marked that 'if all who had offended
against the law were convicted there would not be jails enough in the
United States to hold them.' It is evident that the Government has not
provided adequate machinery for enforcing the law."
Mr. Stickney is correct in his statement that adequate machinery for
enforcement of the law has not been provided, but he does not give
sufficient credit to the law or the commission. While much work remains
to be done, much progress has been made.
He is of the opinion that the public welfare would be furthered if the
National Government assumed the sole control of railroads. He gives his
reasons for the change which he proposes, as follows:
"There are many reasons besides these in the interest of
uniformity which make it desirable to transfer the entire
control of this important matter to the regulation of the
Nation. First, because of its constitution and more extended
sessions, Congress is able to consider the subject with
greater deliberation, and therefore with more intelligence,
than can a legislature composed of members who, as a rule,
hold their office for but one short session of about sixty
days' duration. There would also be removed from local
legislation a fruitful source of corruption, which is
gradually sapping the foundations of public morality.... In
the second place, the problem of regulating railway tolls
and managing railways is essentially and practically
indivisible, by State lines or otherwise, and therefore it
is not clear but that whenever the question may come before
the courts it may be held that the authority of Congress to
deal with interstate traffic carries with it, as a necessary
and inseparable part of the subject, to regulate the traffic
which is now assumed to be controlled by the several States.
The courts have held that the States have authority to
regulate strictly State traffic in the absence of
Congressional action, but their decisions do not preclude
the doctrine that Congress may have exclusive jurisdiction
whenever it may choose to exercise the authority. There is a
line of reasoning which would lead to that conclusion. It
may be that many will not care to follow the lead of the
writer as to the measure of aggregate net revenue which
railway companies are entitled to collect in tol
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