "let us go for the railroads," or, as a Governor of

Minnesota once expressed it, "Let's shake the railroads over hell."

The truth is that the interest of the railroads is the interest of

the people. The railroad company is dependent upon the people for its

life and its sustenance, and the people are no less dependent upon

the railway company, and between the two there should be even-handed

justice. They should be dealt with calmly, and legislation should

only follow deliberation and investigation, and a law once enacted

should be impersonally enforced, not enforced against some and left

to fall into innocuous desuetude as to others.

RAILROAD PROBLEMS OF TODAY

BY J. B. THAYER,

Vice-President Pennsylvania Railroad Company.

Address delivered before the Traffic Club of New York, Saturday

Evening, February 16, 1909.

Problems--both many and varied--have always confronted the railway

manager. Particular problems come to the front from time to time that

tax all of our resources. They differ with different periods of our

history. Today one of the most serious depends more for its solution

upon our lawmaking bodies, both State and national, than upon the

railroad men, and for the present, at least, we must feel like the

old Arkansas darky, who said he was "in the hands of an all-wise and

unscrupulous Providence."

In the early days of railroads the chief problem was that of

construction and equipment; later, when more railroads had been built

than there was traffic to feed, there came the traffic problem, and

all the abuses which followed in its train. These, in turn, led

to the legislative problem accompanied by the Interstate Commerce

Law of 1887, and through the '90s all sorts of problems--including

bankruptcy for many. Now, within the past few years has come the

great problem of enlargement--the construction period again, but in

a different shape. Not experimental, for we had learned how to build

and how to equip; not the building so much into new country, but to

take care of the traffic which was overflowing our rails.

Events of the past year have proved the absolute necessity for

almost all the large railroads in this country to enlarge their

trackage, their terminals, and their equipment; and yet, here again,

when in considering where to obtain the necessary funds for such

purposes,--which must, of course, come from the public,--the railroad

managers find themselves confronted with great difficulties. This,

of course, is largely due to the tremendous demands for capital,

in the development that is going on in all parts of the world, but

it is increased, at the moment, by the natural timidity of capital

to invest its funds in railroad securities, in view of the violent

attacks that are being made against corporations through Congress and

the State legislatures.

POPULAR HOSTILITY TO THE RAILROADS.

This brings us, then, to our greatest and most perplexing

problem--that of how to restore a state of reciprocal understanding

and fairness between the carriers and the public. Many railroad

officials believe that so deep-seated is the apparent hostility

of the people that the management of the railways will be taken

practically out of the hands of their owners, and that great

disasters are to follow. I do not share this view, principally for

the reason that whatever may have been the faults in the past, the

methods and practices of railroad management are now based upon a

decent regard for their public responsibilities. Sooner or later the

people will recognize this--as I believe they are already beginning

to do. But by no means can we minimize the actual situation of today.

It is, indeed, a time of great anxiety to all those entrusted with

railroad management, and who have the interests of their country at

heart as well.

With the old rebates and secret discriminations things of the

past, with all kinds of business in a most prosperous condition,

we all know that within the past three years, suddenly, out of an

almost cloudless sky, there has burst forth upon the railroads of

this country a torrent of the most bitter and violent attacks--by

political orators upon the stump; in magazines and newspapers; in

Congress and State legislatures. It is fair to say, I think, that

this onslaught had its origin in the agitation of 1904 for changes

in the Interstate Commerce law. It was based upon a misunderstanding

of existing railroad conditions and the position of the railroad in

regard to the points at issue, which I shall presently explain.

Following the agitation surrounding the passage of the rate bill has

come a swarm of bills in Congress and State legislatures, which, if

they become laws, and are enforced, will prove disastrous to the

railroads, and, equally so, to the public at large. The question is,

What is to be done to prevent it? The old method of influence has

been abandoned, and, I hope, forever. Has it left us unequipped to

meet the issue? To answer this question let us get a perspective.

RAILROADS NOT BLAMELESS.

We must not imagine, to begin with, that we are entirely blameless.

We are in some respects only realizing the wages of past sins. We

have done many of "those things which we ought not to have done,"

and we have left undone many of "those things we ought to have done."

Most of the evils date back many years and many of them might have

been prevented had the government done its duty and enforced the

law. Yet even in most recent years we can find some mistakes with

which to concern ourselves. It is not strange that many men who have

suffered loss through delays in their traffic, or in their personal

transportation, or who saw themselves deprived of profitable business

because they could not secure cars, should have become exasperated

and, not having time to properly analyze the difficulty, thought that

the railroads were lacking in foresight and management.

But let us go back a few years. It is a great mistake to hold the

railroads responsible for such practices as rebating in those days,

when it would have been impossible to throw a stone in a commercial

community without hitting somebody who was taking rebates and

wanting more. Many men are today running for office on anti-railroad

platforms who if you were to say "Rebates" would duck their heads

very much as David Harum said his Newport friends would do if he

called out "Low bridge!" That rebates were wrong nobody questions,

but to pillory a man today for accepting rebates at that time is a

farce.

Many persons believe that the so-called discriminations, resulting

in the secret arrangements, were largely influenced by the desire

upon the part of railroad officials to favor one man against another,

but no thoughtful man who has at all studied the problem believes

this. Rebates and other forms of discrimination,--whatever may have

been the result in specific instances,--had their origin mainly in

the competition between carriers for the traffic. Incidentally, in

transacting railroad business through secret arrangements, as became

the custom in that period, there were many cases of discrimination in

favor of the strong and against the weak.

There was a strong feeling upon the part of many men, both in and

out of railway service, that the larger shipper, under the ordinary

rules of business, was entitled to a lower rate, and they could

not conceive the real principle which should govern the making of

railroad rates,--which, however, has come clearly to be realized

since that time. The railroad systems, generally, were not more

anxious to pay rebates than they were to pay higher prices for their

supplies, and simply pursued the course of their competitors because,

otherwise, they saw nothing but loss and probable bankruptcy staring

them in the face. The railroads were forbidden by law to meet and

make formal agreements for the maintenance of rates, and by another

law were required to compete. We all thought that the old plan _was_

competition.

Had the Government, through its Interstate Commerce Commission,

vigorously undertaken to enforce the law--passing if necessary,

long before it did, the Elkins Act--I think we should have seen a

correction of these abuses long before the reform came; but, as a

matter of fact, neither the Government authorities nor many of those

managing the railroads had yet reached a clear conception of the

significance of the abuses which existed and of the proper legal

method of uprooting those evils.

GETTING AWAY FROM OLD ABUSES.

Upon the resumption of business activity, in 1898 and 1899, and,

later, following the passage of the Elkins Act, the opportunity was

presented,--and in general accepted by the railroads,--to get away

from the old methods. While since then there have been some cases of

violation of the law, in the matter of secret arrangements, yet I

think that, at least within the last four or five years, it is safe

to say that they have been of small importance, and perhaps, in many

of the cases--while a technical violation of the law--were actually

not discriminations. I say this advisedly, so far as the eastern

situation is concerned, because I know that the Pennsylvania Railroad

Company has not paid a rebate for years, and it is fair to believe

that as that company held its traffic,--in fact, largely increased

it,--without the necessity for such arrangements, its competitors

must have to a large extent pursued the same policy.

The Railway Library, 1909 A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year · 第 19 / 39 段