The sun., 1882-08-20
THE CRY OF MONOPOLY.
TIE Situation Carefully aud Learnediy Ks-
viewed by an Eminent Lawyer.

FIRST OF u series OF papers for which ask space
In your columns. l propose to discuss some
topics relating to the present disturbed con-
dition OF labor throughout the country. But
by way OF preface. l wish to say something con-
cerning the political camor about "monopo-
lies" regret to see political men, for some Of
whom entertain good deal Of respect. join
ing In this cry. Perhaps 1t may be possible to
found q new political party upon word that is
entirely sensoless in the application that is
given TO 1t. I have seen many ephemeral par
ties spring up and pass away. and IL would not
surprise me to see one based upon n term to
which no man who uses it as it is now used can
Etvo sensible definition. or upon an idea that
Will not bear examination. But IL Is no con-
Germ OF mine what new tangled political parties
may arise. wish in these discussions to deal
With the substance Of popular deusions; and
If there are those who imagine that popular
delusions can afford basis for new political
organization. the experiment will probably end
Just as similar experiments have heretofore.
In the mean time it is not the political disturb
ance that deprecate II Is the social disturb
ance-the prevalence OF ideas that are mere
shams, and that do infinite harm to the welfare
OF those who cannot see that they are nothing
but shams.
There is. with a single class OF exceptions
no such thing In this country as a monopoly
Within any sensible meaning Of that term and
even In these exceptional casos the term does
not accurately describe the exclusive privilege
which the law secures. and which is more or
less perfectly enjoyed for limited period
One OF these is patent right to an invontion
and as this Is founded in provision of our
national Constitution-in the supreme law OF
the land-it will take good deal Of agitation
to tear 1t out Of its stronghold. All that needs
CQt har hNt, 10 Ill, 4
that the exclusive right which the law secures
to an inventor for q limited period is fully paid
for by the benefit which his improvement has
bestowed upon the public. The exclusive right
of an author to enjoy for a limited period the
profits that can be made by printing and SELL
ing his book is in just the same sense a monop-
oily while 1t lasts. and is in the same way
founded on the benefit, be 1t more or less,
which he has conferred upon the public by his
mental labor. Some other productions fall
within the same category: and although these
objects OF temporary exclusive right are
numerous. they constitute the only class OF
interests to which the term monopoly can in
any sense be applied. and for that monopoly
the holder has paid full consideration.
monopoly. in the legal sense. is an ex-
elusive right or privilege conferred by public
authority. In the popular sense it is an ex-
elusive practical enjoyment OF particular
trade or business. which an individual obtains
by his superior energy or resources or because
he happens to have no competitors. and can
therefore fully satisfy the public wants. In
neither OF these senses is the term monopoly
applicable to the business OF our railroad cor
porations. which are now the great monopoly
bugbear. No State in the Union, believe has
ever bouni itself. in granting railroad charters
~ffether bv special acts or under general laws. :.
NOT fr,
the transportation of freight or passengers
Certainly this has not been done in the
state OF New York The State is at per-
fect liberty to authorize as many railroads
auire and as capital can be found TO Dt build
congestion is not shut out by law and it is
s not shut out prastcally The most
tbe bfair9ad nat en9y5 practical m0nop2y in
are open by land or by water and al of them
are more or kess used If the railroad can carry
quicker or more safely. individuals have a free
option to use 1t or to use something else and
this option is constantly and everywhere exer-
poy the railroad than choose to 'D employ 70 some
other mode Of conveyance the fact does not |
make the railroad in any sense monopoly |
carrier. any more than one of two or more phy- |
slcians in country village who. for various |
reasons, has the largest practice. is a monop-
The question whether, by grant to certain
individuals OF the power to unite their capi-
artificial body the power to exercise the States |
aauth9rity to take private property for uses |
beneficial to the public on payment Of proper |
compensation. the state has reserved to itself |
a right to dictate what compensation the own !
ers OF the railroad are to receive for the use OF
their property and the services Of their corpo-
ration rs common carrier. is among the
yexed constitutional questions Of our time. |
whatever result is arrived at, that result does
not in any degree or sense make the railroad a
1t is not upon the idea that the
"a rrl N thah haFn
advocate for State interference with freight
charges can rest that interference. 1t all depends
the State made with the incornorators when
1t made them n corporation and gave to that
of building and working its road. The State
may or may not have reserved 10 itself the right
10 ; say %n@t c0mpensJMGdn the Tair9ad M CORPORA.
out if it has made that reservation. the
reservation does nd in the smallest degree
est upon the assumption that the State
nas I granted an exclusive privilege of carrying
The anti -monopolist" must repudiate the
very idea of an exclusive right Of carrying be-
fore he can reach a ground on which to rest the
right Of the State to control the contracts which
the railroads make with their customers. If he
admits that the State has granted an exclusive
privilege OF carrying, II is all up with his argu-
lnent for In that case the State has made CON
list will find it hard TO break. 1t may be constitu-
tlonally within the poweroi State Legislature
ing between certain termini, although no Leg:
lsature has done, So But II it is maintained
tnat any railroad hOliS or exercises a monopoly
u under state authority. then the anti-monopo-
list must look out for his ground on which he
proposes to rest the right OF the State to inter-
fere with the charges Of the monopost. II he
puts il on the ground Of monopoly. his other
ground the grant OF the corporate personality
and of the power OF eminent domain as Il
basis for regulating freight charges by law, is
cut from under his feet
In the case Of the railroad the incorporators
have paid the public by the union and invest
ment OF their private capital in I'm enterprise
to be beneficial TO the public. q full
consideration for everything that has been
granted to them. They have bought from the
public no exclusiye privilege Of carrying. They
ality Of corporation and the right to acquire
private property on payment OF Just comprnsa-
tion for the purpose Of building and operating
their road. II this grant has been made with
out any reservation in tho contract of n public
right TO regulate their charges for their SER
vices; there is no legal and no practical mOnop-
ply Of carrying on which to rest that right. II
that right has been reserved to tho State in tho
contract 1t is entirely immaterial whether the
railrond is or is not monopoly carrier.
There is ono thing Of which our politicians
and agitators q! all Kinds may probably rest AS
'urod, II is that the classi ilcation of the rail-
aDorerS AS the poor" leaving out all the in