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
Is there not, then, pressing need for an amendment of the laws
affecting the proprietary contract—an amendment which shall transform
it from an unlimited into a limited contract; or rather—not _transform_
it into such, but _recognize_ it as such? If there be truth in our
argument, the absence of any limitation has been the chief cause of the
manifold evils of our railway administration. The share-trafficking
{108} of directors; the complicated intrigues of lawyers, engineers,
contractors, and others; the betrayal of proprietaries—all the
complicated corruptions which we have detailed, have primarily arisen
from it, have been made possible by it. It has rendered travelling more
costly and less safe than it would have been; and while apparently
facilitating traffic, has indirectly hindered it. By fostering
antagonism, it has led to the ill laying-out of supplementary lines;
to the wasting of enormous sums in useless parliamentary contests; to
the loss of an almost incredible amount of national capital in the
making of railways for which there is no due requirement. Regarded in
the mass, the investments of shareholders have been reduced by it to
less than half the average productiveness which such investments should
possess; and, as all authorities admit, railway property is, even
now, kept below its real value, by the fear of future depreciations
consequent on future extensions. Considering, then, the vastness of
the interests at stake—considering that the total capital of our
companies will soon reach £300,000,000—considering, on the one hand,
the immense number of persons owning this capital (many of them with
no incomes but what are derived from it), and, on the other hand, the
great extent to which the community is concerned, both directly as to
its commercial facilities, and indirectly as to the economy of its
resources—considering all this, it becomes extremely important that
railway property should be placed on a secure footing, and railway
enterprise confined within normal bounds. The change is demanded
alike for the welfare of shareholders and the public. No charge of
over-legislation can be brought against it. It is simply an extension
to joint-stock contracts, of the principle applied to all other
contracts; it is merely a fulfilment of the State’s judicial function
in cases hitherto neglected; it is nothing but a better administration
of justice.
* * * * *
POSTSCRIPT.—That the proprietary contract should be {109} strictly
adhered to, and no undertakings beyond those specified in the
deed of incorporation entered upon, is a doctrine unpalatable to
those in authority. A friend who, as chairman of one of our great
railway-companies, has been familiar with railway-politics and
parliamentary usages in connexion with them, contends that such a
restrictive interpretation would be unworkable; and, further, that the
legislature would never allow itself to be shackled in the implied way.
Public-domain text, read in full here on John Shaqi.
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