Evening journal., 1919-10-08
The Railway Law of Nature
Must Resume Operations
lFrOm De NJ W York Sun.

Former Justice Hughes says that
under the Constitution the Government
cannot take from one railroad any OF
] its earnings, whatever the traffic rate
! or whoever makes it, and use such eX-
proprlated earnings for the benefit OF
other railroads, Mr.. Eliju Root and
| several associates OF high legal stand
ing say That the Government can.
These opinions of course relate to
| the provision in the Cummns bill aim
ing at group railroads and group traf-
flc rates TO yield sufficient revenue in
the group aggregate to enable every
road 10 earn living.
Obviously if one road is now earning
large profits while another road right
alongside Of 10 Is unable TO earn any
profits at all a general rate made by
the Government to put the non-earn-
ing carrier on a profitable basis would
throw big additional treasure, all net,
into The lap Of the already rich Garner.
Obviously. too, If the increased rate
did not apply TO all carriers in the
group the whole business would go to
the rich road with the lower rate.
These being the horns Of the transpOr-
tation dilemma the Cummins measure
proposes TO let both the poor road and
the rich road have the increased rate
with the cOrrcspOndingly increased
earnings. Then it proposes TO take
away from the rich road an it thus
gains beyond a fair return on the
value OF the property"
As both Mr.. Hughes and Mr.. Root
with their conflicting opinions. must
leave the ultimate determination Of
this constitutional question 10 the SUI
preme Court Of the United States the
rest Of us may pass 10 over for the
moment in our consideration of the
economic financial and technical prob
lem TO be solved.
There is no question that by one
means or another the large number Of
small. weak and more or less useless
carriers must lose their identity. II
nature had been allowed 70 take its
course a generation ago the great ma
iority Of these small fry roads would
haev been swallowed by the few trans
pOrtatiOn giants as the Vanderbilt
roads The Hartman roads. The Penn
sylvania and similar systems did swal-
low so many Of them. II is a pity that
the SWALLOWING process was interrupted.
II the natural absorption had gone on
the transportation puzzle today would
be much simpler than it Is.
Under the proposed group system
however. these small carriers would be |
operated as parts Of a few great sys-
tens. These great systems might be /
restricted not more than half a dozen. |
The fewer the better. But whatever |
the minimum number Of systems per- /
miticd by practical efficiency the scores |
Of little roads thus virtually absorbed |
would no longer he a burden 90 them
selves. a pain TO their sto, kholders and
an evaporation 10 their patrons.
We assume that all this is coming
10 pass. The little roads are virtually
going 10 disappear as entities. The
big group systems are going to do the
national Job OF transportation in a ma
tional way. They must give a first
class service here. there and every
where because American industry,
American business and American well
fare cannot do without such a service.
But no service Of the kind can be given |
without tranlc rates or without eco