The Birmingham age-herald., 1907-10-27
GOVERNOR CUMMINS ON
 CURBING THE RAILROADS

From Appleton's Magazine
 The business of the country is based, primarily, upon our system of transpor- tation There was time when the dis tribution of commodities was largely local, and the producer had some power to protect himself. It has now become countrywide, and any considerable en- terprise must distribute it's products over so large a portion of the United States that, in so far as it competes with any other of like character, 1t is abso- lutely dependent not only upon the eff eieney of the service of the common car Tier, but upon the fairness of the service as well. Experience has abundantly shown that the shipper, whether he be producer or distributor, can no more de- fend himself against unreasonable charges or unjust disefiminations of the carrier than could the peaceful money changer or husbandman of the former day defend himself against the invasion of the armed robber.
 Competition as an effective force in transportation, in securing fair rates, absolutely or comparatively, long ago disappeared, and, to use the phrase of childhood All the kings horses and all the kings men cannot put Humpty Dumpty together again." This condition brought into activity dormant func- tion of the government, and thsre is no other more vital at the present time.
 What l have said is not only ele- mental, but universally accepted, and 1t would be sunpardonabe to restate the fact if 1t were not to fasten upon our selves the consciousness that we have sure corner stone upon which to found the structure that is rising, slowly but surely, out of the chaos of opinion and experiment. l state it for the further reason that it forms one of the issues between the classes l have already men toned for no man ought to be- and hope no man will be- promoted to high office i'll our party, who is not willing to deal vigorously and consistently with this problem. There are some hysterical persons among the standpatters who are beWailing what has already been done, and who are wringing their hands in either real or assumed fear of the con- sequences of the action already taken by Congress and by the legislatures of va rious states, and who insist that we have already done much more than is wise or just. To these persons, the men whose views I am endeavoring to express reply that we have as yet barely begun the work, and it may be-probably will be--years before we reach the solution of the problem now disclosed to us.
 It is obvious that when we attempt ito determine, no matter what tribunal or tribunals are intrusted with the power what ls a reasonable charge for the service of a common carrier, it must be knoWn-not only known but definitely es- tablished-upon what capital the carrie" is entitled to a return. This Is due 10 the carrier not less than to the customer. If we do injustice to the former, the service will be inefficient, and will not expand to meet the increasing demand of growing country. If we do injustice to the latter the function that the gov ernment has attempted to perform is Of no value. Therefore it is necessary not only to review the present capitalization, but to make such provision for future capitalization as will insure soundness in the organization of transportation com panes. Personally, l believe that in order to accomplish this end, it will be found necessary to amend the constitution ol the United States so that all transporta- ton corporations carrying Interstate traI fic shall be organized under law Of Com gross. l know that there are people who would rather break the constitution than better it. but l am not one of them | am unalterably opposed to the spirit which insists that the courts shall make our constitution mean what the necessI- ties of the time require without regard to the written grants and prohibitions or organic authority. The amendment sug- gested is in exact harmony with the rea' thoughtzof the authors of the constitution. It would, in this respect accomplish no more than to nationaze in terms what the development of business has already nationaIized l am not an advocate of the destruction or invasion of state au- thority. With corporations so created, the states must still regulate intrastate business When q national tribunal haa fixed interstate rates upon proper basis, if will not be difficult for state tribunali to coordinate their local rates.
 It is one thing to stand Tor the trans fer of rights of the states to the general government and it is quite another thin5 to stand for a grant of power to the general government which no state can exercise but which must exist if we are to settle these questions with fair ness to both sides of the controversy.
 When 1t is known what fair rates are another duty of the government instantly arises It will be granted, theoretically, that all patrons of common carriers sinll- larly situated are entitled to the same rates for like service; not only so, but inaslnuch as there is competition, and always will be, 1t is hoped, between com munities as well as persons of the same community. all communities are entitled to just comparative rates. l VIII at once agree that if, in the past, common car riers had indicated by their practices an inclination to observe these fundamental rules. they are in position to make the adjustment much more easily and muca more perfectly than the government can make it for them. If, however, the history of transportation in this country estab- if fG that the C1r- riers have reeklessy violated these fun- damentaI maxims of public duty, and therefore the government has undertaken to perform, and must continue to per