d by the courts without a hearing. It became thus
unquestionably a commission of "the strong type." It began to exercise
its new powers with vigor, and the carriers reluctantly accepted its
authority. Responsive to a calmer but insistent popular demand
further amendments were made by the Mann-Elkins Act of 1910,
which strengthened the long-and-short-haul clause, and gave to the
commission, among other new powers, that of suspending new rates
proposed by carriers. A special Commerce Court of five judges was
created with exclusive jurisdiction in certain classes of railroad
cases, but this was abolished after a short trial.

It cannot be said that a final satisfactory solution of the railroad
problem has been attained; indeed, in most human affairs such a thing
is unattainable. But it can be said that there is no considerable
sentiment anywhere in favor of reversing the railroad policy that has
been developed, as here briefly outlined. Certainly the public has no
such sentiment, and the railroads, which for many years opposed the
progress of strong federal control, are now foremost in advocacy of
a policy of exclusive national regulation, to remedy the evil of
"forty-nine masters."

Sec. 18. #Public nature of the railroad franchise.# A pretty definite
public opinion regarding the nature of the problem has emerged from
the nearly half-century of experience and discussion, since the
first vigorous agitation of the subject in the seventies of the last
century. Railroads in our country are owned by private corporations
and are managed by private citizens, not, as in some countries, by
public officials. They have been built by private enterprise, in
the interest of the investors, not as a charity or as a public
benefaction. Railroad-building appears thus at first glance to be
a case of free competition where public interests are served in the
following of private interests. But, looked at more closely, it may
be seen to be in many ways different from the ordinary competitive
business. Competition would make the building of railroads a matter of
bargain with proprietors along the line, and an obdurate farmer could
compel a long detour or could block the whole undertaking. But the
public says: a public enterprise is of more importance than the
interests of a single farmer. By charter or by franchise the railroad
is granted the power of eminent domain, whereby the property of
private citizens may be taken from them at an apprai