People's voice., 1898-02-17
~ -s-i -
PUBLIC RAILROAD OWNERSHIP.
Judge Brewers Opinion on the Rights of
the People

tl0n TO the fact that Justice DAVID J.
Brewer, in an opinion delivered iu the
Ames case and found in Vol. 81 of The
FEDERAL Reporter. gives some able
reasons why the transportation IF IN
dlvlduals and merchandise would be
better conducted on the same system
as the pOStotf1re Instead Of d. "buSi.
ness"
The AmeS case is the one which
involves the validity uf the Nebraska
railroad law. 1t was argued receuLly
by W. j. Bryan before the Uuted
States supreme court at Washington.
Justice Brewers opinion, however,
was delivered prior To that time,
while sitting 10 one Of The United
States circuit courts. Justice Brewer
said in part:
II think it may assist to a true un-
derstanding of the scope of this Ques-
tiOn, and the various considerations
which must enter into it, if we mott e
how, as a matter of history, the stu
alton and the question have arisen.
So far as the mere question Of power
is cOCcerned, the transportation of
persons and property is, equally with
the carrying of letters and papers,
legitimate function of government.
BY reason of this, private corpora
tiOns, acting as private carriers, are
given the right to exercise the gov
ernmental power of eminent domain
and thus 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
assumed by the government, and the
transportation If persons and proper,
ty left to private persons. In other
words, the people chose to manage
the Carrying Of the correspondence of
the country and to leave the matter
of transportation to individuals.
With the wisdom of this the courts
have no concern. | simply note the
fact. But in consequence Of this the
carrying of letters and papers by
strictly governmental agencies be-
came what NJ iy be fairly called a sys-
TEN, while the transportation of per-
sons and property by private individ.
uals and corporations became a busi-
ness.
"ln the one there was a simple
classification and a uniform rate, and
the system was extended wherever
population went, and 50 far as possible
to supply all the needs of all parts of
the country in the way of lraHSporta-
tiOn Of news and letters. Whether.
ln the carrying out of this system, at
the end of the year there was a profit F!
or not, was immaterial. 1t was
something which the people OF the
whole country were doing for the
joint and equal benefit of all, and if !
the expenses exceeded the revenues
the common treasury paid the def |
cheney. Gain, profit, revenue, are in |
no sense the object of the postoffice. |
There is no effort to increase the /
number of letters or papers by special
inducements, with a view of building
up an increased business in one place
or another, or in one direction or
another.
with uniform rates and equal
facilities, all places and persons are
served, and the system is improved |
and the facilities for carrying and dis
trlbution are multiplied and bet
tered, as extensively 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. No one can be
favored in the prOmptness with which
his correspondence is carried, or the
kind Of service which is rendered.
The thought and purpose of the post
office is equal service TO all, and uni
form rates.
Ion the other hand, as the govern
menG did not undertake the matter
OF transportation, it became a bust.
ness carried on, as oGher business,
with a view to private gain, and
according to the judgment of those
engaged therein. No effort was made
by the government, representing the
public, to stay private investment in
this business. On the contrary, the
whole tenor of legislation was to en-
courage such investment, and thus to
multiply the facilities and agencies of
transportation, until now it is esti-
matod that $lO,OOO,OOO, 900 are invested
in railroad transportation alone.
ut is unnecessary to stop here to
inquire whether this investment Was
not largely in excess of the needs Of
the country, aud ubwiSely made. 1t