The Railroad Question: A historical and practical treatise on railroads, and remedies for their abusesLarrabee, William
History
The Railroad Question: A historical and practical treatise on railroads, and remedies for their abuses
Larrabee, William
Railroads; Railroads -- United States; Railroads and state -- United States
"Moreover, it may be fairly claimed that much greater
benefits would have been realized had the statute as enacted
expressed the evident purpose of those who framed it, and
received a construction according to its apparent import. It
is not too much to say that judicial interpretation has
limited its scope and ascribed to it an intent not
contemplated when it was passed. If its supposed meaning, as
understood at the time of its passage, had been upheld by
the courts, it is believed that its operation would have
been much more effective and its usefulness greatly
increased. So far as failure has attended the efforts to
give it proper administration, that failure can be mainly
attributed to differences between its apparent meaning and
the judicial interpretation which some of its provisions
have received; and the commission is of the opinion that if
the present law could be so altered as to express clearly
and beyond doubt what it was evidently intended to express
at the time of its enactment, it would prove, even without
other amendment, an instrumentality of the highest value in
removing the evils against which it is aimed.
"The specific instances in which the statute has received
judicial construction, and the limitations upon its scope
and meaning which the courts have imposed, will be alluded
to at greater length in another part of this report.
"It seems proper, however, to observe in this connection
that the effect of these decisions in weakening the law and
preventing its enforcement has been greatly exaggerated. The
impression has been created in many directions that judicial
construction has invalidated the essential feature of the
statute and condemned the general principle which lies at
its foundation. That impression cannot be too speedily
corrected, for nothing has been decided which permits such
an inference. On the contrary, neither the power of the
national legislature to regulate the transportation of
interstate commerce nor the general policy of the existing
law has been questioned by any tribunal."
Probably no law in the United States has ever before been so fiercely
attacked at all of its vital points as has this law. It is not strange
that among the great number of National and State courts the railroad
companies have found occasionally a judge ready and willing to assist
them in breaking it down, but upon the whole the judiciary has been
disposed to co-operate with other departments of the Government in their
efforts to secure effective regulation of the transportation business.
CHAPTER VI.
STOCK AND BOND INFLATION.
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