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So, with regard to public libraries, it cannot be doubted that they can 

 be made one of the most efficient means of educating the people ; but as 

 conducted, they serve only for their amusement, and are therefore illegiti- 

 mate. The remedy, however, is very simple ; it is rigidly to exclude all 

 books except such as may serve for instruction ; or, to adopt a rough 

 criterion, to exclude, with some extremely limited exceptions, all novels 

 -and light literature. This would reduce the cost of administration per- 

 haps tenfold, and would make it practicable to secure a fair collection of 

 solid works. In these observations, I, of course, do not refer to the great 

 public libraries of the world ; whose main object is to preserve literature. 



The same observation is true, also, with regard to patent rights, the 

 effect of which, instead of being conducive to the welfare of society, has 

 been to divert the genius of men to matters merely material, to the exclu- 

 sion of the higher thought which the moral and intellectual progress of 

 mankind demands. Hence, though I do not doubt it is the function 

 of the State in certain cases to encourage inventions, I am far from the 

 opinion that the exercise of this function in the manner in which it has 

 been exercised has been judicious. 



The functions of the government also undoubtedly extend to the pro- 

 tection, and, in proper cases, to the encouragement of the positive or re- 

 ceived morality of the people ; in which, it cannot be too often said, the 

 life of the community consists, and which is but another name for its 

 civilization. For no fact appears more manifestly on the pages of his- 

 tory than that civilization progesses only when the political morality of 

 the people, to which private morality is essential, is in a healthy state, 

 and that with the degeneracy of its morality the national life becomes 

 extinct. This is illustrated by the communities of Greece, and by the 

 Roman republic, and by all countries of which we have had any account ; 

 and it may be taken, empirically, as a law of human development. 



The mode in which this function shall be performed is another ques- 

 tion. Generally, the true policy is non-interference ; but where a ten- 

 dency to demoralization manifests itself, it is the function of government 

 to remove it ; nor do I doubt that in proper cases it is equally its func- 

 tion to encourage virtuous action, and especially virtuous political action, 

 in its citizens. But as to the practical exercise of the function, it must be 

 confessed that the most formidable source of demoralization has been the 

 example set by the dishonesty of public officials, and by the government 

 itself when acting under the pressure of depraved popular opinion 

 (" Civiuni ardor prava jubentium "). 



With regard to railroad corpoiations, and other transportation com- 

 panies, in view of their enormous and resistless influence over the rights 

 and interests of citizens, it cannot be doubted that it is a function of the 

 government to regulate their charges and mode of operation ; and such, 

 accordingly, is the doctrine of our courts. And if no means of regula- 

 ting them can be devised, and no other mode can be suggested, it is even 

 true that the rights of the community would require the government 



