The Birmingham age-herald., 1905-10-20

dustriallsm during the last half century has been due to several causes, hut above all to the revolution in the methods of transportation and communication; that Is to steam and to electricity, to the railroad and the telegraph.
 When this government was founded commerce was carried on by essentially the same instruments that had been In use not only among civilized, but among barbarian. nations, ever since history dawned; that is. by wheeled vehicles drawn by animals, by pack trains, and by sailing ships and rowboats. on land this meant that commerce went in slow. cumberous and expensive fashion over highways open to all Normally these highways could not compete with water transportation, if such was feasible be- tween the connecting points
 All this has been changed by the 1e- velopment of the railroads. Save on the ocean or on lakes so large as to be prac- tically inland seas, transport by water Las wholly lost its old position of superiority over transport by land, while instead of the old highways open to everyone on the same terms, but of a very limited use fulness, we have new highways-rai1- roads-which are owned by private cor porations. and which are practically cf unlimited. Instead of limited. usefulness. The old laws and old customs which wera adequate and proper to meet the old conditions need radical readjustment in order to meet these new conditions. The cardinal features in these changed con ditions are. first the fact that the rew highway, the railway, is, from the eom- mercial standpoint. of infinite greater importance in our industrial life than was the old highway. the wagon road: nd second. that this new highway the rall- way, Is in the hands of private owners, whereas the old highway. the wagon road, was In the hands of the state. The man agement of the new highway the rail- road, or rather of the intricate web of railroad lines which cover the country, is a task infinitely more difficult more delicate. and more important than the primitively easy task of acquiring or keeping in order the old highway; so that there is properly no analogy what ever between the two cases. l do not be- lleve in government ownership of any thing which can with proprlety be left in private hands, and In particular I should most strenuously object to government ownership of railroads. But believe with equal firmness that 1t is out of the ques- ton for the government not to exercise a supervisory and regulatory right over the railroads for 1t Is vital to the we'll being of the public that they mould te managed in spirit of fairness and ius- eit' ''Noit dii Ant NPtblIt. SftId1 fA- perience has shown that 1t Is 1os pos sible to leave the railroads uncontrolled. Such system, or rather such I lack of system, Is fertile in abuses of every kind and puts premium upon nnscrupulous and ruthless cunning in railroad manage ment. for there are some big shippers and some railroad managers who arc always willing to take unfair advantage of their weaker competitors and they thereby force other big shippers and big railroad men who would like to do decently into similar acts of wrong and injustice. under penalty of being left behind in the race for success. Government supervision Is needed quite much in the interest of the big shipper and of the railroad man who want to do right as in the interest of the small shipper and the consumer.
 Laws Are Defective.
 Experience has shown that the pres ent laws are defective and need amend ment.i The effort to prohibit all restraint of competition, whether reasonable or un- reasonable. Is unwise. What we need is to have some administrative body with ample power to forbid combination that | is hurtful to the public, and to prevent | favoritism to one individual at the eN- pense of another In other words, we want an administrative body with the | power to secure fair and just tieatment | as among All shippers Wno use the fall- roads--and all shippers nave a right to use them. We must not leave the en- | forcement of such a law merely to the department of justice; it is out of the question for the law department of the | government to do what should oe purely administrative work. The department of 1 justice is to stand behind and cooperate with the administrative body, but the i administrative body itself must be given l |. 4 sr.A tArlr aud tl.-.. lx1Il to strict accountability for the exercise of that power The delays of he iaw are proverbial. and what we need In inis mat ter is reasonable quickness of action
 Abuses Take Many Shapes.
 "The abuses of which we have a gen. uine right to complain take many shapes. Rebates are not now often givel openly. But they can be given just as effectively in covert form: and private cars terminal tracks and the like must be brought un- der the control of the commission or ad- minisrative body. which is to exercise su- | pervsion by the government. But in my | Judgment the most important thing .o | do is to give to this administrative body | power to make its findings effecu,s. and | this can be done only by giving Il power | when complaint Is made of given rate | as being unjust or unreasonable, if 1t | finds the complaint proper. then itse,f to | fix maximum rate which it regards ss | just and reasonable. this rate to go into effect practically at once, that Is within | reasonable time, and to stay in effect