The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
History
The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
Railroads -- United States -- Periodicals
I have seen it proposed lately that the Commission should have
the power to fix a rate, and that that rate should be final until
a final judgment setting it aside was reached. What becomes of
the constitution under such a law as that? A railway company, as
I have said, owns its property. It renders a compulsory service
to the public over its own property, with its own equipment, with
its own employes, and at its own risk, and is entitled to a fair
compensation, based upon the fair value of the property which it
devotes to the public convenience, and the Supreme Court has held
that that property can not be taken--because the use of property
is the property--can not be taken for the public use without just
compensation, and if the state, the legislature, or the Congress may
authorize a commission to fix a rate as reasonable and fair, beyond
which the railway company may not charge for services it renders, and
require it to observe that rate until the final adjudication as to
whether the rate is reasonable or not, and after the lapse of months
it is decided that it was unreasonable, how can the railway company
recover the great sum in unreasonable rates which it had lost? It
is a taking of a private property for a public use without just
compensation, and I deny the constitutional power of Congress to do
that thing. I admit the power, and the exercise of it to the fullest
extent to so far regulate railway corporations as to secure to the
public a faithful discharge of all their duties to the public at
reasonable rates, and under fair regulations; beyond that I believe
that the owners of the property ought to be permitted to manage the
property.
The business of railway management has become one of the learned
professions. It calls for some of the brightest intellects in the
country. It calls for the exercise of powers which, if devoted to
the law or to finance or to any other business, would place those
who exercise it among those at the head. It is one of infinite
complication, and it is not to be supposed that railway commissions
can manage railway properties as well as the men who have been
trained from boyhood to that business. I have never questioned that
the Interstate Commerce Commission, the Commission in Wisconsin, and
other commissions, earnestly set out to do the just and fair thing,
but the trouble with this whole question is, and has been through
many a year, that it gets too often into politics. I do not believe
myself that questions of business ever ought to find their way into
the political platform of the party, any more than I believe that the
relations of the employer to the employe, whatever the business may
be, ought to become the football of party politics.
Public-domain text, read in full here on John Shaqi.
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