372 THE POPULAR SCIENCE MONTHLY. 



legislation which encouraged the construction of the second line, 

 under the false pretext to the public that it would serve as a com- 

 peting route, has really imposed upon the people the expense of 

 supporting two railroads when their interests could be as well or 

 better served by the support of one. The "West Shore, Nickel Plate, 

 and other lines were practically built for the purpose of sale to the 

 old roads which they paralleled and threatened with ruinous com- 

 petition, and, as in the first instance named, the people living along 

 those lines are now compelled to pay for the maintenance of two 

 railroads, while for all practical purposes they derive benefits from 

 only one. Is it not evident that the construction of railroads in 

 excess of commercial needs must entail a loss upon the investors 

 or an additional cost to shippers ; and so long as this unbalanced 

 state exists the railroad companies can only be saved from losses 

 by pooling with, purchasing, or gaining control of competing lines, 

 and thereby throw the cost upon the people ? Or if the latter, 

 through legislation, the verdicts of their juries, and interpreta- 

 tions of their courts, can thwart such combinations, purchase, or 

 control, then the full force of vicious legislation will be shifted to 

 the railroads, and as investments those properties will be ruined. 



The rights and obligations of railway companies and the public 

 meet and harmonize at the point where, the facilities provided be- 

 ing ample for the business, the amount of traffic is sufficient to 

 make a low cost of service remunerative to the investors ; but this 

 desideratum can not be attained by legislating to preserve rail- 

 road properties by restricting competition and legalizing pools, 

 nor by anti - pooling clauses to foster competition ; it will only 

 come through the repeal of the disturbing laws which by stimu- 

 lating the construction of railroads polarized interests which nat- 

 ural adjustments made identical ; but normal adjustments are 

 impossible so long as laws exist which offer advantages to the 

 investor other than the natural and legitimate profits of the in- 

 vestment. 



Let general railroad laws be repealed, and, before the legislative 

 authority to exercise the right of eminent domain is extended to 

 a railway company, let the public necessity for the construction 

 of a railroad be fairly shown and affirmatively proved as required 

 by the common law. 



Is the present demoralization to be wondered at when, in most 

 of the States, charters granted under general laws are deemed as 

 prima facie evidence of the public necessity, although railroads 

 so chartered may be projected side by side with those having 

 facilities not half employed ? 



Not uncommonly it is claimed that the railroads have made 

 the country what it is, but is it not equally true that the country 

 has made its railroads what they are ? The two statements com- 



