ave
increased with the growth of the railroad system, and nothing short of
the sovereign power can now correct them. It is incumbent upon the state
not only to correct the evils of the past, but to base legislative
control of railroads upon principles so wise and so broad as to endure
for ages, permitting the unlimited growth of the system and at the same
time insuring commercial liberty and prosperity to the generations to
come.
As it is always easier to tear down than to build up, so it is likewise
easier to point out evils than it is to provide proper remedies for
their cure. Almost any one can criticise existing conditions, but it
requires wise and constructive statesmanship to propose practical
measures which will bring about desired improvement. The apparent
magnitude of the work of correcting the evils and abuses connected with
the transportation business, many of which have been in vogue for more
than a generation, has discouraged many from seriously undertaking it.
And yet we shall find the problem by no means a difficult one, if we
properly analyze it and go to the root of the evil. Prof. Bryce, in his
work "The American Commonwealth," refers to the fact that the people of
this country have been equal to the task of solving the gravest problems
which have been presented to them, and we need have no doubt of their
ability to solve the railroad problem. Railroad regulation does not
require the adoption of any new principle of law. If the common law is
rightly applied and provision is made for its strict and systematic
enforcement, it will meet every condition that is likely to arise in the
transportation business. It should always be remembered that the
railroad is an improved highway, and the principal reason for which it
is built is to accommodate the people and promote their welfare, and not
to serve the selfish ends of a few individuals, and that private
companies were permitted to build and operate it only because the State
believed that the public interests could best be served in this way.
It is one of the duties of the State to facilitate transportation by
establishing highways. These highways may be built by the State directly
or through municipalities or even private corporations. Thus, under
authority derived from the State, cities lay out, construct and
maintain streets within their limits. But these streets become public
and are always subject to State control. The same rule applies to
turnpikes
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