Some Grounds For Encouragement In The Railway Situation An Address Before The Transportation Club of Indianapolis March 31, 1911 i By FAIRFAX HARRISON President Chicago, Indianapolis & Louisville Railway Co. Digitized by the Internet Archive in 2015 https://archive.org/details/somegroundsforenOOharr 1932 SOME GROUNDS FOR ENCOURAGEMENT IN THE RAIL- WAY SITUATION. It is with some hesitation that I venture to avow that there are cheerful views on the railroad situation today, because there are so many difficulties surrounding the management of railroad property as almost to justify a railroad officer in becoming a confirmed pessimist. But leaving for the moment to others the rehearsal of the difficulties, it may be well to look for portents of good omen. Fortunately, the railway horizon is not altogether black. Even in the decision of the great rate case, which brought bitter disappointment to many railway managers who, with confidence, had expected from it some measure of relief from their immediate responsibility — even in that disappointment there are grounds for encouragement. In one vital respect that great controversy has accomplished something for the railways which has never before been possible. The very importance of the questions involved and the theory on which the case was presented required the Interstate Commerce Commission to make a thorough examination of the financial condition of all the railways of the United States. The result was impressive. With opportunity such as no one ever has had before, not even the great banking houses, and after months of careful and serious investigation, the accredited experts of the government in railway matters — the In- terstate Commerce Commission — came to the conclusion and certified to the world that under existing conditions the American railways are financially sound. Think what this means to the doubtful investor. No industry seeking- capital, with the single exception of the national banks, has ever had such a certificate. One could now almost endorse on a new issue of bonds “Security approved by the United States.” Furthermore, because responsible and harried officers of the railways, doubtful of the solution of their immediate and pressing problem of prolonging successful management, had testified that the railways should have additional revenue if they are to grow and prosper, the Interstate Commerce Commission added the assurance that, if the time shall come when such a view shall be demonstrated to be imme- diately apparent, they (the Commission) will exercise the power which the law vests in them and permit such advances of rates as may be necessary to maintain the sound financial condition which they certify now exists. Let us consider for a moment what is the import of this declaration and solemn covenant. Every successful railroad in the country must continue to grow. A railroad which is 1 not a progressive railroad is a dead railroad. The American people have been wont to look to the railways to lead in promoting and encouraging new industry, for there is no industry in which they are not partners. As the volume of the business grows the railways; must expand and in our Jack’s bean stalk civilization such expansion will always be too rapid to admit of providing the necessary money out of the accumulated railway income, be it never so conservatively administered. The railways must, therefore, be forever calling for new capital, and that they can now do and point to a definite assur- ance that the national government will foster and protect the capital so invested. It was almost worth the disappointment over the ad- verse decision in the rate case to realize this. Gentlemen, the railways of the United States are not ruined by the rate decision, but it has in truth called on them for a tremendous new effort. The most important ground for encouragement today is the fresh stimulus which has been given to the study and practice of efficiency in railroad operation, for we still hope to overcome our dif- ficulties by self help rather than through enfeebling dependence upon a government guaranty. I do. not now refer to or advocate the theory or the application to the railways of the so-called “scientific management” which has lately been bruited over the land. Whatever may be accomplished by such means in individual industrial functions, we may safely assume that “scientific management,” as the term is currently used, will never be practiced in the broad and complicated problem of rail- road operation. The representatives of organized labor at the recent hearings before the Interstate Commerce Commission spoke the final word of impossibility to any such expectation when they said that American labor would never submit to the mechanical limitations of those methods. Nevertheless, there is an increased efficiency of method which can be practiced and which will go far to accomplish the salvation of the American railways which are today operating on a narrow, and hitherto ever narrowing, margin between the lowest rates in the world and the highest wages in the world. It may be admitted that many of the methods of current railway operation are wasteful, but the railways do. not stand alone convicted of this serious indictment. As a people we are the most wasteful civilization has ever seen. It is an evidence of our youth. We use our . natural resources as a child plays with his Christmas toys, with hectic attention now to this, now to that, and so little care or forethought 2 that at the end of Christmas day many of the gew-gaws are broken and destroyed. It has been so with our forests. The state of Indiana, once almost entirely forest, stands, scarcely a century since the first considerable immigration, practically denuded of native lumber sup- ply, so that her railways are buying their crossties in Northern Michi- gan and in Mississippi. We still see rotting fences of walnut rails to testify to the exuberance of the original timber and the waste of the pioneers. This beautiful city of Indianapolis would today be still more beautiful if only one in a hundred of the great trees were still standing which once made a canopy over its site. It will be recalled that the city was laid out in 1821 in a dense forest. Says Mrs. Lever- ing in her delightful “Historic Indiana”: “After Indianapolis actually became the seat of government, the authorities, being anxious to have the streets opened up, gave the magnificent timber, in what is now Washington street, to the con- tractor for removing it. After the trees were felled there were no mills to cut them up and no demand for lumber, so the logs were rolled up in piles and burned, to the loss of the contractor and the regret of later generations. Great sugar groves occupied the ground where the Soldiers’ Monument now stands and where the State House is situated.” What has become of the reservoir of natural gas which so short a time ago was one of the glories of Indiana? It would be merely painful to ask if it has been efficiently conserved and distributed. Waste is the characteristic, also, of our agriculture. Rejoicing- in a soil than which there is no richer in the world — the deep, black humus filled area of the corn belt — many Indiana farmers go on rob- bing the land of its fertility with crop after crop, and little thought for the future. They have always believed that if the incredible should become the actual and their land should no longer yield, they could pull up and go West, as their fathers 'came to Indiana, to a promised land where virgin soil forever awaits the plough. Even today, when the Census tells us how many farmers have so emigrated, and there appear to be limits even to the hospitality of the West, we see too few Indiana farmers conserving what they have by keeping cattle and feeding on their land at least a part of the abundant corn crop ; i ' and at this season of the year we even see the farmer burning in the field the fodder which might have carried some young cattle over the winter. We are wasteful, too, in our personal habits of extravagance. Senator McCumber of North Dakota put this very well and forcibly in Congress the other day when he rehearsed what the farmer, so frugal at home, spends for a day in New York. Here is his list of expenses measured by farm produce : Cab to hotel. 6 bushels of oats. Tip to driver 15 cabbages. Tip to elevator boy 2 dozen eggs. Tip to bell boy \y% bushels of barley. Breakfast .' R 2 ton of hay. Tip to waiter.. 2 bushels potatoes. Luncheon 1 sheep. Tip to waiter iy 2 bushels of carrots. Dinner 4 bushels of rye. Tip to waiter 1 bushel of onions. Room Half a car of turnips. So in confessing that American railway practice has been wasteful the railway man simply takes his place beside his fellow citizens in other walks of life, but there is an economic pressure on him which no other class of-the community has yet felt, and this has been teach- ing us since the panic of 1907 that we must learn to practice efficient economy in railway operation. Mr. Brandeis has undoubtedly quickened this study by quoting so publicly and so dramatically as to arrest the attention of the nation, the extravagant claim of one of the efficiency engineers that the railways might save a million dollars a day by adopting his particular panacea. While little serious con- sideration has been given to this claim, it is a fact that since Mr. Brandeis sounded his clarion, many responsible railway managers, who had some difficulty in restraining their immediate indignation at the impertinence of the assertion, have been looking about with renewed energy to see where they can institute greater efficiency of operation. Men who have reached the top because they have been more efficient than their fellows are now taking up their belts another hole and asking questions which have set many a subordinate forward to a realization that he is spending money unnecessarily to accom- plish his particular stint of work. If the operating offices are studying more closely their unit costs today, it may not be considered inopportune to question whether the traffic officers may not with profit study the efficiency of their methods also. One can fairly ask whether rate making as practiced today is as efficient or as systematic as it might be. It has been well said, in explanation of the apparent lack of system, that railroad rate making is not a science, but, like any other price making, is an art. But this statement will not justify beyond criticism our present methods of making rates. Artists are notoriously given to vagaries, and, yielding to no one in admiration for what is perhaps the best equipped set of men in the railway service — the traffic managers— it must be admitted that there has not been much technique in their practice of the art of rate making in the past. They have seldom based their rates on prin- ciple ; they have sought chiefly to secure tonnage and move it, and they have, out of very human necessity and temptation, made many compromises under the exigencies of competition, which have resulted in the present low basis of rates. Every shipper knows that he has secured the reduction of more rates from the traffic manager than from the railroad commissioner. It is doubtful whether any current rate between competitive points can be analyzed to principles ; usually it is the result of transportation and commercial history, and as little represents the “value of the service” as it does the theory of “what the traffic will bear.” But hereafter under government regulation the rate maker must base his work upon principle, and while probably he can never, under our American conditions, create a strict science of rate making, he can promote the art into a profession. A profession is the practice of individual initiative under established rules ; the lawyer shapes and weaves the settled rules of the law to meet new facts and condi- tions under the regulation of the courts. The surgeon adjusts his every operation to the sudden emergen cy, but always within the limitation of the binding etiquette of his profession. Both lawyer and doctor draw on science, the recorded theory of the philosopher, and both use art in the particular application, but always they can cite a principle for everything they do; and it is in this that a Profession differs from an Art. The great painter is little bound by rules and philosophy; the musician even less; their individual genius flowers differently in every generation. The nightingale cannot tell why he gushes melody. It is possible that the ratemaker in the past has modeled himself more on the nightingale than on the lawyer and the doctor, but it is a cheering promise for the future of American railway prac- tice that the necessity of constantly justifying his rates upon the witness stand is forcing the traffic officer to study, for example, the cost of service as an element of the basis for a rate. It is fair to say that the traffic officer has had peculiar handicaps not of his own making. One of the greatest difficulties he has met in adjusting himself to regulation has been the unfortunate ease with which the lawyers have defended what is sometimes bungling rate making by the terrible plea of confiscation. When, in the case of 5 Smyth v. Ames, the Supreme Court of the United States laid down the principle that there is a minimum below which regulation may not reduce railroad revenue, and restrained, on the ground that they were confiscatory, the maximum rates which the state of Nebraska had sought to impose on the railways, a swarm of injunctions was let loose, like locusts upon the land. Every time governmental author- ity regulated a rate or a system of rates, the railway officers, under the advice of counsel, pulled long faces and pleaded poverty. While in some cases of a general attack upon a whole system of rates it was a sound plea and well taken, in other cases, involving a single rate alone, it was Pickwickian. As a result of the analysis by the Interstate Commerce Com- mission of the financial condition of the railways as a whole, confisca- tion, as a working hypothesis in practical rate making, is likely to be relegated to the limbo of history, to be there reserved for invocation in those rare cases where sudden popular fury seeks to overthrow all constitutional limitation and the very bulwark of property. The study of systematic rate making has been confused also by the will-o’-the-wisp of the Physical Valuation theory. At first it was the popular advocate, the shrewd politician, who seized upon Physical Valuation as a slogan because he had heard so much of watered securities that he believed that a valuation of railway property would afford an automatic excuse for compelling a reduction of rates. But after the first few valuations had been made the shrewd politician dropped that theory like a hot potato. The practice of the railways in the past of putting back into the property so large a proportion of their revenues through maintenance expenses, and the increment of real estate values which the railways claimed equally with the owner of the corner lot, were demonstrated to have run up the physical value of most of the railways, when ascertained by any fair system of appraisal, to a figure which was dangerous to the theory that rates were too high if based solely on physical value. So some railways themselves who at first had opposed physical valuation, seized upon the discard of the politician and promoted it into a ground for an injunction. But probably this plea must now be abandoned also by the railways. The implacable logic of the suggestion that on this theory as values are constantly increasing, rates must also constantly increase, would seem to put an end to rate making on the simple arithmetic of Physical Valuation, for every student of political economy knows that railway rates in the United States, taken by and large, have, through the operation of general economic laws, gradu- ally and steadily decreased. 6 I believe that most traffic officers will be glad to be put to the necessity of justifying their rates by the more difficult appeal to the merits of their handiwork, and so to become practitioners of what will be recognized as a learned profession. It is a cheerful sign of the times also to observe new evidences of increasing efficiency in the practice of the government function of Regulation. A jury empanelled from the general body of citizens is doubtless as well qualified to judge the merits of facts in contro- versy as any human agency; they represent what the poet terms the Common Sense of Most. But when it comes to passing upon the merits of the technical activities of highly organized and sensitive functions like those involved in the operation of a railway, it is not too much to ask that at least a special panel should be drawn for the jury in such cases. Whatever may have been the case in the past, when Regulation was in its infancy, today the government officers who administer the powers of regulation which the state has assumed to exercise, are becoming daily better qualified and more expert in their duties, and as they appreciate the problems of the rail- way officer and learn from personal contact that, like themselves, he is usually a very human man trying to do his duty to those who employ him, and very little of an octopus, they have grown tolerant and, while alert to perform the full measure of their public duty, are increasingly willing to be fair, even when there are strong evidences of momentary popularity to be derived from doing the thing which is unfair. While discussing regulation, I venture to suggest to some of you who are engaged in other industry than railroading, that regulation is not likely to be forever limited to railroads. The railroads have perhaps been through the worst of their experience, and are now almost ready to take their place in the safe and strictly supervised rank of the national banks. In the next few years they will probably be able to view with sympathy the similar subjugation of other branches of industry. The recent decision of the Supreme Court upholding the corporation income tax law has firmly driven in the entering wedge of effective and implacable governmental control of all corporate forms of activity. The system of the social democratic state which regulation of industry involves may thus be enabled to fasten upon all our com- mercial life. It will perhaps next manifest itself in respect of our manufacturers, and it will not be confined to the trusts. The small railroad has been included with the great system and is regulated equally with them; so the logic of regulation will involve the small 7 manufacturer with the great. Perhaps not even the press will escape regulation. Ferdinand Lasalle, who in the middle of the nineteenth century was preaching in Germany advanced social doc- trine, much of which has now matured into political commonplace, included the press in his program of state regulation of business activi- ties. He maintained that the press could be debauched only by the tendency to become not a pulpit of light and learning, but a com- mercial venture, deriving its principal revenue and even some inspira- tion from paid advertisements, and to preserve the freedom of the press he proposed that by law the publication of advertisements should be limited to a government gazette. Recent events in the Post Office Department at Washington imply that this is not impossi- ble, even in the United States. We can then imagine the rural free delivery carrier of the future leaving daily at every vine-clad cottage a pound of Congressional Record encompassed and illustrated by five pounds of advertisement, while the contemporary muckraking maga- zine will be clad in the consciousness of the rectitude of its intentions and will bear on the modest cover of its slender proportions the image of a fig leaf. The day - of the Manchester school and hisses faire is gone. The day of the social democratic state is dawning. Personally, I do not repine at the change, although I have been educated in the school which thrilled with the achievements of unregulated capital. I do not mean to laud the mere sudden acquisition of great and vulgar wealth by individuals, but, regarding that as an incident to the national increment of strength and power through the development of the national domain, the period through which we have lived and which is now drawing to a close has witnessed superb daring and skill and courage on the part of our captains of industry. It is they who have made our vast country blossom where it was wilderness. It is they who have accomplished for the United States what every nation of the world seeks ardently as an assurance of existence— a steady increase of population — by providing through their activities the compelling allure for immigrant labor. In fine, they must be chiefly credited with those industrial triumphs which brought our country in the brief period between the Civil War and the Spanish War to a commercial position which has challenged the political and military respect of the entire civilized world. Perhaps we grew too fast, but we grew nevertheless, and that growth was due in no small measure to the methods of the men who dared and in daring did, as most adventurers do, things which a subsequent and more intense civilization cannot approve. 8 The railwa} 7 s of the United States are part of the achievement of these men and they have suffered a terrific economic upheaval to pay for their sins. Though the consequent struggle for the con- tinued existence of the regime of private ownership and initiative is not yet finished, I venture to believe that the railways may still work out their salvation, but only if they will bend their energies more to increasing the efficiency of their methods — to intensive cultivation of their opportunities — than to resistance of decrees which organized society has determined to enforce upon them. Facing, then, the inevitable and changing front, as the world did after the battle of Waterloo, it is the duty of railway officers of every rank today to adjust themselves to the new conditions and accom- plish in their profession a new achievement of which hereafter the American people can be as proud as they now are of the marvel of the construction of the railways in the generation which is dead. It is no time to lament the past or recriminate the inevitable. If it is a time of adversity it is the more a time for courage and cheer- fulness, like that of Paul Jones on the Bonhomme Richard , when his ship riddled and his masts shot away, his flag at last fell to the bloody deck. “Have you struck?” called the English captain, and Paul Tones replied with a voice of thunder: “Sir, I have just begun to fight !” Every schoolboy knows what was the result, and every school- boy will know what the American railways can do in similar plight. 9