The Life, Public Services and Select Speeches of Rutherford B. Hayes

by J. Q. Howard

The late commissioner of railroads and telegraphs, in his last able and valuable report, directs attention to a large number of what he terms "clear and palpable violations of law" by railroad companies, which are of frequent occurrence.

In relation to the rates prescribed by law for the transportation of persons and property, he says: "There is not a railroad operated in the State, either under special charter or the general law, upon which the law regulating rates is not in some way violated nearly every time a regular passenger, or freight, or mixed train passes over it."

As to the laws regulating the occupation of streets and alleys by railroad tracks, the speed of locomotives in towns and cities, and railroad crossings, he says that statutes which he regards as wholesome are, "it is notorious, wholly ignored by some companies, and only partially obeyed by others."

He quotes the laws forbidding railroad officials from being interested in fast freight, express, or transportation companies, and from dealing in railroad securities, and adds, that "the violation of these laws is believed to be very common among railroad officials."

The commissioner also gives examples of the "increase or watering of stock" by railroad companies, and remarks, "the foregoing statements are the more striking in view of the fact that the stockholders in the company have been in receipt of regular semi-annual dividends for seven years of from six to ten per cent per annum."

The significance of this remark of the commissioner lies in the fact that the rates which railroad companies may charge for the transportation of passengers and freight may be prescribed by the General Assembly, whenever the net profits amount to ten per cent on the capital actually invested.

The interests involved are of such magnitude that all legislation ought to be based on the fullest and most accurate information which a careful investigation can furnish. I, therefore, recommend that a commission of five citizens, of whom the railroad commissioner shall be one, be organized, with ample powers to investigate the management of the railroad companies of the State, their legal rights, and the rights of the State and its citizens, and to report the information acquired, with a recommendation of such measures as the commission shall deem expedient.

During the past year, the traveling public has enjoyed, in Ohio, remarkable immunity from railroad accidents. According to the reports of the railroad companies to the commissioner, not a single passenger has lost his life by the fault of the railroads in the State during the year. But the number of persons, "other than passengers," and of "employees" who have lost their lives, is quite large. One hundred and fifty-seven persons are reported to have been killed, and it is without doubt that many deaths have occurred which have not been reported. Many of these fatal accidents happened in the streets of towns and cities, and at street and road crossings. It is perfectly practicable to protect citizens from these dangers, by enforcing proper regulations as to the speed of trains, and as to the occupancy and crossing of streets and roads. Your special attention is called to this subject.

One of the most difficult and interesting practical problems which now engages the thoughts of the American people is how to maintain economy, efficiency, and purity in the administration of local affairs, and especially in the government of towns and cities, without a departure from principles and methods which are deemed essential to free popular government. Many of the most important functions of government are in the hands of the local authorities. They are directly charged with the expenditure of large sums of money, with the protection of life and property, and with the administration of civil and criminal justice. These duties, in one way or another, touch nearly and constantly the interests and feelings of every citizen. Upon their faithful performance depends the prosperity, happiness, and safety of the community. It is true that as yet Ohio is happily, in a great measure, free from the operation of causes which in the commercial metropolis of the country recently led to such extraordinary corruption in the government of that city. But those causes do not belong alone to the great cities of the East. They are already at work in our midst, and they are steadily and rapidly increasing in power. No political party is altogether free from their influence, and no political party is solely responsible for them. We have laws prohibiting almost every conceivable official neglect and abuse, and penalties are affixed to the violation of those laws which can not be regarded as inadequate. The difficulty is to secure their enforcement. Those whose duty it is to detect and prosecute are often interested in maintaining good relations with the wrong-doers. The contractors for public work and supplies not infrequently have a community of interest with those who are the agents of the public to let and superintend the performance of contracts. Where these abuses exist there is apt to be a large circle of apparently disinterested citizens, who labor to conceal the facts and to suppress investigation. What the public welfare demands is a practical measure which will provide for a thorough and impartial investigation in every case of suspected neglect, abuse, or fraud. Such an investigation, to be effective, must be made by an authority independent, if possible, of all local influences. When abuses are discovered, the prosecution and punishment of offenders ought to follow. But even if prosecutions fail in cases of full exposure, public opinion almost always accomplishes the object desired. A thorough investigation of official corruption and criminality leads with great certainty to the needed reform. Publicity is a great corrector of official abuses. Let it therefore be made the duty of the governor, on satisfactory information that the public good requires an investigation of the affairs of any public office or the conduct of any public officer, whether State or local, to appoint one or more citizens who shall have ample powers to make such investigation.

If by the investigation violations of law are discovered, the governor should be authorized, in his discretion, to notify the attorney-general, whose duty it should be, on such notice, to prosecute the offenders. The constitution makes it the duty of the governor to "see that the laws are faithfully executed." Some such measure as the one here recommended is necessary to give force and effect to this constitutional provision.