So far as I know, this course has never been pursued except in one instance, and that is the present war between the Gould and Mackay cables. The Gould system had been charging from sixty to eighty cents a word, and the Mackay system charged forty. Then the old monopoly tried to induce the rival to put the prices back to sixty. The rival refused, and thereupon the Gould combination dropped to twelve and a half, for the purpose of destroying the rival. The Mackay cable fixed the tariff at twenty-five cents, saying to its customers, "You are intelligent enough to understand what this war means. If our cables are defeated, the Gould system will go back not only to the old price, but will add enough to reimburse itself for the cost of destroying us. If you really wish for competition, if you desire a reasonable service at a reasonable rate, you will support us." Fortunately an exceedingly intelligent class of people does business by the cables. They are merchants, bankers, and brokers, dealing with large amounts, with intricate, complicated, and international questions. Of necessity, they are used to thinking for themselves. They are not dazzled into blindness by the glare of the present. They see the future. They are not duped by the sunshine of a moment or the promise of an hour. They see beyond the horizon of a penny saved. These people had intelligence enough to say, "The rival who stands between us and extortion is our friend, and our friend shall not be allowed to die."
Does not this tend to show that people must depend upon themselves, and that some questions can be settled by the intelligence of those who buy, of those who use, and that customers are not entirely helpless?
Another thing should not be forgotten, and that is this: there is the same war between monopolies that there is between individuals, and the monopolies for many years have been trying to destroy each other. They have unconsciously been working for the extinction of monopolies. These monopolies differ as individuals do. You find among them the rich and the poor, the lucky and the unfortunate, millionaires and tramps. The great monopolies have been devouring the little ones.
Only a few years ago, the railways in this country were controlled by local directors and local managers. The people along the lines were interested in the stock. As a consequence, whenever any legislation was threatened hostile to the interests of these railways, they had local friends who used their influence with legislators, governors and juries. During this time they were protected, but when the hard times came many of these companies were unable to pay their interest. They suddenly became Socialists. They cried out against their prosperous rivals. They felt like joining the Knights of Labor. They began to talk about rights and wrongs. But in spite of their cries, they have passed into the hands of the richer roads—they were seized by the great monopolies. Now the important railways are owned by persons living in large cities or in foreign countries. They have no local friends, and when the time conies, and it may come, for the General Government to say how much these companies shall charge for passengers and freight, they will have no local friends. It may be that the great mass of the people will then be on the other side. So that after all, the great corporations have been busy settling the question against themselves.
Possibly a majority of the American people believe to-day that in some way all these questions between capital and labor can be settled by constitutions, laws, and judicial decisions. Most people imagine that a statute is a sovereign specific for any evil. But while the theory has all been one way, the actual experience has been the other—just as the free traders have all the arguments and the protectionists most of the facts.
The truth is, as Mr. Buckle says, that for five hundred years all real advance in legislation has been made by repealing laws. Of one thing we must be satisfied, and that is that real monopolies have never been controlled by law, but the fact that such monopolies exist, is a demonstration that the law has been controlled. In our country, legislators are for the most part controlled by those who, by their wealth and influence, elect them. The few, in reality, cast the votes of the many, and the few influence the ones voted for by the many. Special interests, being active, secure special legislation, and the object of special legislation is to create a kind of monopoly—that is to say, to get some advantage. Chiefs, barons, priests, and kings ruled, robbed, destroyed, and duped, and their places have been taken by corporations, monopolists, and politicians. The large fish still live on the little ones, and the fine theories have as yet failed to change the condition of mankind.
Law in this country is effective only when it is the recorded will of a majority. When the zealous few get control of the Legislature, and laws are passed to prevent Sabbath-breaking, or wine-drinking, they succeed only in putting their opinions and provincial prejudices in legal phrase. There was a time when men worked from fourteen to sixteen hours a day. These hours have not been lessened, they have not been shortened by law. The law has followed and recorded, but the law is not a leader and not a prophet. It appears to be impossible to fix wages—just as impossible as to fix the values of all manufactured things, including works of art. The field is too great, the problem too complicated, for the human mind to grasp.
To fix the value of labor is to fix all values—labor being the foundation of all values. The value of labor cannot be fixed unless we understand the relations that all things bear to each other and to man. If labor were a legal tender—if a judgment for so many dollars could be discharged by so many days of labor,—and the law was that twelve hours of work should be reckoned as one day, then the law could change the hours to ten or eight, and the judgments could be paid in the shortened days. But it is easy to see that in all contracts made after the passage of such a law, the difference in hours would be taken into consideration.
We must remember that law is not a creative force. It produces nothing. It raises neither corn nor wine. The legitimate object of law is to protect the weak, to prevent violence and fraud, and to enforce honest contracts, to the end that each person may be free to do as he desires, provided only that he does not interfere with the rights of others. Our fathers tried to make people religious by law. They failed. Thousands are now trying to make people temperate in the same manner. Such efforts always have been and probably always will be failures. People who believe that an infinite God gave to the Hebrews a perfect code of laws, must admit that even this code failed to civilize the inhabitants of Palestine.
It seems impossible to make people just or charitable or industrious or agreeable or successful, by law, any more than you can make them physically perfect or mentally sound. Of course we admit that good people intend to make good laws, and that good laws faithfully and honestly executed, tend to the preservation of human rights and to the elevation of the race, but the enactment of a law not in accordance with a sentiment already existing in the minds and hearts of the people—the very people who are depended upon to enforce this law—is not a help, but a hindrance. A real law is but the expression, in an authoritative and accurate form, of the judgment and desire of the majority. As we become intelligent and kind, this intelligence and kindness find expression in law.