TRANSPORTATION 83 



of public order; to avert and suppress these dangers becomes a public 

 duty. Finally, any transportation passes beyond the boundaries 

 of the single states and causes international relations which must be 

 treated in legal form. Thus the public right, the right of transporta- 

 tion, and the international right of institutions of transportation, 

 has grown in the same measure as the increased communication. 



Scientific treatment of the public right of transportation began 

 in Germany by the Cameralists of the eighteenth century, placing 

 besides, many older technical treatises on ways and communication, 

 new discussions in which this topic is considered from the point of 

 view of the administration of the state. 



So did Justi in 1760 1 and Sonnenfels in 1798. 2 In the first half 

 of the nineteenth century transportation is treated as subject of 

 public administration, partly in the works on public administration, 

 partly in those on state's right, partly in those on political economy. 

 Only since 1850 the right of administration has become an inde- 

 pendent science under the influence of the great German authors, 

 Mohl, Gneist, and Stein. This science has to establish the laws on 

 whose observation the solution of the problems of the state are based. 3 

 One of these problems is the care of the necessary ways and institu- 

 tions of transportation, as far as these cannot be cared for by private 

 economic activity without detriment to the whole. 



But also where this is the case, it agrees with our modern concep- 

 tion of the duties of the state, that it controls and supervises trans- 

 portation. The maintenance of roads was forever the duty of the 

 public corporations. Already the Franconian kings, especially the 

 Carolingians, displayed an energetic activity in building highways, 

 and the law-books of the Middle Ages contain regulations concern- 

 ing their width and the conduct of travelers on the highways. The 

 communities and markgenossenschaften provided the roads for imme- 

 diate neighborly intercourse. The large roads, the king's highways, 

 passed over to the ruler of the country, who used them in fiscal inter- 

 ests and acquired in them a " regal," the privilege to employ them 

 for fiscal purposes. 4 It was a great progress in the development of 

 right that the idea of- the supremacy of the state took the place of 

 the " regal," and thus the administration of the roads was per- 

 formed in the interest of the community. 5 The great juristic ideas 

 on which this administration is based are: (1) That the complete 

 transportation satisfies the claims of a many-sided and free cultural 



1 Aussichtliche Vorstellung dcr gesammten Polizeiwissenschaft, S. 427-435. 



2 Handbuch der innern Staatsverwaltung , S. 229-241. 



3 A systematic treatise of German right of administration appears not earlier 

 than 1883: G. Meyer, Lehrbuch des deutschcn Verwaltungsrechts, followed, 1884, 

 by Loening's Lehrbuch. 



4 Georg Meyer, Verwaltungsrecht, 1. Band, 2. Aufl. 1893, S. 511. 

 6 Stein, VenvaUungskhre, 2. Aufl. 1876, S. 359. 



