Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.Spencer, Herbert
Philosophy
Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.
Spencer, Herbert
Philosophy; Political science; Science
A large part of the causes daily heard in our courts,
involve the {96} question, whether in virtue of some expressed or
understood contract, some of those concerned are, or are not, bound to
certain acts or certain payments. And when it has been decided what
the contract implies, the matter is settled. The contract itself is
held sacred. This sacredness of a contract being, according to the
expediency-hypothesis, justified by the experience of all nations in
all times that it is generally beneficial, it is _not_ competent for
a Legislature to declare that contracts are violable. Assuming that
the contracts are themselves equitable, there is no rational system
of ethics which warrants the alteration or dissolving of them, save
by the consent of all concerned. If then it be shown, as we think it
has been shown, that the contract tacitly entered into by railway
shareholders with each other, has definite limits; it is the function
of the Government to _enforce_, and not to _abolish_, those limits. It
cannot decline to enforce them without running counter, not only to all
theories of moral obligation, but to its own judicial system. It cannot
abolish them without glaring self-stultification.
Returning, now, to the manifold evils of which the cause was asked;
it only remains to point out that, were the just construction of the
proprietary contract insisted upon, such evils would, in great part, be
excluded. The various illicit influences by which Companies are daily
betrayed into disastrous extensions, would necessarily be inoperative
when such extensions could not be undertaken by them. When such
extensions had to be undertaken by independent bodies of shareholders,
with no one to guarantee them good dividends, those who are locally
and professionally interested would find it a less easy matter than at
present to aggrandize themselves at the expense of others.
* * * * *
And now as to the policy of thus modifying railway legislation—the
commercial policy we mean. Leaving out of sight the more general social
interests, let us glance at {97} the effects on business interests—the
proximate instead of the ultimate effects. The implication contained
in the last paragraph, that the making of supplementary lines would
no longer be so facile, will be thought to prove the disadvantage of
any such limit as the one advocated. Many will argue, that to restrict
Companies to their original undertakings would fatally cripple railway
enterprise. Many others will remark, that, however detrimental to
shareholders this extension system may have been, it has manifestly
proved beneficial to the public. Both these positions seem to us more
than questionable. We will first look at the last of them.
Public-domain text, read in full here on John Shaqi.
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