The American Railway: Its Construction, Development, Management, and Appliances — John Shaqi
The American Railway: Its Construction, Development, Management, and AppliancesClarke, Thomas Curtis
History
The American Railway: Its Construction, Development, Management, and Appliances
Clarke, Thomas Curtis
Railroads -- United States
The want of unity which has been pointed out tended to breed abuses
specially injurious to the public, and governmental regulation was
entered upon for their correction. Naturally the first attempts
in this direction were made by separate States, each undertaking
to regulate for itself the transportation within its own limits.
Such regulation would have been perfectly logical, and perhaps
effectual, had the roads within each State formed a system by
themselves; but when State boundaries had very little importance,
either to the roads themselves or to the traffic done over them,
unless made important by restrictive and obstructive legislation,
the regulation by any State must necessarily be fragmentary and
imperfect, and diverse regulation in different States might
be harmful rather than beneficial. It must be said for State
regulation that it has in general been exercised in a prudent and
conservative way, but it is liable to be influenced by a sensitive
and excitable public opinion; and as nothing is more common than
to find gross abuses in the matter of railroad transportation
selfishly defended in localities, and even in considerable
sections, which are supposed to receive benefits from them, it
would not be strange if the like selfishness should sometimes
succeed in influencing the exercise of power by one State in a
manner that a neighboring State would regard as unfriendly and
injurious.
The Federal Government recently undertook the work of regulation,
and in doing so accepted the view upon which the States had acted,
and so worded its statute that the transportation which does not
cross State lines is supposed to be excluded. The United States
thus undertakes to regulate interstate commerce by rail, and the
States regulate, or may regulate, that which is not interstate.
It was perhaps overlooked at first that, inasmuch as Government
control may embrace the making of classifications, prescribing
safety and other appliances, and naming rates, any considerable
regulation of State traffic and interstate traffic separately must
necessarily to some extent cause interference. The two classes of
traffic flow on together over the same lines in the same vehicles
under the management of the same agencies, with little or no
distinction based on State lines; the rates and the management
influenced by considerations which necessarily are of general
force, so that separate regulation may without much extravagance be
compared to an attempt in the case of one of our great rivers to
regulate the flow of the waters in general, but without, in doing
so, interfering with an independent regulation of such portion
thereof as may have come from the springs and streams of some
particular section. This is one of many reasons for looking upon
all existing legislation as merely tentative.
Public-domain text, read in full here on John Shaqi.
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