tion of the roads under
its jurisdiction should be such as are least likely to lead to a
conflict with Federal authority, and experience has shown that the
authority of the General Government and that of an individual State over
a railroad company, which is incorporated under the laws of the latter,
but is engaged in interstate commerce, may be so harmonized as to avoid
conflicts between the two sovereignties without any great sacrifice of
power on the part of either. Judge Cooley said recently in reference to
regulation by National and State commissions:
"There is no good reason in the nature of things why the
conformity should not be complete and perfect. It is
remarkable that up to this time there has been so little--I
will not say of conflict, but even of diversity of action
between the National and State commissions. Indeed, I recall
no instance at this time when anything done by the one has
seemed to me to afford just ground for complaint by the
other. This may justly be attributed to the fact that there
has been no purpose on the part of either to do any act that
could afford ground for just complaint on the part of
managers of the business regulated and no desire to do
anything else than to apply rules of right and equality for
the protection of the general public. The aim of all
regulation ought to be justice, and when it is apparent that
this is the purpose of the several commissions, the railroad
managers of the country may more reasonably be expected to
cooperate with them much more generally than they do now. If
these managers were to come generally and heartily into more
full and complete recognition of the rules of right and
justice that the law undertakes to lay down for the
performance of their duties in their management of the great
interests they represent, there cannot be the least doubt
that the general result would be, not only that their
service to the public would be more useful than it is now,
but that the revenues derived from their business would be
materially increased through the cutting off of many of the
drains upon them, which now, while affecting injuriously the
returns they can make to their stockholders, at the same
time have the effect of prejudicing the mind of the general
public against railroad managem
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