The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
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The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
Railroads -- United States -- Periodicals
The capacity of the law courts to regulate is even more strictly
limited. For not only is it confined within the precise limits of
the jurisdiction expressly conferred upon it by the Legislature, but
further, by the necessity of the case, a court of law can only decide
the particular case brought before it; a hundred other cases, equally
important in principle, and perhaps more important in practice, may
never be brought before it at all. Even if the court had decided
all the principles, it has no machinery to secure their application
to any other case than the one particular case on which judgment
was given. There was a case decided 30 years ago by our Railroad
Commission, the principle of which, had it been generally applied
throughout the country, would have revolutionized the whole carrying
business of Great Britain. It has not been so applied, to the great
advantage, in my judgment, of English trade. Further, the great bulk
of the cases which make up the practical work of a railroad: "What is
a reasonable rate, having regard to all the circumstances, present
and prospective, of the case? Would it be reasonable to run a new
train or to take off an old one? Would it be reasonable to open a
new station, to extend the area of free cartage, and the like?"--all
these are questions of discretion, of commercial instinct. They
can only be answered with a "Probably on the whole," not with a
categorical "Yes" or "No," and they are absolutely unsuitable for
determination by the positive methods of the law court with its
precisely defined issues, its sworn evidence, and its rigorous
exclusion of what, while the lawyer describes it as irrelevant, is
often precisely the class of consideration which would determine one
way or other the decision of the practical man of business.
It seems to me, therefore, that both in England and in America we
must expect to see in the near future a considerable development of
executive government control over railroads.
Public-domain text, read in full here on John Shaqi.
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