Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1897-09-16
AJUDGE'S OPINION.
sTRoNeLYFAvoRs THE GOVERN
MENT OWNERSHIP OF RAILROADS
He Says That There Is Among the People
Growing Conviction That the Public
Would get Better Service II Railroad
Business was Conducted Like the
PostofAice.


Brewer, in an opinion delivered in the
Ames case and found in Vol. Ga of the
Federal Reporter, gives some able reas-
ons why the transportation of individ-
uals and merchandise would be better
conducted on the same system as the
postofflce instead of as business. "
The AmeJ case is the one which in
wolves the validity of the Nebraska rail-
road law. 1t was argued recently by
w. ]. Bryan before the United States
supreme court at Washington. Justice
Brewers opinion, however, was deliv-
rred prior to that time, while sitting in
one of the United States circuit courts.
Justice Brewer said in part:
II think it may assist to true un-
Outstanding of the scope of this ques-
ton, and the various considerations
which must enter into it, if we notice
how, as matter of history, the situa-
tion and the question have arisen. So
far as the mere question of power is
concerned, the transportion of persons
and property is, equally with the car
rying of letters and papers, legiti-
mate function of government By
reason of this, private corporations,
acting as private carriers, are given
the right to exercise the governmental
power of eminent domain and thus,
against the will of the owner, to take
his property for their public or quasi
public uses.
"BuJ, in the history of this country,
the carrying Of papers and letters was
assumed by the government, and the
transportation of persons and property
left to private persons. In other words
the people chose to manage the carry
ing of the correspondence of the coun-
try and to leave the matter of trans
portation to individuals. With the
wisdom of this the courts have no con-
Germ. ] simply note the fact. But in
consequence of this the carrying OF
letters and papers by strictly govern
mental agencies became what may be
fairly called system, while the trans
portation of persons and property by
private individuals and corpora tions
became business.
"In the one there was simply CLASH
fication and a uniform rate, and the
system was extended wherever popula.
ton went, and so far as possible to
supply all the needs of all parts of the
country in the w ay of transportation of
news and letters. Whether, in the
carrying out of this system at the end
of each year, there was profit or not,
was immaterial. 1t was something
which the people of the whole country
were doing for the joint and equal ben
eft of all, and if the expenses exceeded
the revenues the common treasury paid
the deficiency. Gain, profit, revenue,
are in no sense the object of the post
office. There is no effort to increase
the number of letters or papers by
spe cial inducements, with view of
building up an increased business in
one place or another, or in one direc-
ton or another.
with uniform rates and equal facili-
ties, all persons and places are served,
and the system is improved and the
facilities for carrying and distribution
are multiplied and bettered, as extern
sively and as rapidly as congress, in its
judgment, deems for the best interest
of the whole people.
mo citizen in any town or city can
get special rates for the carrying of his
correspondence. NoOne can be favored
in the promptness with which his cor
respondence is carried or the kind of
service which is rendered. The thought
and purpose of the postoffice is equal
service to all, and uniform rates.
Son the other hand, as the govern
ment did not undertake the matter of
transportation, it became business
carried on by individuals and corpora
tions, and carried on, as other business
with view to private gain, and &C
cording to the judgment of those en-
gagged therein. No effort was made by
the government, representing the pub
lie to stay private investment in this
business. On the contrary, the whole
tenor of legislation was to enc urage
such investment, and thus to multiply
the facilities and agencies of transport
tation until now it is estimated thai
10000, 900, 900 are invested in railroad
transportation alone
at is unnecessary to stop here to in
quire whether this investment was not
largely in excess of the needs of the
country, and unwisely made. 1t is
enough to know that it has been made,
with the acquieseence, if not with the
active encouragement of the public. |
Now, in the carrying out of any private
enterprise, increase of business with
increase of profits is a stimulating
thought and for this every variety of
action is iaken- Advertisement, solicit |
tation, indueement favors, are al
fraelv resorted IN but with the sino,1a |