:L¿. The Crux of The Railroad Difficulty By IVY L. LEE ABSTRACT OF AN ADDRESS DEUVERED AT ANNUAL DINNER TRAFFIC CLUB OF NEW ENGLAND ON MARCH 8, 1916 AT THE COPLEY PLAZA HOTEL BOSTON, MASS. The Crux of the Railroad Difficulty The outstanding features of the railroad situation to-day are these: First Many roads are blocked, others are short of cars. The transportation machine is creak¬ ing. Manufacturers and merchants find their profits curtailed because they cannot get goods to market. Second Railroad earnings—both gross and net—are the largest in the history of the country. Third Yet, railroad building has practically ceased. The year 1915 saw less new railroad con¬ struction in this country than in any year since the Civil War, and the beginning of the year 1916 also saw less new track under way than on any New Year's Day in fifty years. That means that double tracking, sidings, etc., necessary to prevent in the future such a congestion as that now prevailing, are not being built. Railroad managers are just as eager as ever to build and improve railroads, and the reason they are not embarking upon great improvement plans, is that they cannot get the money. [3] The Crux of the Railroad Difficulty Fourth Though industrial companies are now ex¬ tending plants and issuing large blocks of securities, it is difficult if not impossible to induce investors to embark in new railroad enterprise. In 1915 out of $693,482,770 in new railroad securities listed on the New York Stock Exchange, only $91,535,070 were for new work. The rest was to refund old securities. Of the new money raised, only $12,910,570 was obtained through issues of stock, where the investor takes his chances and becomes a partner rather than a creditor in the enterprise. One cannot properly judge railroad credit by the existing prices of old securities : the real test is the price which the railroads must pay for new money. The fact that new money is not being obtained in substantial quantities from the investors of the world, is the best proof of the fact that it cannot be obtained upon terms which railroads can over a period of years promise to pay. * * * Recognizing the existence of an abnormal situa¬ tion, the President of the United States in his last annual message made a recommendation, which Congress is now considering, that a Commission [4] The Crux of the Railroad Difficulty be appointed to review all the circumstances in which the railroads now find themselves. While aU this is going on, railroad executives are luging that our present system of regulating railroads through forty-nine masters—-the Federal Government and forty-eight individual States- give way to a unified and consistent scheme of regulation under a single master. Why the Railroads Prefer Federal Regulation Why is it that the railroads seek to escape the rule of forty-nine masters and submit themselves to a single regulative authority? Not merely to secure logical perfection. There is no objection to regulation by the Federal Government and forty-eight States as such. The fundamental necessity is that some method be worked out of co-ordinating railroad earnings and expenses. At present the railroads have little control over either their expenses or their earnings. Both are thoroughly regulated. 15] The Crux of the Railroad Difficulty The vital defect is that at no one point is focussed responsibility for regulating both earnings and expenses, so as to make it certain that expenses shall not increase faster than earnings. The behef is that if the same authorities who are responsible for regulating rates were likewise responsible for regulating expenses, practical and intelligent recognition would be given to the fact that if expenses are increased provision must be made to meet the cost. What Has Happened in Ten Years? That there is a very real need for considering the problem from this angle may be indicated through noting what has happened to the railroads since August, 1906, when, through the passage of the Hepburn Law, railroad regulation in earnest began in this country. On July 1, 1907, the Interstate Commerce Com¬ mission required the railroads to institute a new accounting system. Since then, all figures relating to railroads are more strictly comparable than [6] The Crux of the Railroad Difficulty before, especially in the matter of investment in raihoad facilities. For the year ended June 30, 1915, the figures for which are just to hand, the railroads of the United States carried 66,000,000,000 more tons of freight one mile than for the year ended June 30, 1907, and carried 4,000,000,000 passengers one mile more than in 1907. During the eight years in which the facilities to handle this increased traffic were being provided, and for that pmpose, our railroads expended upwards of $4,800,000,000 in new money. In 1907, before this increased investment had been made, the net operating revenues of all railroads were $840,589,764. After paying taxes amounting that year to $80,312,375, the railroad net operating income—that is, all money available for paying interest on bonds, dividends on stock, making improvements out of earnings, and pro¬ viding a surplus against further needs—amounted to $760,277,389. For 1915 preliminary estimates of the Bureau of Railway Economics indicate that the net operating revenues were about $872,000,000; taxes were at [7] The Crux of the Railroad Difficulty least $133,000,000; leaving net operating income of $739,000,000. Thus, having rendered the increased service referred to, with the new facilities supplied at such great expenditure, the railroads, nevertheless, found that at the end of 1915 their net operating income was $21,000,000 less than for 1907, before that $4,800,000,000 had. been spent. The People Have Not Known Anyone will of course agree that if railroading is a business—and it is a very real business—any such situation as that just disclosed is logically impos¬ sible, and cannot continue indefinitely. Yet the American people are fair, and undoubtedly want to pay a proper price for what they get. Why is it, then, that such a contradictory situation as that described has been allowed to arise? The answer must lie in the fact that the people have not realized what they were doing. [8] The Crux of the Railroad Difficulty Railroad totals are so large, so like the figures of astronomy, that people little realize that these totals are comprised of a vast number of small items. The people have felt the desirability of certain improvements in railroad facilities and practices, and have reasoned that as the cost of each of these items was relatively small when compared to the huge total earnings of the companies, the addition of one or another particular small item could not affect the situation seriously. At no one point was there concentrated considera¬ tion of all the demands upon the railroads, and determination reached as to which demands should be agreed to and how the expense should be met. The Chaos Which Now Prevails Just how chaotic the present situation is may be indicated very briefly. Expenses may now be arbitrarily increased by law, by awards in wage arbitrations, by taxing authori¬ ties, or by public pressure. [9] The Crux of the Railroad Difficulty Rates may not be increased, however, except by authority, not alone of the Interstate Commerce Commission, but also of every state through which the lines of a railroad run. The result of this system is that expenses are increased without regard to how the money is to he obtained to meet them. This happens in several ways, among others : First Individual States pass fuH-crew laws, grade crossing laws, and other measures, all adding to expense but not to earnings. Second Local authorities assess taxes regardless of how they can be paid. Third The postmaster general may impose heavy burdens on the railroads in carrying the parcel post, without obligation to meet the expense involved. Fourth Public opiidon forces the roads to make enormous expenditures for steel cars, new passenger stations, and such hke—all desirable no doubt, but adding practically nothing to net earnings. Fifth Public opinion forces railroads to arbitrate wage disputes, but the umpires have no responsibility for obtaining the money necessary to pay the bill. [10] The Crux of the Railroad Difficulty When the railroads seek to obtain money to meet these and other expenses forced upon them, they find the following conditions; First Even if the Interstate Commerce Commission authorizes advanced rates, the increase may be nullified by action of state commissions. Second Even if an increased rate is, and is subse¬ quently declared to be, reasonable, the com¬ mission may have suspended the rate for ten months, without later recourse by the railroad. Third Neither the interstate nor the state com¬ missions have established standards whereby the carrier or the public may be able to determine what shall probably be declared to be reasonable rates. Nothing Certain But Uncertainty Under our present plan of regulation, there is "nothing certain hut uncertainty." The railroad manager has neither precepts nor precedents to guide him. Yet he must always face the fact that in the money markets of the world, where he must go for all funds for improvements or new facilities, he must [11] The Crux of the Railroad Difficulty submit to an inexorable arithmetical equation. The railroad manager must show investors where further expenditures wiU be productive of larger net earnings. If he cannot meet that test, the investor says to him, "Thou hast been weighed in the balances and been found wanting." The fundamental difficulty in our treatment of the railroad problem has been a failure to recognize the nature of just what we were doing. The exist¬ ing rate structure grew up on the basis of a railroad system designed to supply simply the elements of transportation. The railroads were expected to carry a man or a thing from one place to another, and not much consideration was given to the safety, the speed or the comfort with which the service was rendered. Public Demands a New Kind of Transportation Then, as the tendency developed to hold rates stationary, the pubhc demanded a constantly higher standard of railroad operation. For a time, the efficiency of the American railroad [12] The Crux of the Railroad Difficulty manager made it possible to meet the cost of the many improved methods out of economies. In recent years, however, the demand for higher standards has been accelerated, whereas the difficulties of increasing rates to meet the increased cost have become extraordinarily tedious and difficult, indeed usually insiumountahle. The situation is somewhat as if in a small town a modest hotel had been built to supply merely the elementary comforts—a bedstead, washstand, bureau and a chair. After this hotel was built, the authorities of the city passed a law that charges for the rooms in that hotel should not he more than $2 a day. After passing that law, the demands of law and puhhc opinion compelled the hotel to install fire escapes, hollow tile partitions, elevators, individual drinking cups, and other facihties designed to add to the safety and comfort of the guests. It is obvious that while the hotel keeper might up to a point he willing to do all these things in order to protect his original investment, there would he no inducement whatever to others to go into that town and to put up a new hotel. [13] The Crux of the Railroad Difficulty Railroads Give Without Receiving So we in this country are demanding better raihoads. We want steel cars, block signals, grade crossings eliminated, new passenger stations, and high wages for employees. All these features are desirable, and raihoad managers are very glad to provide them. But the public so generally fails to realize that all these things cost money. The raihoad treasury is not inexhaustible, and no more money can be spent than is taken in. If the public wants a railroad system with every modern improvement, it should have it. But the people when demanding such a railroad should make up theh minds to pay for it. There is no more reason why we should expect to have better railroads than we are willing to pay for, than that we should expect to have better dwelling houses than we are willing to pay for. The obligation of the individual tenant to the land¬ lord is clearly understood, and is enforced by law. The obligation of the people en masse to pay the [14] The Crux of the Railroad Difficulty carrier a fair price for what they demand is not fulfilled because our system of regulation does not make the precise nature and meaning of that obligation clear to the public through the medium of a single, responsible regulating body. Has Prosperity Corrected the Evils? But it is said that conditions are better now, the railroads are making quantities of money, and the situation is solving itself. No more complete fallacy could he uttered. It is true earnings are much greater than they were last year. Net earnings always increase when a burst of railroad activity follows a period of depression. It is of course doubtful to what extent the end of the war will curtail present gross earnings. But net earnings would have to be far greater than they are even now, or can be under present rates, to earn an adequate return upon the new capital invested during the past ten years. More important still; There has been no fundamental change in the system and practices which have produced the [15] The Crux of the Railroad Difficulty failure to consider railroad expenses as governed and limited by earnings. Our system of regulation is just the same, and has not been corrected. The case is just as if a spendthrift with only a dollar left in his pocket, expecting to go to the poorhouse next day, should find a ten-dollar bill in the middle of the road. He might not have to go to the poorhouse quite so soon, but if he did not change his habits, his ultimate destination would be no less certain. Pressure Growing More Insistent The war has brought to the railroads a sudden semblance of prosperity. But the pressure to enlarge expenses is already growing daily more insistent. At the moment, this pressure exerts itself against railroad managers in: Demands for local improvements and increased t£txes; and Demands for increased wages. [16] The Crux of the Railroad Difficulty It may be that both kinds of demands are justified. I do not argue the desirability or the justice of the demands. I do urge, however, these three considerations, as in the broadest public interest: First That assessments for expenses to benefit any particular locality or class of people should not be levied as a burden against those who will not participate in the benefits. Second That if wages are to be increased, the deserts of all classes of railway employees should be considered. At present demands have been made by some 25 per cent of railway employees. Those demands if acceded to, would cost the rail¬ roads upwards of $75,000,000 a year. Those demands may be justified—I do not argue that point. But whatever may be their justice, public opinion should insist that they should not be considered except in connection with the rights and deserts of 100 per cent of the men. Third If raiboad expenses are to be steadily increased, no matter in what manner, provi- sion should be made by the public to meet the cost. [17] The Crux of the Railroad Diffieulty Why One Regulating Master is Best It is that an effective method may be developed for meeting the proper costs of providing the facihties the people need, that the railroads urge the adoption of a unified, consistent and responsi¬ ble system of regulation. The American people do not desire government ownership, and they are equally and properly determined not to relax their regulation of railroads. But if private capital shall continue to be attracted into railroad enterprise, the railroads must be permitted to earn revenues which will pay a satis¬ factory return. Otherwise capital will go into other forms of investment. It is the belief of railroad officers that the people are wilhng and glad to pay a fair return upon capital actually invested. It will only be certain, however, that that fair return will be paid when there is a single regulating body supervising both earnings and expenses and able to determine whether a proper return has been earned, and if not, why not. [18] The Crux of the Railroad Difficulty The public to-day has no authoritative method of finding out just why new money invested in railroads does not earn a proper return. Likewise, even if the cause of the trouble were made clear, the people have not endowed any regulating authority with full and final power to see to it that adequate rates are provided to earn that proper return. Regulation Has Not Had a Fair Trial Until we have a unified system of regulation instead of our present inconsistent rule of forty-nine masters, the sound and valuable principle of private ownership under public regulation will not have had a fair trial. The failure of regulation up to now has not been due to the principle of regulation, for regulation when competent and impartial is most desirable. The present failure of regulation is due to the fact that it is now contradictory, inconsistent, and self-destructive. [19] The Crux of the Railroad Difficulty Successful regulation wül be unified and consistent, stringent and definite. The investor, the manager and the public will know precisely what to expect. The investor will be assured of a full opportunity to earn a reasonable return upon his capital; the manager wiU be assured of the proper reward of industry and enterprise ; the public will be protected against discrimination and unwarranted burdens. Such a scheme of regulation will focus at one point consideration of all demands upon railroads, and there wiU be ample power to deal with those demands in the interest of the pubfic. Such regulation will result in the continued development under private ownership of an eflS- cient railroad system. [20]