what harm such a combination could do to the public
at large. It is a public evil to have on the
statute books a law incapable of full enforcement because
both judges and juries realize that its full enforcement
would destroy the business of the country; for the
result is to make decent railroad men violators of
the law against their will, and to put a premium on
the behavior of the wilful wrongdoers. Such a
result in turn tends to throw the decent man and the
wilful wrongdoer into close association, and in the
end to drag down the former to the latter’s level;
for the man who becomes a lawbreaker in one way unhappily
tends to lose all respect for law and to be willing
to break it in many ways. No more scathing condemnation
could be visited upon a law than is contained in the
words of the Interstate Commerce Commission when, in
commenting upon the fact that the numerous joint traffic
associations do technically violate the law, they
say: “The decision of the United States
Supreme Court in the Trans-Missouri case and the Joint
Traffic Association case has produced no practical
effect upon the railway operations of the country.
Such associations, in fact, exist now as they did
before these decisions, and with the same general effect.
In justice to all parties, we ought probably to add
that it is difficult to see how our interstate railways
could be operated with due regard to the interest
of the shipper and the railway without concerted action
of the kind afforded through these associations.”
This means that the law as construed by the Supreme
Court is such that the business of the country can
not be conducted without breaking it. I recommend
that you give careful and early consideration to this
subject, and if you find the opinion of the Interstate
Commerce Commission justified, that you amend the
law so as to obviate the evil disclosed.
The question of taxation is difficult in any country,
but it is especially difficult in ours with its Federal
system of government. Some taxes should on every
ground be levied in a small district for use in that
district. Thus the taxation of real estate is
peculiarly one for the immediate locality in which
the real estate is found. Again, there is no
more legitimate tax for any State than a tax on the
franchises conferred by that State upon street railroads
and similar corporations which operate wholly within
the State boundaries, sometimes in one and sometimes
in several municipalities or other minor divisions
of the State. But there are many kinds of taxes
which can only be levied by the General Government
so as to produce the best results, because, among
other reasons, the attempt to impose them in one particular
State too often results merely in driving the corporation
or individual affected to some other locality or other
State. The National Government has long derived
its chief revenue from a tariff on imports and from
an internal or excise tax. In addition to these
there is every reason why, when next our system of