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the legitimate fruit of indiscriminate railway building and offers the only escape from the conditions such practice engenders. I shall show that, while it is assumed that rates may be based progressively or otherwise on distance, the enforcement of such a principle would restrict the source of supply, and, in so far as this was the case, render great markets or centers of industry impossible." Speaking of the importance of the railroad, Mr. Kirkman says: "Superseding every other form of inland conveyance, it determines the location of business centers, and vitalizes by its presence, or blasts by its absence." He contends that rigid and scrutinizing supervision should be exercised by the Government over the location of railroads, and that only such lines should be permitted to be built as afford reasonable grounds for profitable enterprise. "It should be," he says, "an axiom in our day that a government that permits or encourages the construction of two railways where one would suffice is, to the extent that it does this, a public nuisance." Mr. Kirkman here makes it the duty of the Government to arbitrarily meddle with railroad affairs. He would give the Government the power to determine when and where an additional railroad is needed, and to prohibit the construction of any new road that has not the Government sanction. The interests of a thousand towns might suffer for want of adequate transportation facilities, individuals and communities might be anxious to build their own lines for the development of local resources, but all railroad enterprise is doomed to a standstill until a conservative governmental commission has been entirely satisfied that a prospected road will pay and not deprive existing roads of any part of their revenue. There can be no doubt that if such a policy were ever adopted in America, few roads would be built without having first passed the ordeal of a legal injunction, and many a prospected road, though greatly needed, would remain unbuilt because its promoters would be discouraged by the delay and cost of litigation. But while this author is perfectly willing to trust the Government with the great responsibility of prohibiting the construction of proposed roads, he is not willing to have it exercise the power to determine what are reasonable rates. He tries to sustain his objection by the following argument: "The fixing of rates upon a railroad
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