While the reduction in passenger rates has been comparatively small,

it must be remembered that the safety, speed, comfort, and service

have greatly improved. The marked reduction in freight rates has been

made possible only by a still greater and more remarkable reduction in

the cost of transportation. This has been effected by consolidation

of companies, by improvements in roadway, bridges, etc., and by the

introduction of heavier trains, with engines of greater power and cars

of greater capacity. This economy can be still further extended. The

reduction in rates has been much greater than that in the prices of

commodities. Rates for wheat and hay, for instance, have decreased 23

and 20 per cent more than the market prices, and the rate for shipping

anthracite coal to tidewater has decreased 50 per cent in the past ten

years, while the price of the coal has decreased only 10 per cent. The

average freight rate on the Pennsylvania Railway in 1898 was 0.536

cent per ton per mile, while the cost was 0.369 cent. The cheapness of

transportation in the United States is shown by the following figures

for 1898:—

Passengers carried one mile 13,000,000,000

Tons of freight carried one mile 95,000,000,000

Revenue from passenger service $26,000,000

Revenue from freight service $62,000,000

Distance railway carries 1 passenger to earn $1 profit 500 miles

Distance railway carries 1 ton to earn $1 profit 1530 miles

Average profit per passenger (including baggage) per mile 2-10 cent

Average profit per ton per mile 1-15 cent

The lowest passenger rates in the world are on the Indian railways. In

Europe the passenger rates average higher than in the United States,

though the accommodation is inferior.

Railway transportation has almost entirely superseded barge, canal,

and river transportation, except in special cases. This is due to the

greater speed, the greater efficiency of service, the greater carrying

capacity, and the extent to which spurs and branches are built to

enable cars to reach mills, factories, and other industrial plants. It

was for a long time held that the low rates of water transportation

exerted an influence in keeping railway rates down, but with the

present condition of the latter this no longer holds good as a general

proposition, especially for the limited capacity of barge canals.

The rates established for wheat and corn from Buffalo to New York by

rail in 1899 are about 0.23 and 0.18 cent per ton per mile, which is

but little above the canal rates, while rail shipments are much more

advantageous.

The railway system is a vast employer of labor, directly and

indirectly, and several million persons in the United States derive

their support from the various railway industries, without taking into

account such allied industries as rail mills, bridge works, locomotive

works, and car works, etc. The number of direct railway employees

(exclusive of the employees of terminal and sleeping-car companies,

fast freight lines, etc.) is over 820,000, or over 1.2 per cent of the

total population. A large proportion of these represent skilled labor

of a high degree of intelligence. France has about 1110 employees per

mile of railway, and 10 per cent of these are women. The figures for

the United States and Great Britain are as follows:—

-----------------------+-----------------+--------------------------

| United States | Great Britain

+--------+--------+--------+--------+--------

| 1890 | 1897 | 1857 | 1889 | 1895

-----------------------+--------+--------+--------+--------+--------

Miles of railway |163,597 | 184,428| 8,942| 19,943| 21,174

Number of employees |749,301 | 823,476| 109,660| 381,626| 465,412

Number of employees per| | | | |

100 miles | 479 | 449| 1,230| 1,900| 2,197

Number of employees per| | | | |

cent of population | 1.2 | 1.2| 0.4| 1.0| 1.2

-----------------------+--------+--------+--------+--------+--------

The railway service especially demands some better and more intimate

relation between the employers and employees than that of the

mere buying and selling of labor for a price. Both humanity and

self-interest have led several railways in this country and abroad to

establish relief departments, providing temporary financial aid in case

of accident or sickness, with other forms of benefits in addition, the

object being to induce men to continue permanently in the employ of the

road. Such associations have existed in England since 1850, in Canada

since 1873, and in the United States since 1880, when one was started

by the Baltimore & Ohio Railway. In 1896 there were six of these

associations in the United States, with an aggregate of about 125,000

members. The six railway systems owned 15 per cent of all the mileage

and had 20 per cent of all the railway employees in the country.

Before closing this review of railway development, brief reference may

be made to certain special classes of railways.

[Illustration: VIEW NEAR VERRUGAS, ON LINE OF OROYA RAILWAY, PERU.]

MOUNTAIN RAILWAYS.—These include lines either isolated or forming part

of main lines, having grades so steep as to require special means of

traction. They may be operated by (A) cables, (B) grip rails, or (C)

rack rails. Cables are used for many short lines, but are now rarely

adopted for regular railway working. The grip rail system was first

used on the Mont Cenis railway in 1867, and has been used in later

years in Brazil and New Zealand. Rack rails were used in 1848 on the

incline near Madison, Indiana (U. S. A.). In 1866 they were used on the

Mount Washington railway (U. S. A.), (with the Marsh rack), this being

the first mountain-climbing railway. In 1885, the Abt rack-rail system

was introduced, and is a great improvement. It has been used both for

ordinary railway service and for special mountain lines.

RAPID TRANSIT.—Street or surface railways for city traffic date

from 1831, in New York, and were operated by horses until 1873, when

cable traction was introduced. Electric traction was introduced in

Germany in 1881 and in the United States in 1884, and the growth

of this system was such that in 1894 it was in use on 9000 miles in

this country and 195 miles in Europe. Locomotives operated by steam,

gas, compressed air, etc., have been used to a limited extent. For

high speeds it was necessary to remove the railway from the street

surface. The first elevated railway was built in New York in 1869, and

now New York, Brooklyn, and Chicago have about 100 miles, operated

by electricity and steam. The only foreign railway on this system is

at Liverpool (England), the line being 5 miles long, and operated by

electricity. The first underground railway was opened in London in

1863, and that city now has several miles of such railway, mostly

operated by steam locomotives. Two underground electric lines are in

operation and another is being built. Budapest (Hungary) and Boston

(Mass.) have also underground electric railways. New York has for

years needed and demanded a railway of this character, but political

methods and extravagant demands for franchise rights have prevented the

commencement of work upon the line.

MILITARY RAILWAYS.—Railways cannot be made available to any extent for

tactical purposes, but are of great importance as a means of supply

and communication. They were used by the Russians in the Crimean war

(1854), and were prominent features in some of the campaigns of the

American Civil War (1861–65). In the Franco-German war (1870), the

German army advancing on Paris was closely followed by a military

railway, and in the Soudan campaign of 1898–99, the British army

carried with it the head of a railway communicating with the base of

supplies on the Nile.

PORTABLE RAILWAYS.—These are narrow-gauge lines of light construction,

for use on plantations, in lumbering operations, on engineering

construction works, and for pioneer railways. The rails are riveted to

steel ties, forming complete sections of track, straight or curved,

which can be laid down, taken up, or shifted, as required. Such a line,

of 24 inches gauge, was used to carry passengers around the grounds of

the Paris Exhibition of 1889.

SHIP RAILWAYS.—These are projected as substitutes for ship canals, but

none have been built in modern times, if we except a few small ones

for canal boats, including one at the Columbia River rapids, in Oregon

(U. S. A.). One was proposed for the Isthmus of Suez in 1860, and in

1879 Captain Eads strongly advocated one across Tehuantepec (Mexico),

to connect the Atlantic and Pacific oceans. This line would be about

150 miles in length, and the cost is estimated at $50,000,000. In 1888

work was commenced on the Chignecto ship railway (Canada), at the head

of the Bay of Fundy, but it has never been completed. The general

principle of the system is to float the ship into a dock and deposit it

upon a wheeled cradle of suitable form. This would then be raised by

machinery and hauled along the railway by a number of locomotives.

ADVANCE IN LAW AND JUSTICE

BY LUTHER E. HEWITT, L.B.,

_Librarian of Philadelphia Law Association_.

I. INTERNATIONAL LAW.—Exclusive rights asserted in past centuries have

been succeeded by freedom of the seas and privileges on the rivers.

The principle back of the American guns off the Barbary coasts has

prevailed. Crimes of one country against another are punishable in

either. Extradition for nonpolitical crimes is general. Expatriation

has been won for those who would change their country. Internal

affairs of countries are free from interference; but a rule may be

so revolting, or so hurtful to foreign interests, as to justify

intervention. The Monroe doctrine was intimated in the Declaration of

Independence, and has developed with our country. Regard for other

nations has increased. Protectorates and spheres of influence are

respected, while recognition of insurgent States will not be hurried.

Devastation and weapons causing needless pain are condemned, while

guerillas are regulated by requirement of a responsible head, a badge

recognizable at a distance, and subjection to rules of war. The sick

and wounded, attendants, and appliances are protected from intentional

attack.

Open, unfortified places are in practice spared, and ransoms no

longer extorted. Twenty-four hours are allowed for withdrawal of

noncombatants from places to be attacked. Military occupation no longer

confers sovereign power; and compensation on the closing of war has

been recommended for private property of an enemy used in military

operations.

Impartial neutrality is demanded. Nations once bound themselves for

troops in case others went to war. This has ceased. Passage of troops

through neutral territory is not allowed. Even sick and wounded will

be denied if their passage would relieve a combatant’s own lines; but

neutrals have interned such refugees. The neutral cannot allow fitting

out of armed expeditions or enlistment of troops. Jefferson advanced

international law by demanding Genet’s recall for such offenses.

Carriage of signals, dispatches, or persons in military operations is

unneutral, and the United States insisted that this ruled the Trent

affair. A belligerent’s ship of war can remain in port but twenty-four

hours, unless in an emergency, like need of repairs. Coal will be

afforded only to the nearest port, nor will a new supply be furnished

within three months. Statutes enforce some of these rules. Neutral

trade is not lost except on blockade, although goods which may be put

to military uses are liable to seizure as contraband. “Free ships,

free goods,” was long contended for; and at last the Declaration of

Paris, in 1856, provided even further, as follows: (1) Privateering

is and remains abolished. (2) The neutral flag covers enemy’s goods,

with the exception of contraband of war. (3) Neutral goods, with the

exception of contraband of war, are not liable to capture under an

enemy’s flag. (4) Blockades, in order to be binding, must be effectual.

Spain, Mexico, Venezuela, and the United States declined to adhere to

the Declaration. The United States adopted 2, 3, and 4, and offered

to agree to the abolition of privateering if noncontraband property of

the enemy were exempted under its own flag. The United States and Spain

refrained from privateering in the recent war. Private property of the

enemy on land has long been exempt from capture.

[Illustration: INDEPENDENCE HALL AND SQUARE. WINTER SCENE.]

II. LAW-MAKING BODIES.—State legislators were originally chosen from

landed proprietors, except, perhaps, in Pennsylvania. Legislatures

frequently had the selection of governors, judges, and other high

officials, but the Ohio constitution in 1802 foreshadowed the coming

democracy. Distrust has followed reliance on legislatures. Their

sessions have been limited in about half the States to an average

of less than ninety days, and almost everywhere made biennial.

Increase of the members’ own compensation is forbidden. Their duties

are carefully prescribed. Common requirements are, reading of

bills on three days; one subject for a bill, and that expressed in

title; recital of old law, upon revision; prohibition of riders on

appropriations. Nearly half the States require a majority in each

house of all members elected thereto. Constitutional restrictions

on state and municipal indebtedness and loan followed the burdens

assumed in the first exultation over inventions in transportation. The

Pennsylvania constitution, for instance, prohibits “local or special

laws” in about thirty cases, such as in municipal affairs, descent of

property, judicial proceedings, remitting penalties, exemption from

taxation, regulating labor, chartering corporations. Boundaries between

legislative and judicial proceedings have been simplified; special

legislation in marriage and divorce has been forbidden; appellate

jurisdiction has been taken from Senates once possessing it. The

British House of Lords retains such jurisdiction, but within it sit the

great judges, and the lay lords almost never vote on appeals.

Payment of expenses of members was derived from England, and although

abandoned there has continued here. Members of Congress give

attendance remote from home, so that they receive salaries rather than

compensation. Sums for expenses are allowed in the other American

republics, in France, Australia, Sweden, Switzerland, chiefly in the

lower houses. Some are paid by the local constituency, but this tends

to create classes. Representatives to Congress were generally elected

at first on the State ticket, and in some States this continued until

the Congress in 1872 required district election. The Revised Statutes

appoint the day of their election, and require a printed or written

ballot.

III. THE COURTS.—A feature of American jurisprudence which excites the

wonder of foreigners is the power in the courts to declare legislative

or executive acts void because unconstitutional. Before the Revolution

the Rhode Island court struck down a statute contrary to the provincial

charter; and a recent instance is the decision of the U. S. Supreme

Court on the income tax. The power is exercised on individuals,

without direct conflict between the great departments of government.

The judicial power has otherwise widened. Civil trials without jury

are frequent. In the counties judges exercise much administrative

power. Road and bridge cases, grants of liquor licenses, appointments

to educational and other offices, are illustrations. In what has been

termed “government by injunction,” functions both of the executive and

of the jury have been assumed. Perhaps this justifies the demand that

all judges shall be elected by the people. Frequently the choice of

judges was originally by the legislature, or by the governor, alone

or with the approval of the senate. The judicial tenure of office

has generally been lengthened to a term insuring a long service. In

Pennsylvania, a supreme court judge holds office twenty-one years,

a county judge ten years. Age limit prevails in some States. In a

democracy, it is not surprising to find the doctrine sometimes asserted

that juries in criminal cases are judges both of law and fact. In

certain civil cases, the jury is a crude but powerful engine for

holding corporations to strict responsibility for the citizens’ safety,

although excessive or unfounded verdicts are to be deplored. Much of

the old law of deodands has force to-day in subtler form. A feature to

note in passing is the duty imposed on the judge to answer before the

jury points of instruction framed by counsel.

IV. CIVIL PROCEDURE.—Twenty-nine States and Territories rejoice

in escape from puzzling classifications by substitution of simple

statements. Extreme separation of law and equity had made the old

condition worse. Equity might often soften legal principles, or

law lend vigor to equity. Much of this has now been done; had been

done, in fact, in Pennsylvania, from early days. Its enforcement of

equitable rights through remedies at law was largely followed in the

English Judicature Act of 1873 abolishing forms of actions at law and

interblending law and equity. This statute has been copied largely in

British colonies. England abolished the cumbrous system of real actions

in 1834, and substituted simpler remedies for assertion of title.

The simplicity of present procedure is accompanied by ability to reach

decision more promptly, and an old reproach has been greatly lessened.

V. CODIFICATION.—The New York Revised Statutes of 1828 embraced

nearly the entire civil procedure, and in 1848 a “Code of Procedure”

was adopted, although the original draftsman, David Dudley Field,

complained bitterly of changes. Forty-two States now have more or less

complete codes of practice; and criminal codes likewise are numerous.

Codification of the branches of substantive law may be anticipated.

Something of this is going on in England. The Bill of Sales Act, the

Employers’ Liability Act, the Bills of Exchange Act, the Public Health

(Scotland) Act of 1897, the Land Transfer Act of the same year, are

instances. In Pennsylvania, there are codelets like the Evidence Act

of 1887, or the Building Law for Philadelphia of 1893. Instances

could be multiplied. A code intended for all the States on Negotiable

Instruments has been prepared by commissioners, and has been adopted in

New York, Connecticut, Colorado, and Florida. In Great Britain there

has not been general codification, whereas the continental systems run

largely that way, even in substantive law, being based on the Roman law.

VI. CRIMINAL JURISPRUDENCE.—The grand jury is no longer grand in

many States; indeed, less than twelve members suffice in some;

and their service may even be dispensed with under some Western

constitutions. Individual malice has been avoided by the creation of

public prosecuting attorneys. “Standing aside jurors” resulted from

33 Edward I., denying government challenge except for cause. It has

been generally abolished, and the prosecution equalized by a number

of peremptory challenges. Pennsylvania retains the old practice.

Prisoners may now testify, but refusal is not to weigh against them.

The statute 7 William III. allowed counsel in treason cases, but

England did not extend the privilege to trials for other felonies until

1836. The courts in mitigation permitted counsel to prompt prisoners

with questions. Penn’s charter gave prisoners privileges of witnesses

and counsel, and this is now universal in American constitutions.

Many States provide counsel for prisoners without means, some with

compensation. “Standing mute” has become equivalent to a plea of not

guilty. Unanimity in a verdict is essential to conviction of crime

above misdemeanor, except in Utah, and there it is limited to capital

cases. In civil and in minor criminal cases about a dozen constitutions

in the far West or Southwest either recognize verdict by proportion

of jury or else empower the legislature so to do. England refuses

criminal appeals, but in this country they are allowed. The courts of

this country have never been subservient to military passion, and all

friends of the great French Republic must rejoice at the courage of

the Court of Cassation in the Dreyfus case. The English law inflicted

death for 160 crimes, some great and many otherwise, about the period

of our Revolution, and in 1819 this number had become 200. American

jurisprudence never had such stain of blood, yet 10 crimes were

punishable with death in Massachusetts, and 20 in Delaware, at the time

of the Revolution, and the pillory, stocks, shears, branding-irons, and

lash were busy. Horrible prisons existed, filled with every foulness

and immorality. The older penitentiary system has been modified in 20

States by the parole system under police supervision, and in 4 the

policy of indeterminate sentences within fixed limits and ages has been

adopted. Bertillon and other methods of identification have greatly

lessened crime in England. The law of deodand, whereby the value of

an object causing accidental death was forfeited for charities, was

abolished in England in 1846. Societies to prevent cruelty to children,

or to animals, attest the advance of refinement and humanity.

[Illustration: HON. MELVILLE W. FULLER.

(Chief Justice U. S. Supreme Court.)]

VII. CAPITAL PUNISHMENT.—In England, treason and felony, except petty

larceny and mayhem, were punishable with death. The fiction by which

males who could read were supposed to be of the clergy saved first

offenders, who escaped with branding. In the eighteenth century, the

fiction was forbidden, and death imposed on additional offenses, so

that 160 crimes were so punishable. In 1826, the efforts of Sir Samuel

Romilly and Sir James Mackintosh, and later of Sir John Russell,

resulted in a more merciful spirit, and since 1861 murder, treason, and

firing of the great dock yards, have been the only capital offenses.

The American colonies were more humane, yet Massachusetts punished 10

and Delaware 20 crimes with death. Since the Revolution imprisonment

has been the general penalty. In Maine, Wisconsin, and Colorado

capital punishment has been abolished altogether; in Rhode Island,

except where murder is committed by a life prisoner; in Michigan,

except for treason. In some States, as in Ohio, the jury may avert the

death penalty. New York and Iowa, after experiments, restored capital

punishment. The federal law imposes death for murder, piracy, robbery

on the high seas, rape, treason. The introduction of degrees of murder

has reduced the number of executions. In New York, electrocution has

been substituted for hanging. Capital punishment has been abolished

or qualified in the Argentine Republic, Belgium, Brazil, Chile, Costa

Rica, Guatemala, Holland, Italy, Norway, Portugal, Russia, Switzerland

(in eight cantons), and in Venezuela.

VIII. POLICE POWER.—The citizen of the present day is protected by the

police power to a degree which, perhaps, would have seemed marvelous a

century ago. The sale of food is governed both in quality and quantity;

building laws prescribe yards for light and air, height and thickness

of walls, and forbid wooden buildings in many populous centres.

Explosives are placed under strict regulations. Health laws protect

from impurity of food and from pestilence, establish quarantines,

deny the importation of rags, cattle, etc., likely to breed disease;

medicine, pharmacy, dentistry, and nursing are protected from

ignorance; immigration laws exclude persons or races deemed uncongenial

or objectionable; railroads are subjected to provisions promoting

safety, comfort, and impartiality of service; lotteries, gambling,

threatening letters are forbidden; game laws preserve the various

species from extinction; women and children are guarded by special

laws. Almost the entire body of this division of law is new to this

century, and much of it is recent.

Triumphs and Wonders of the 19th Century: The True Mirror of a Phenomenal Era A volume of original, entertaining and instructive historic and descriptive writings, showing the many and marvellous achievements which distinguish an hundred years of material, intellectual, social and moral progress · 第 70 / 76 段