The director-general should have the power, when he has proof that a railroad manager is persistently violating the law, to remove him and to appoint a receiver to take charge of the road until its owners can make provision and furnish sufficient guarantee for a more responsible management. Such a procedure would not be without analogy in the sphere of Federal authority. The Comptroller of the Currency is authorized by law to remove the derelict officials of a national bank and place its business in charge of a receiver. The beneficial effect of this provision is evinced in the extreme rareness of such a step. When railroad managers are held responsible for their own official acts, as well as for those of their subordinates, and when all railroad transgressions are visited upon their source in such a manner as to be remembered by the stings of disgrace and of a blighted career, unfaithful railroad managers will be extremely rare.
The plan here outlined is of course capable of being greatly improved. Experience only is a reliable guide as to the merits of the various details of such a system of control. What is needed above all things is a beginning, the establishment of the principle of complete control of railroad transportation by the State and the Nation. When this step is once taken, the friends of railroad reform may safely trust to time for the solution of the subordinate questions of this important problem.
By thorough State and Federal supervision of the railroad business many of the present abuses can be prevented. But the temptations of railroad managers to violate the law will continue to exist as long as the speculative element is permitted to remain in railroad securities. To remove the fountain-head of the evil eventually, the way should gradually be paved for a change in railroad organization and ownership which would also greatly increase the responsibility and efficiency of railroad management. In the beginning of the railroad era, nearly all, and not unfrequently all the capital needed for the construction of a new line was supposed to be furnished by the company's stockholders. But as it often happened that the cost of construction considerably exceeded the original estimate, the State authorized railroad companies to mortgage their property for the purpose of raising the money necessary to complete the road. In time this provision of the law was taken advantage of by speculative stockholders to such an extent that roads were often bonded for the full amount necessary to construct them, and even for more, while the stock was issued simply as a bonus to the promoters and the bondholders of the road. But as the bonds and shares scarcely ever remain in the same hands, such a condition was eventually brought about that roads were controlled by those who had little or nothing invested in the enterprise, and their real owners were deprived of all influence in their management, retaining only the right to foreclose their mortgages when things came to the worst. It is evident that men who have only a speculative interest in property cannot have the same concern for its permanent value and prosperity as those who hold it as a permanent investment. Many of the railroad abuses of the past had their origin in the law permitting the bonding of railroad property. Were it desirable to make a property for the sole use and convenience of speculators and gamblers, a better scheme could hardly be devised than the present system of our railroad organizations. Were railroad companies organized like national banks, were each shareholder required to pay the full amount of the face value of his shares, and were mortgaging railroad property entirely prohibited, it is not likely that the proportion of bankrupted railroads would be any larger than that of bankrupted banks. Few, if any, railroads would be built for purely speculative or blackmailing purposes.
Capital is naturally conservative, and speculation is only invited where the chances of gain are greatly out of proportion to the capital invested. Were the principle of ownership which applies to national banks and other well regulated corporations also applied to the railroads, and were bonds entirely abolished, only such persons would by the shareholders be placed in charge of their property as could give to them the best assurance of honest and conservative management. Such a change would greatly increase public confidence in, and the value of, railroad securities, and would eventually place them above bank stock as desirable investments. With the great fluctuations which under present circumstances obtain in railroad stocks, these securities are regarded as unsafe and unsatisfactory investments by conservative people. During a period of less than twelve months in 1891 and 1892 the stock of the Atchison, Topeka and Santa Fe fluctuated from 28-1/2 to 43-1/2, or 53 per cent.; that of the Chesapeake and Ohio from 15-1/4 to 25-7/8, or 70 per cent.; of the Chicago and Northwestern from 101 to 118, or 17 per cent.; of the Chicago, Saint Paul, Minneapolis and Omaha from 20-1/2 to 38-1/2, or 88 per cent.; of the Chicago, Milwaukee and St. Paul from 48-3/4 to 78-1/2, or 61 per cent.; of the Iowa Central from 6-1/2 to 13, or 100 per cent.
If we look over the stock quotations of the past ten or twelve years we find still greater fluctuations. The following table, taken from the United States Investor, shows the range of prices of a few of the principal stocks during this period:
And such fluctuations have always been rather the rule than the exception. It is a gross outrage upon the investing public to let this state of affairs continue. It should be corrected without delay.
How many high officials in charge of railroad property will under these circumstances resist the temptation to speculate in the stock of their companies, and, so long as it is permitted, how many will resist the temptation to adopt such policies in the government of their roads as will cause such fluctuations? It is a common report that it is not an unfrequent occurrence for Senators and members of Congress to receive information from railway officials that enables them to raise their campaign funds by speculation in Wall Street.
Mr. Henry C. Adams, statistician of the Interstate Commerce Commission, says in his third annual report:
"It certainly appears ... that the motive for ownership in railroad stock is quite different from the ordinary motives which lead men to invest in corporate enterprises, thus presenting an additional proof that railways are a business not subject to ordinary business rules."