ent to an extent quite beyond
what is generally understood by those who suffer from it.
The prejudice is inevitable, and not at all unreasonable
when it is seen, as it very often is, that these drains
result from an unjust discrimination against the public or
some portion thereof, that they are of a character that
ought to need no law and no criminal or other penalties to
put them under the ban of condemnation in every office of
railroad management.

"I take the liberty of adding one more thought: that the
more perfect is railroad legislation, the less we shall hear
of transportation by rail being made a Government function,
the General Government making purchase of all the roads and
entering upon a course which will lead we know not where or
into what disasters."

There has been during the past twenty years a tendency in a majority of
the States to place the local control of railroads in the hands of
executive boards, usually styled "railroad commissioners." Previous to
this period the various States relied solely upon legislation for the
regulation of the transportation business, but in time they became
convinced that such laws were inoperative for the want of an enforcing
power. It was found that the individual shipper was unable to cope with
a powerful company and usually would rather suffer wrong than to enter
into a contest which nearly always resulted in great pecuniary loss to
him. On the other hand, it was apparent that if the claim of the
individual were pressed by a railroad commission, even though such a
body had but limited powers, it would, under ordinary circumstances, be
honored, provided it was meritorious; and if the commission was
compelled to enforce a demand through the courts, it would have the
support of the State to poise the wealth and power of the corporation.

The term "railroad commissioner" in the United States is nearly as old
as the railroad itself; but the first officials bearing that title were
merely successors to the turnpike commissioners of yore; their duties
consisted chiefly in supervising, passing or reporting upon the
construction and condition of the highway.

The first railroad commission, in the present acceptation of the term,
was created in the State of Massachusetts, in 1869. The commission
consisted of three persons, whose principal duty was to "make an annual
report to the General Cou