The record-union., 1894-05-05

| the true relatlonS between railway COM
missions, railroads and constitutions.
Mr.. Lansing is probably not lawyer,
but he is clearly capable of stating legal
proposition and analyzing court de-
cision and getting at the meat of 1t, and
in way and with a success that any law
yer might envy. 1t is true that very
often for lucid statement of a court rul-
ing the lay mind of intelligence is better
qualified than the trained lawyer, who,
from the very nature of his methods,
finds it so difficult to simplify.
| The essayist takes up these decisions,
compares them, indicates the tide of their
logic, and shows precisely where they
have led and at what landing they have
to this date brought the whole question
of railway legislation and rate regulation
by law. This may be stated in sentence,
namely, to the point where the whole
thinking world Is becoming convinced
that rate regulation by legislation is in
violation Of natural economic principles,
arrests the forces of competition and dam
gerously disturbs circulation in the body
of trade.
The argument from this point is most
admirable. It proceeds in defense of
competition as the true adjuster; it estab-
fishes that the sole end and aim of the law
is, and must be, to secure Justice; not to
enforce rules of action so much as to COM
pei obedience to the primal principle of
the organic law, to wit. to protection of
man against himself; that while all power
resides in the people, the founders of our
system saw the necessity of limiting that
power and of affording protection to the
people from the people. Hence 1t was
that those checks and guards were intro
duced that are security for life. liberty
and the enjoyment of lawfully acquired
possessions.
He then takes up the attitude of the
State towards railway carriers, and shows
how in recent years it has been radically
modified, and what has led to this modi-
fioation, until now legislative spoliation
of private property is we'll nigh impos-
sible, and all kinds of property is fairly
we'll assured of equal protection under
the laws. AS a result railroads are no
longer compelled in every case to go into
the political arena to defend themselves
from assault. When they are content
with justice they are reasonably assured
of receiving it freely and unbought. Pro-
lection they are no longer compelled TO
seek outside the confines of the lew and
the bar of the court. Railroad Commis-
sions serve to adjust special cases. and be-
hind them the courts hold the even bal
ances.
He then shows precisely what reduc-
tions have been accomplished in the rail-
way history of the United States, and
illustrates an important truth, that prob
ably the masses of the people little reflect
upon, that the tendency has been steadily
and still is to declination of rates upon
railways, the decrease between 1878 and
1892 having been not less than 45.7 per
cent upon certain Eastern lines and 48.5
per cent. upon the Pacific system of the
average freight rate per ton per mile. In
the same period the decrease of the aver
age rate per passenger per mile has been
on Eastern roads 7.3 per cent, and on the
Pacific system 1872 per cent.
In the period between 1878 and 1891, in
elusive, he shows that corresponding to
these declinations. the nine principal agri-
cultural products declined in price 7.2;
wheat, 24.1; food. 12.3; clothing. 29.S. and
that wages. represented by 543 occupa-
tions, have increased IA per cent. The
deductions from these proofs are logical,
clear and of profound interest. Obvi-
ously we cannot follow them in this ar
ticle. They are in brief that the rates Of
railway transportation have followed the
general rule of reduction common to
prices and commodities; that this has not
been achieved by legislation or arbitrary
regulation, but by the operation Of the
common and natural forces Of competi-
tive laws of trade, and that nowhere have
these operated. all other things being
equal, so rapidly as upon the Pacific
Coast, where the demagogue has been
pleased to teach that injustice dominates
railway management and the people are
ground under the heel of sxtortionate
charges.
The question Of determinations is
taken up and it is shown why there Is
and always must DO discrimination in
railway charges, as in all else in COM
merce, and how without discrimination
there must be rank injustice to the larger
; number of people and classes. The rela-
ton of the cost of operation to the vol
ume of traffic is treated simply, strongly
and with brsyity. and he who cannot un-
derstand it from Mr.. Lansing's mono
graph is simply intellectually weak and
SO mentally warped as TO be incapable of
receiving truth.
: The influence of private ownership
Ipon railway charges as compared with