The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-09-06
WOULD 1T BE BETTER?
Justice Brewer on Government
Ownership of Railroads.
A Growing Conviction Among
the People, He Says,
That the People Would be Better
Served by the Railroads Being
Conducted Sim lar to the
Postofdce.

Attorney General Boyle calls attention
TO the fact that Justice David J. Brewer
in an opinion delivered in the Ames case
and found in Vol. 81 of the Federal Re
porter, gives some able reasons why the
transportation of individuals and mer,
chandise would be better conducted on the
same system as the postonice instead OF
as business
wolves the validity of the Nebraska rail-
road law It was argued recently by W.
J. Bryan before the United States SUI
preme court at Washington Justice
Brewers opinion, however, was delivered
prior TO that time, while sitting in one of
the United States circuit courts. Justice
Brewer said in part:
Il think it may assist to a true under
standing of the scope of this question,
and the various considerations which
must enter into it. if we notice how. as a
matter of history, the situation and the
question have arisen. So far as the mere
question of power is concerned. the trans
portation of persons and property is,
equally with the carrying of letters and
papers, legitimate function of govern
ment. By reason of this, private corpora
lions. acting as private carriers. are given
the right to exercise the governmental
against the will of the owner. to take his
property for their public or quasi public
uses.
But, in the history of this country. the
carrying of papers and letters was as
sumed by the government, and the trans
portation of persons and property left to
private persons. In other words, the peo-
pie chose TO manage the carrying OF the
correspondence of the country and TO
dividuals- With the wisdom of this the
courts have no concern. 1 simply note
the fact But in consequence of this the
carrying of letters and papers by strictly
governmental agencies became what may
be fairly called a system, while the trans
portation of persons and property by pri>
vate individuals and corporations became
a business
In the one there was a simple classifi-
cation and uniform rate, and the sys-
tenn was extended wherever population
went, and so far as possible to supply all
the needs of all parts of the country in
the way 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 immater-
ial- 1t was something which the people
of the whole country were doing for the
joint and equal benefit of ALL and if the
mon treasury paid the deficiency Gain.
profit, revenue. are in no sense the OBJ
ject of the postoffice. There is no effort
to increase the number of letters or pa
pers by special inducements, with view
of building up an increased business in
one place or another, or in one direction
another.
with uniform rates and equal faciIi-
ties, all persons and places are served,
md he tom fz INN 70
cilities for carrying and distribution are
multiplied and bettered, as extensively
and as rapidly as congress, in it's judg-
ment, deems for the best interest of the
whole people.
NO citizen in any town or city can
get special rates for the carrying of his
correspondence No one can be favored
in the promptness with which his CORES
pOndence is carried, or the kind of ser
vice which is rendered. The thought and
purpose of the postoffice is equal service
to all, and uniform rates.
ION the other hand. as the government
did not undertake the matter of trans
portation, it became a business carried on
by individuals and corporations, and car
ried on, as other business, with view to
private gain, and according to the judg-
ment of those engaged therein No effort
was made by the government, represent
in this business On the contrary, the
whole tenor of legislation was to encour-
age such investment, and thus TO multi
ply the facilities and agencies of trans
portation until now It'll estimated that so. :
coz, 900, coo are invested in railroad trans
portation alone.
1T is unnecessary to stop here to in
quire whether this investment was not
largely in excess of the needs of the coun-
know that it has been made, with the
acquiescenee, if not with the active en-
coura cement. of the public. Now, in the
carrying on of any private enterprise, in
crease of business with increase of profits
is a stimulating thought, and for this
every variety of action is taken Adver-
tisement, solicitation. indUcement. fay-
ors, are all freely resorred to. but with
the single purpose of larger business and
greater gain. 1t is not strange. that in the
carrying on OF transportation all the char
acteristics of other kinds of business are
found
1T is obvious that in the matter of
transportation. we are in an experimental
or transitional stage At first, transport
tation was a mere private business, and
managed as SUCH Now, there is a grow
ing conviction that the best interests of
the people will be subserved by changing
II from business 70 a system say eN-
detrimental or transitional for experience
may satisfy that the change is not wise,
and that it is better TO continue trans
portation as business, leaving to the in
terest of those engaged therein to de-
terrnine how it shall be managed. and
giving them the power to build up, as
counsel has suggested, industries and
towns here and there
ssOr it may be that experience will only
make more imperative the present de-
mand that transportation shall be a sys-
tenn with absolute certainty andsuniforn-
fty of rates, in which case the change will
be made, and this will be regarded as the
transitional era The transition may be
accomplished by the government taking
possession of transportation, and itself