Book Reviews [pp. 446-448]

Book Reviews.
Fight not even a dog; the victory is not worth money, so the true scholar is eager to learn, but t he
the time: fear not even a lion; if you are valiant, sophist to teach.
he will fear you.
Unsystematic study is like a meal prepared, and
no table to put it on.
As a rich man desires to gain more and pile wealth
on wealth, but he who would seem rich to lavish
Three things amaze me: that we wonder to see a
man fall sick or die, but not to see thousands rise
daily well, and live; that we are eager to find cure
for diseases of the body, but not for those of the
soul; that we preach virtue to others, but not to ourselves.
BOOK REVIEWS.
The Railway Problem.'
In his introduction to this book the author makes
a naive statement, that indicates one of the grave
difficulties under which popular governments labor.
"Having occupied the position of chairman of a legislative committee, entrusted with the preparation of
legislation on this subject, I was unable to find in
convenient and accessible form a discussion of many
of the difficulties which surround it," he says. The
desire to perform his duties intelligently, and the
consequent effort to obtain something more than a
superficial knowledge of the subject, are of course
praiseworthy. But how much better it would have
been had the chairman of the committee on railroads
obtained some practical knowledge of the subject before his appointment, instead of being obliged to study
it when he should be digesting proposed legislation.
The question as to how far and in what ways the
government should control railway corporations is
one upon which every citizen must decide, and upon
his intelligent decision depends the most extensive
interests. This book will assist materially in gaining
some insight into the difficulties, though, as the author says, it is not intended to be exhaustive. The
discussion proper is divided into two parts - The
Legal Aspects of the Question, and the Economic
Aspects of the Question. Following this is an analysis of the provisions of the Interstate Commerce
Act, and a discussion of its effects, and a consideration of the relation of express traffic to the rail ways.
A railroad in the first instance sustains the same
relation to the government that any other public
highway does. It is a means of communication between distant places, built for the public convenience,
and constructed by the exercise of functions that
inhere in the community as a whole, and cannot be
granted or abandoned to private individuals or corporations. This primary view of the subject is,
however, confused by the peculiar conditions of
transportation by railway. - The most important of
these conditions arises from the fact that a common
occupation of the rail roadway is not possible in the
same manner that an ordinary road is subject to com 1 The Public Regulation of Railways. By W. D. Dabnmy. G. P. Putnam's Sons. New York and London:
x889.
mon occupation. Practically, the carrying service must be performed by one company. But
in any scientific consideration of the subject, the
distinction between the ownership of the road
and the service performed in transporting persons
and merchandise over it must be borne in mind.
The powers of the legislature over railroads are
discussed by Mr. Dabney somewhat briefly, but
with sufficient completeness to give a general idea of
the basis of such control. The subsequent chapt ers
on the limitations of government control, arising from
the charters of the roads and from the private property rights of the owners of the roads, are but elaborations on the ideas of this first chapter. Generally
expressed, the power of the legislature depends on
the public character of the railroad, and may extend
to those features of the business relating to this public character. The limitations arising from the
charters of the roads depend upon the principle that the charter is a contract between the
government and the corporation. But this limitation has in most cases been reduced to the
smallest proportions by the reservation to the legislatures of most States of power to amend, alter or,
repeal the charters. The limitations arising from the
private rights of owners are simply the negative of the
legislative powers. In so far as the business is public in character, legislative control is possible; in so
far as it is private, such control is legally impossible.
The powers of the government being thus established,
the question of the policy of the exercise of thiese
powers arises, and this is purely an economic question. The economic aspects of the problem are discussed with understanding, though with the brevity
made necessary by the scope of the work. In the
discussion of the Interstate Commerce Act, the author criticises the long and short haul clause, for
favoring the stronger lines at the expense of the
weaker; but the subject of pooling receives inadequate treatment, the possibility of the prohibition
being defeated by the formation of a railway trust
being the most important suggestion regarding this
aspect of the problem. As has been said, the book
is simply introductory to the subject, but it is a good
introduction, and one that will repay perusal.
446
[April,