But not alone in reference to freight rates was there more or

less complicity in evil between the people and the railroads, but

let me ask you to consider, for a moment, the question of free

transportation, or passes,--whether political or business. It is

only within the last year or two that the public conscience has been

awakened on this subject. It is true, the railroads have been abused

for several years by those who did not enjoy such favors, but is the

railroad more responsible for the conditions that existed than the

Government of the people, either in the National Congress or in the

State legislatures, and how could it be expected that the legislators

in one State could feel that they were doing very wrong in accepting

passes, when the legislators of another State enjoyed them by law of

the State? How could members of Congress be criticised for accepting

such privileges, or the railroads for extending them, when the

Presidents of the United States and member of their cabinets, and

other important officers of the Government not only accepted them,

but practically exacted them, and, further, expected that private

cars and private trains should be furnished without charge? Upon

one occasion within the past two years I called upon the Interstate

Commerce Commission to ask its assistance in eliminating the pass

abuse, and was very frankly told that it could make no move, nor

take any interest in the subject, in view of the fact that important

public officials including Senators and the members of Congress

felt that it was not improper for them to accept them. Out of this

situation grew a large part of the pass abuse, because, following the

national government and the legislatures, the large men of business

felt that they could properly accept similar privileges.

Therefore, I repeat, that while there were great abuses--especially

during the period referred to--embittering a large portion of

people, yet the railroads were no more responsible than the people

themselves; and yet, without doubt it was during this period that the

foundation was laid for the feeling of the present day.

RAILWAYS WELCOME JUST REGULATION.

But, as I stated, we were forced to bear the brunt of our past

sins--and more--in the campaign for increasing the powers of the

Interstate Commerce Commission. Do not misunderstand me. Many

thoughtful railroad men believed always, in the value, both to

the railroads and the public, of an interstate law, and, further,

considered it wise to strengthen the power of the Commission.

The distinction, however, between what railroad men did and did

not believe in, is very clear. We felt and we feel now that the

government is perfectly justified in regulating railroad practices

to the extent of preventing discriminations. Indeed, the government

should act as a sort of policeman to see to it that the weak and the

helpless are protected. If reasonably administered, the railroads

need the law. But the government should not have the right to

interfere with the proper play of the natural commercial forces of

the nation. The great distinction between police and commercial

powers should never be lost sight of.

The danger does not lie in the provisions of the new national

law. There is no substantial difference between its provisions

and those of the old law, except in respect to the powers of the

Commission. There was no necessity for the new law, so far as the

prevention of the old abuse of secret rates and discrimination was

concerned. The operation of this law does not involve any material

change in traffic operations of the railroads; the only danger is

as to how the Commission may exercise their power in influencing

reductions in rates, but even in that respect the railroads have

the right of appeal to the courts. It is from various other bills

being presented in Congress in which the immediate danger lies,

showing possible interference by the national government with the

operation of railroads, with respect to the hours of labor of its

employes, systems of signals, and other methods of operation, which

should properly be left to the railroads themselves. This threatened

interference of the federal government is having a powerful and

dangerous influence upon the legislatures of the various states, who

apparently are--in a slang term--"Seeing Congress and going them

five or six better"--in the bills for reduction of state rates, both

passenger and freight; for increase in taxation, and all sorts of

measures which tend to reduce the earnings and increase the expenses,

and hamper and delay the actual development necessary.

It was unfortunate that in the agitation and discussion following

the President's recommendations, until the present law was finally

adopted, there was a total misunderstanding upon the part of the

public at large as to this attitude of the railroads. It was most

unfortunate in that campaign that the principal point of contest

upon the part of the railroads was lost sight of--and that is--the

objection upon their part not to reasonable amendments to the law,

and not--if the people wanted it--to some increase of power to the

Commission, but to the attempt to make a commission of five or seven

men--in many respects a political body--the final arbiters as to the

rates and fares of the railroads.

DIFFICULTIES UNDER THE PRESENT LAW.

Yet even with the new law on the statute books, our traffic problems

are still with us. We are forbidden by law to make formal agreements

as to rates, yet it is universally recognized that in order to secure

an equitable adjustment of rates, it is absolutely necessary that the

traffic managers of the railroads shall confer frequently. It is well

known that such conferences are held and must be held to prevent

discriminations, yet no definite agreements can be made.

The present law stipulates that there shall be no discrimination by

railroads against persons or communities. Right here, however, the

railroads are face to face with a problem all their own, which is

a very serious one, and that is: How shall a particular railroad

prevent discrimination against a community on its own line by

some other railroad seeking to specially favor a community on its

line? Is it not absolutely essential that there should be both

an understanding and a virtual agreement on the part of the two

railroads concerned for the purpose of protecting both communities?

Cases of dispute between railroads as to proper rate adjustments

have, indeed, been referred to Interstate Commerce Commissioners

as arbitrators and their findings have been observed. This shows

how absolutely vital to all business is the necessity for that

co-operation which can only be secured by agreement and conference

between all interested parties. The President of the United States

recognized the necessity for this fact in his last annual message

and recommended that some legislation be passed which would permit

agreements between railroads as to rates.

We are thus in the presence of this ridiculous situation; that on the

one hand we are being threatened with prosecution by the Government

for violation of the Sherman Act in respect to methods which on the

other hand the President of the United States and the Interstate

Commerce Commissioners agree must be followed in order to properly

discharge our responsibility to the public--in other words, we are

"between the devil and the deep sea," or we are damned if we do, or

we are damned if we don't.

So much for the moment, for our national problem. As to State

regulation: while not believing--now that we have a national

law--that it is necessary or desirable for the public to establish

state commissions and special railroad laws, at the same time, if

the people desire such commissions, we have no right to look upon

such a demand as "anarchistic," but we feel that the working of such

commissions will be unsatisfactory to the business interests.

CONFIDENCE AND JUSTICE NEEDED.

These are but a few of our problems and difficulties. While I do

not wish to minimize the dangers of the present situation, while I

recognize that it is now to some extent, by adding to the timidity of

investors, retarding our ability to secure funds necessary to make

extensions and buy equipment required for the ever-increasing traffic

of the country, and if continued will make it impossible, yet I am

firmly of the opinion that the good sense of the people will prevail

and the unjust attacks cease. Confidence of investors both here and

abroad is needed to furnish funds, and, if this is seriously shaken,

the prosperity of the railroads, which are the keystone of the arch

of business, will be destroyed.

To avoid these dangers a regime of confidence and fairness on the

part of the public toward the railroads must be restored, and to

accomplish this we must place our case, as it were, before the

legislators and the people and make clear our difficulties and the

complications which beset us. Few, after all, understand the railroad

problem, and we have not made it plain to the people, either because

it was the fashion not to do so, or because we could not realize that

things simple to us were not understood by the public. We must not

stop at one statement, but discourse upon and elucidate every subject

which the public misunderstands.

Let us be frank and take the public into our confidence as fully

as is consistent with the proper conduct of our business. Let

us approach the subject with the feeling that the railroads are

not absolutely perfect, that we have to some extent brought this

condition of affairs upon ourselves, and that we should govern

ourselves in the future accordingly. Let us undertake to go frankly

before the people and present the actual facts in connection with our

affairs.

THE PENNSYLVANIA AS AN ILLUSTRATION.

Let me illustrate: The Pennsylvania Legislature is in session.

Numerous bills have been presented, of a most radical nature. It

is our purpose to appear before every committee that will hear us,

and tell our side of the story. I doubt very much if the average

legislator--and certainly not the average citizen--understands

whom he is injuring in unjust acts towards the railroads. Take our

company, for example. It is not a small group of rich capitalists;

it is not Mr. McCrea and myself and a few others; the Pennsylvania

Railroad is owned by more than 50,000 people, 30 per cent of whom

live in Pennsylvania. Forty-seven per cent of our shareholders are

women; and in many cases the dividend is their only source of

income. Then there are thousands of bondholders; beyond them are

nearly 100,000 employes in the State of Pennsylvania dependent upon

the prosperity of the Pennsylvania Railroad for their livelihood.

Therefore, by the usual computation, it is safe to say that

approximately half a million people--men, women and children--are

actually dependent upon the welfare of this company in the State of

Pennsylvania alone.

Upon the Pennsylvania Railroad's prosperity depends the prosperity of

the other lines in its system, and including the employes of these

lines, there are 200,000 men, who, with their families, constitute an

army of a million or more. Behind them, again, are the thousands of

men, with their families, who produce the coal and other materials

which the railroads use. Anything that cripples the railroads injures

every one of these people.

When we make these and other facts plain, I cannot but feel that

no injustice will be done. In the meantime, let us keep our minds

well balanced, and not allow ourselves to believe that chaos is

coming; let us meet the issue fairly and squarely and frankly. While,

therefore, necessary for the present, at least, to suspend many

improvements, let us keep our courage, trusting to the ultimate good

sense of the lawmakers and the people for that sympathy and support

to which we feel that we are entitled.

THE RELATION OF RAILROADS TO THE STATE.

BY W. M. ACWORTH, M. A.

Delivered before the British Association at Dublin, Ireland,

September 2, 1908.

I propose to treat the subject in two aspects; first, the history in

outline of the relations between railroads and the state in different

countries, and, second, the question of the factors which are of

primary importance in any consideration of the matter.

Ever since the year 1830, when the dramatic success of the Liverpool

& Manchester Railway first revealed to a generation less accustomed

than our own to revolutionary advances in material efficiency the

startling improvements in transport that railroads were about to

effect, theorists have discussed the question whether state or

private ownership of railroads be in the abstract the more desirable.

But it is safe to say that in no country has the practical question,

"Shall the state own or not own the railroads?" been decided on

abstract considerations. The dominant considerations have always been

the historical, political and economic position of the particular

country at the time when the question came up in concrete shape for

decision.

BELGIUM.

The Belgian railroads have belonged to the state from the outset,

because they were constructed just after Belgium separated from

Holland, and (the available private capital being in Holland and

not in Belgium) King Leopold and his Ministers felt that, if the

railroads were in private hands, that would mean in Dutch hands,

and the newly acquired independence of Belgium would be thereby

jeopardized. Within the last few years this history has repeated

itself, and the fact that the bulk of the Swiss railroad capital was

held in France and Germany was one main reason, if not _the_ main

reason, which induced the Swiss people to nationalize their railroads.

GERMANY.

In Germany 70 years ago the smaller states were regarded as the

personal property of their respective Sovereigns, almost as

definitely as Sutherlandshire is the property of the Duke of

Sutherland. And it was therefore as natural that the Dukes of

Oldenburg or Mecklenburg should make railroads for the development of

their estates as that the Duke of Sutherland should build a railroad

in Sutherland.

AUSTRALASIA.

Take, again, Australasia. In that region the whole of the railroads,

with negligible exceptions, now belong to the different state

governments, and the public sentiment that railroads ought to be

public property is today so strong that it is impossible to imagine

any serious development of private lines. But at the outset the

traditional English preference for private enterprise was just

as strong there as it was at home, and it was only the fact that

the whole of the available private capital was absorbed in the

development of the gold fields and that, therefore, if railroads were

to be built at all, public credit must be pledged and English capital

must be obtained, that caused the state to go into the railroad

business.

ITALY.

Take, once more, the case of Italy. In the days when Italy was only a

geographical expression, the various Italian states experimented with

railroad management of all sorts and kinds. When, after 1870, Italy

was unified, it was necessary to adopt a national railroad policy,

and the Italian government instituted an inquiry whose exhaustiveness

has not since been approached. The force of circumstances has indeed

already compelled the government to acquire the ownership of the

railroads, but the Commission reported that it was not desirable

that the government should work them. The railroads were accordingly

leased for a period of 60 years, running from 1884, to three

operating companies, and it was provided that the leases might be

broken at the end of the 20th or the 40th year. From the very outset

a condition of things developed which had not been contemplated when

the leases were granted, and for which the leases made no provision.

Constant disputes took place between the government and their

lessees. Capital for extensions and improvements was urgently needed;

neither party was bound to find it; and agreement for finding it on

terms mutually acceptable was impossible of attainment. In the end

the government has been forced to cut the knot, to break the lease at

the end of the first 20 years' period, and for the last two years the

Italian government has operated its own railroads. But it is safe to

say that an _a priori_ preference for state management over private

management played but scant part in the ultimate decision.

GENERAL INCREASE OF STATE CONTROL.

It is impossible to review, even in the merest outline, the railroad

history of all the countries in the world, but the instances already

given will serve to illustrate my proposition that the position in

each country depends not on abstract considerations, but on the

practical facts of the local situation. Yet one cannot look round

the world and fail to recognize that the connection between the

railroads and the state is everywhere becoming more intimate year by

year. Whatever have been the causes, the fact remains that Italy and

Switzerland have converted their railroads from private to public. In

Germany the few remaining private lines are becoming still fewer. In

Belgium the process is practically completed. In Austria it is moving

steadily in the same direction; four-fifths of the total mileage is

now operated by the state. In Russia the story would have been the

same, had it not been for the war with Japan. Even in France, whose

railroads have a very definite local and national history of their

own, an act for the purchase of the Western Railway by the state was

passed last year by the Chamber of Deputies, and has now, after much

contention, been passed by the Senate within the last few weeks. But

it is not without interest to note that, though a majority both of

deputies and of senators supported the bill, the representatives of

the district served by the company were by a large majority opposed

to it, while the commercial community of the whole of France, as

represented by the Chambers of Commerce, were almost unanimously

hostile.[I] So far as can be seen at present, the purchase of the

Western Railway by the state is not likely to be made a precedent

for the general nationalization of the French railroads. Still, the

broad fact remains that a series of railroad maps of the continent

of Europe, constructed at intervals of ten years, would undoubtedly

show an ever-increasing proportion of state lines, and that the last

of the series would exhibit the private lines as very far below the

state lines both in extent and in volume of traffic.

A word ought to be said of Holland, not only because Holland is a

country with free institutions like our own, but because the railroad

position of Holland is unique. The railroads of that country were

built partly by the state and partly by private enterprise, but the

working has always been wholly in private hands. Some ten years

ago, however, the Dutch government bought up the private lines and

rearranged the whole system. The main lines of the country are now

leased to two operating companies, so organized that each company

has access to every important town, and railroad competition is now

practically ubiquitous throughout Holland. So far there are no signs

that the Dutch people are otherwise than satisfied with their system.

Now compare this with France. The French government, though it has

hitherto, except on the comparatively unimportant state railroads in

the southwest of the country, stood aloof from the actual operation,

has always kept entire control of railroad construction and of the

allocation of new lines between the several companies. And the French

government has proceeded on a principle diametrically opposed to

the Dutch principle. In France railroad competition has, as far as

possible, been definitely excluded, and the various systems have

been made to meet, not, as in Holland, at the great towns, but at

the points where the competitive traffic was, as near as might

be, a negligible quantity. Now that questions of competition and

combination are to the fore in England, and seem likely to give

very practical occupation to Parliament in the session of 1909, the

precedents on both sides are perhaps not without interest.

AMERICA.

When we turn from the continent of Europe to the continent of America

the position of affairs is startlingly dissimilar. The railroads of

America far surpass in length those of the continent of Europe, while

in capital expenditure they are equal. State ownership and operation

of railroads on the continent of America is as much the exception

as it is the rule in Europe. In Canada there is one comparatively

important state railroad, the Intercolonial, about 1,500 miles in

length. Though its earnings are quite considerable--about £20 per

mile per week--it barely pays working expenses. I may add that in

all the voluminous literature of the subject I have never seen this

line cited as an example of the benefits of state management. There

is another small line, in Prince Edward Island, which is worked at a

loss; and a third, the Temiskaming & Northern Ontario Railway, owned

not by the Dominion but by the Provincial government, which is too

new to afford any ground for conclusions.

The Federal government of the United States has never owned a

railroad, though some of the individual states did own, and in

some cases also work, railroads in very early days. They all burnt

their fingers badly. But the story is so old a one that it would be

unreasonable to found any argument on it today.

In Mexico, of which I shall have more to say directly, the state

owns no railroads. As for Central America, Costa Rica and Honduras

have some petty lines, which are worked at a loss. Guatemala had a

railroad till 1904, when it was transferred to a private company.

Nicaragua has also leased its lines. Colombia owns and works at a

profit, all of which is said to be devoted to betterment, 24 miles of

line.

In South America, Peru and Argentina own, as far as I am aware, no

railroads. The Chilian government owns about 1,600 miles out of the

3,000 miles in the country. Needless to say private capital has

secured the most profitable lines. The government railroad receipts

hardly cover the working expenses. The Brazilian government formerly

owned a considerable proportion of its railroad network of nearly

11,000 miles. Financial straits forced it some years ago to dispose

of a large part to private companies, to the apparent advantage at

once of the taxpayer, the shareholder and the railroad customer.

About 1,800 miles of line are still operated by the government, the

receipts of which, roughly speaking, do a little more than balance

working expenses. But it may be broadly said that the present

Brazilian policy is adverse to state ownership and in favor of the

development of the railroad system by private enterprise.

THE UNITED STATES SITUATION.

The question of public ownership and operation was, however, raised

very definitely in the United States only two years ago, when

Mr. Bryan made a speech stating that his European experience had

convinced him that it was desirable to nationalize the railroads of

the United States. For many weeks after, Mr. Bryan's pronouncement

was discussed in every newspaper and on every platform, from Maine

to California. Practically, Mr. Bryan found no followers, and today,

though he is the accepted candidate of the Democratic party for the

Presidency, the subject has been tacitly shelved. To some extent

this may have been due to the ludicrous impossibility, if I may

say so with all respect for a possible President, of Mr. Bryan's

proposals. In order, presumably, not to offend his own Democratic

party, the traditional upholders of the rights of the several states,

he seriously suggested that the Federal government should work the

trunk lines, and the respective state governments the branches. Even

if anybody knew in every case what is a trunk line and what is a

branch, the result would be to create an organism about as useful for

practical purposes as would be a human body in which the spinal cord

was severed from the brain. Mr. Bryan's proposal was never discussed

in detail: public sentiment throughout the Union was unexpectedly

unanimous against it, and it is safe to say that the nationalization

of the railroads of the United States is not in sight at present.

The Railway Library, 1909 A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year · 第 20 / 39 段