Chapter VII: Part 7
I was greeted to-day by your school-children, clustered around the monument erected to that pure and upright man and mighty General, Robert E. Lee; and as we drove away from the square in which his statue stands we passed by a house in this old Confederate city in which there was prominently displayed a picture of Abraham Lincoln, and underneath it the words, “With malice toward none, with charity toward all.” I have been greeted by a special guard of honor, composed of men who, in the great war, wore the Confederate uniform. I have also been greeted by men who, in that war, wore the blue. I saw before me many of my comrades of the lesser war. I had in my own regiment, from Louisiana as well as from many other States, men whose fathers had worn the gray, just as I had other men whose fathers had worn the blue, all united forever in loyalty to one indissoluble union, and acknowledging only the rivalry of trying to see which could do the most for the flag of our common country. Oh, my fellow-countrymen, think what a fortune is ours, that we belong to this Nation, which, having fought one of the mightiest wars of all times, is now reunited forever, in an indissoluble union, under one flag; so that we claim as ours the heritage of honor and glory, left by every man who, on whichever side he stood, when the days came which tried men’s souls, did all that in him lay—did his whole duty—according to the light that was given him to see that duty.
SPEECH TO THE OFFICERS AND CREW OF THE U. S. FLAGSHIP “WEST VIRGINIA,”
AT SEA, OCTOBER 29, 1905
_Admiral, Captain, Officers and Ship’s Company of the “West Virginia”_:
It is a privilege for any President to come on board a squadron of American warships such as these, not alone to see the ships, but to see the men who handle them. From the admiral down through the entire ship’s company, every American should be proud of what I have seen aboard this ship; the discipline, the ready subordination of each man, whether officer or enlisted man, to duty; the care taken of the men, and in return the eager, intelligent, self-respecting zeal of each man in doing his work. What must impress especially any observer is how essential it is that every individual on a ship like this should do his whole duty, and in any crisis more than his duty. The result as I see it in this ship is a triumph not only of organization and discipline, but of the ready zeal with which each individual performs his allotted task. At any time some emergency may arise in which the safety of the entire ship will depend upon the vigilance, intelligence, and cool courage of some one man among you, perhaps an officer, perhaps an enlisted man. Any man in the whole ship’s company who does his full duty can claim as his own the honor and repute of the ship and has the right to feel a personal pride in all she does. You and your fellows in the Navy and in its sister service, the Army, occupy a position different from that of any other set of men in our country. Going through the ship yesterday, in the engine rooms, storerooms, turrets, everywhere the thing that impressed me most was the all-importance of each man in his place: the all-importance of that man both knowing his work and feeling it a matter of keen personal pride to do it as well as it could possibly be done. All through the ship I have seen the same purpose, the purpose to learn exactly what the duty to be done was and then to do it; and the power to do presupposes the possession by each of you of intelligence, courage, and physical address. I believe that this attitude of yours is typical of the attitude of the men of our Navy generally and of the Army also. Now on the one hand this should make our country feel toward Uncle Sam’s men in the Army and in the Navy a sense of obligation and gratitude such as they feel toward no others; and on the other hand it should make you feel that no other Americans rest under so great an obligation to do their duty well; for in your hands lies the credit, the honor, and the interest of the entire Nation. You are doing your duty well and faithfully in peace. Remember that if ever, which may Heaven forbid, war comes, it will depend upon you and those like you whether the people of this country are to hold their heads even higher or to hang them in shame. I hope that no such crisis will ever occur, but I have entire faith that if it ever does occur, you will rise level to any demand that may be made upon you, and that by the way you train yourselves and are trained in time of peace, you will fit yourselves to do well should war arise.
Now a special word to the officers. Captain Arnold, as a boy you witnessed a great fight of the “Merrimac” when she came out to Hampton Roads, sank the “Congress” and the “Cumberland,” and the next day met her match in the “Monitor.” That was a fight fraught with great honor for our people. The “Cumberland” sank with her flags flying and her guns firing while her decks were awash, and as the water was shallow, her flag still floated from the mast above them after she had gone down. The captain of the “Congress” met his death in the fight, winning an epitaph which deserves to be remembered forever in the American Navy. His name was Joe Smith, and his father, an old naval officer, was in Washington. When word was brought to him that his son’s ship had surrendered, he answered simply: “Then Joe is dead.” To have earned the right to have his death assumed as a matter of course in such conditions is of itself enough to crown any life, and every American officer should keep ever before him all that is implied therein. Let each of you officers remember, in the event of war, that while a surrender must always be justifiable, yet that a surrender must always be explained, while it is never necessary to explain the fact that you don’t surrender, no matter what the conditions may be.
A tragedy occurred this morning. A man was lost from the “Colorado.” Such cases are from time to time inevitable in a service like ours. Under such circumstances, everything must always be done, as in this instance everything was done, for the rescue of the man. But you men are fitted for fighting because you have the fighting edge. This means that you are willing at all times to face death in the performance of your duty. The man who died this morning was an excellent seaman who had done his duty faithfully and who died in the performance of that duty. Therefore he died in the service of his country exactly as much as if he had died in battle, and deserves as much honor.
What I have said so far applies to the whole Navy. Now a word especially to this squadron and to this ship. No other nation can boast of a better squadron, a squadron composed of more formidable vessels. In the matter of the officers and men, we have no cause to shrink from comparison with any other nation. So far, the “Colorado” has been the one ship that has had the chance to show what she could do in gunnery practice, and her record has been so astonishingly good that the other ships of the squadron will have to do their level best if they expect even to equal it. I need not tell you to remember that battles are decided by gunfire, and that the only shots that count are the shots that hit.
Men, I am glad to have seen you, and I don’t think that anywhere under our flag there could be found a better set of clean-cut, vigorous, self-respecting American citizens of the very type that makes one proudest to be an American.
REMARKS TO A DELEGATION OF RAILWAY EMPLOYEES’ ORDERS—EXECUTIVE OFFICE,
WASHINGTON, NOVEMBER 14, 1905
_Gentlemen_:
I have just a word that I want to say to you. In the first place, I trust I need hardly say that no delegation will ever be more welcome at the White House than such a delegation as this. The interests of the wage-worker and the interests of the tiller of the soil must be peculiarly close to all American public men; among other reasons for the reason that if they prosper all other classes will prosper likewise as a matter of course. As I said the other day to the representatives of organized labor at Atlanta, I shall do everything in my power for the laboring man except to do anything wrong; for the man who will do anything wrong in the nominal interest of another man will also do wrong against this same other man if ever it becomes to his own interest to do so. Your associations deserve peculiar regard because you have developed to a marked degree the very qualities that all bodies of wage-workers should develop: the intelligence, the regard for the future, the self-respect mingled with the respect for others, the power of self-restraint, which are absolutely essential to any body of men which is to move upward and onward. Remember always that every man of us must in some shape or other have his passions and appetites governed; and the less of that government there is from within the more there will have to be from without.
With most of the general statements that you make I agree, but I am not sure that I agree with your application of them. There has been comparatively little complaint to me of the railroad rates being as a whole too high. The most serious complaints that have been made to me have been of improper discrimination in railroad rates. For instance, in two recent cases affecting great corporations the complaints that have been made to me have been that they are too low as regards certain big shippers; the complaint in both these cases is about the differential, the difference of treatment of two sets of users of the railways, the difference in favor of one set of shippers as against another set of shippers. Whether this is just or not I am not prepared to say. I very deeply appreciate and sympathize with the feeling you express as to the community of interest between the man who actually does the handling of the trains, at the brakes, in the engine cab, as a fireman, as a conductor, and the man who has to do, as a capitalist or as the higher employee of the capitalist, with the general management of the road. I feel that one of the lessons that can not be overinculcated is the lesson of the identity of interest among our people as a whole. I do not have to tell a body like this something that I do have to tell some other bodies, and that is if you have not got at the head of a railroad a man who can make a success of it, the wage-workers on that railroad can not prosper. You must have at the head the type of ability which can do well; just as you, comrade of the Civil War (turning to an engineer who wore the button of the Grand Army) needed a general who knew his business, or your valor did not avail. You remember that the valor of the best enlisted man that ever was (of course he was the basis of everything; the man who carried the gun and made the army; and you could not get the right stuff out of him if it was not in him) was of no value if there was not a directing power to see that the valor was used aright. The Union Army could have accomplished nothing if the feeling of the enlisted men had been the wish to down Grant and Sherman instead of supporting them heartily in achieving the common work for which all in common were striving.
If you will look at my Raleigh speech and my other recent utterances you will see my principles clearly set forth. I have said again and again that I would not tolerate for one moment any injustice to a railroad any more than I would tolerate any injustice by a railroad. I have said again and again that I would remove a public official who improperly yielded to any public clamor against a railroad, no matter how popular that clamor might be, just as quickly as I would remove a public official who rendered an improper service to the railroad at the expense of the public. But I am convinced that there must be an increased regulatory and supervisory power exercised by the Government over the railways. Indeed, I would like it exercised to a much greater extent than I have any idea of pressing at the moment. For instance, I would greatly like to have it exercised in the matter of overcapitalization. I am convinced that the “wages fund” would be larger if there was no fictitious capital upon which dividends had to be paid. I need hardly say that this does not mean hostility to wealth. If you gentlemen here, in whom I believe so strongly, were all a unit in demanding that some improper action should be taken against certain men of wealth, then, no matter whether I did or did not like those same men of wealth, I would defend them against you, no matter how much I cared for you; and in so doing I would really be acting in your own interest. I would be false to your interest if I failed to do justice to the capitalist as much as to the wage-worker. But I shall act against the abuses of wealth just as against all other abuses. The outcry against rate regulation is of much the same character as that I encountered when I was engaged in putting through that car-coupling business; or in endeavoring to secure certain legislation in which you have all been interested, such as the employers’ liability law.
Most certainly I will join with you in resisting to the uttermost any movement to hurt or damage any railroads which act decently, for I would hold that such damage was not merely to the capitalist, not merely to the wage-worker engaged on the railroads, but to all the country. My aim is to secure the just and equal treatment of the public by those (I trust and believe a limited number) who do not want to give it, just as much as by the larger number who do want to give it. All I want in any rate legislation is to give the Government an efficient supervisory power which shall be exercised as scrupulously to prevent injustice to the railroads as to prevent their doing injustice to the public. Our endeavor is to see that those big railroad men and big shippers who are not responsive to the demands of justice are required to do what their fellows who are responsive to the demands of justice would be glad to do of their own accord.
MESSAGE COMMUNICATED TO THE TWO HOUSES OF CONGRESS AT THE BEGINNING OF
THE FIRST SESSION OF THE FIFTY-NINTH CONGRESS, DECEMBER 5, 1905.
_To the Senate and House of Representatives_:
The people of this country continue to enjoy great prosperity. Undoubtedly there will be ebb and flow in such prosperity, and this ebb and flow will be felt more or less by all members of the community, both by the deserving and the undeserving. Against the wrath of the Lord the wisdom of man can not avail; in times of flood or drought human ingenuity can but partially repair the disaster. A general failure of crops would hurt all of us. Again, if the folly of man mars the general well-being, then those who are innocent of the folly will have to pay part of the penalty incurred by those who are guilty of the folly. A panic brought on by the speculative folly of part of the business community would hurt the whole business community. But such stoppage of welfare, though it might be severe, would not be lasting. In the long run the one vital factor in the permanent prosperity of the country is the high individual character of the average American worker, the average American citizen, no matter whether his work be mental or manual, whether he be farmer or wage-worker, business man or professional man.
In our industrial and social system the interests of all men are so closely intertwined that in the immense majority of cases a straight-dealing man who by his efficiency, by his ingenuity and industry, benefits himself must also benefit others. Normally the man of great productive capacity who becomes rich by guiding the labor of many other men does so by enabling them to produce more than they could produce without his guidance; and both he and they share in the benefit, which comes also to the public at large. The superficial fact that the sharing may be unequal must never blind us to the underlying fact that there is this sharing, and that the benefit comes in some degree to each man concerned. Normally the wage-worker, the man of small means, and the average consumer, as well as the average producer, are all alike helped by making conditions such that the man of exceptional business ability receives an exceptional reward for his ability. Something can be done by legislation to help the general prosperity; but no such help of a permanently beneficial character can be given to the less able and less fortunate, save as the results of a policy which shall inure to the advantage of all industrious and efficient people who act decently; and this is only another way of saying that any benefit which comes to the less able and less fortunate must of necessity come even more to the more able and more fortunate. If, therefore, the less fortunate man is moved by envy of his more fortunate brother to strike at the conditions under which they have both, though unequally, prospered, the result will assuredly be that while damage may come to the one struck at, it will visit with an even heavier load the one who strikes the blow. Taken as a whole, we must all go up or go down together.
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Yet, while not merely admitting, but insisting upon this, it is also true that where there is no governmental restraint or supervision some of the exceptional men use their energies not in ways that are for the common good, but in ways which tell against this common good. The fortunes amassed through corporate organization are now so large, and vest such power in those that wield them, as to make it a matter of necessity to give to the sovereign—that is, to the Government, which represents the people as a whole—some effective power of supervision over their corporate use. In order to ensure a healthy social and industrial life, every big corporation should be held responsible by, and be accountable to, some sovereign strong enough to control its conduct. I am in no sense hostile to corporations. This is an age of combination, and any effort to prevent all combination will be not only useless, but in the end vicious, because of the contempt for law which the failure to enforce law inevitably produces. We should, moreover, recognize in cordial and ample fashion the immense good effected by corporate agencies in a country such as ours, and the wealth of intellect, energy, and fidelity devoted to their service, and therefore normally to the service of the public, by their officers and directors. The corporation has come to stay, just as the trade union has come to stay. Each can do and has done great good. Each should be favored so long as it does good. But each should be sharply checked where it acts against law and justice.
So long as the finances of the Nation are kept upon an honest basis no other question of internal economy with which the Congress has the power to deal begins to approach in importance the matter of endeavoring to secure proper industrial conditions under which the individuals—and especially the great corporations—doing an interstate business are to act. The makers of our National Constitution provided especially that the regulation of interstate commerce should come within the sphere of the General Government. The arguments in favor of their taking this stand were even then overwhelming. But they are far stronger to-day, in view of the enormous development of great business agencies, usually corporate in form. Experience has shown conclusively that it is useless to try to get any adequate regulation and supervision of these great corporations by State action. Such regulation and supervision can only be effectively exercised by a sovereign whose jurisdiction is coextensive with the field of work of the corporations—that is, by the National Government. I believe that this regulation and supervision can be obtained by the enactment of law by the Congress. If this proves impossible, it will certainly be necessary ultimately to confer in fullest form such power upon the National Government by a proper amendment of the Constitution. It would obviously be unwise to endeavor to secure such an amendment until it is certain that the result can not be obtained under the Constitution as it now is. The laws of the Congress and of the several States hitherto, as passed upon by the courts, have resulted more often in showing that the States have no power in the matter than that the National Government has power; so that there at present exists a very unfortunate condition of things, under which these great corporations doing an interstate business occupy the position of subjects without a sovereign, neither any State government nor the National Government having effective control over them. Our steady aim should be by legislation, cautiously and carefully undertaken, but resolutely persevered in, to assert the sovereignty of the National Government by affirmative action.
This is only in form an innovation. In substance it is merely a restoration; for from the earliest time such regulation of industrial activities has been recognized in the action of the lawmaking bodies; and all that I propose is to meet the changed conditions in such manner as will prevent the Commonwealth abdicating the power it has always possessed, not only in this country but also in England before and since this country became a separate Nation.
It has been a misfortune that the national laws on this subject have hitherto been of a negative or prohibitive rather than an affirmative kind, and still more that they have in part sought to prohibit what could not be effectively prohibited, and have in part in their prohibitions confounded what should be allowed and what should not be allowed. It is generally useless to try to prohibit all restraint on competition, whether this restraint be reasonable or unreasonable; and where it is not useless it is generally hurtful. Events have shown that it is not possible adequately to secure the enforcement of any law of this kind by incessant appeal to the courts. The Department of Justice has for the last four years devoted more attention to the enforcement of the anti-trust legislation than to anything else. Much has been accomplished; particularly marked has been the moral effect of the prosecutions; but it is increasingly evident that there will be a very insufficient beneficial result in the way of economic change. The successful prosecution of one device to evade the law immediately develops another device to accomplish the same purpose. What is needed is not sweeping prohibition of every arrangement, good or bad, which may tend to restrict competition, but such adequate supervision and regulation as will prevent any restriction of competition from being to the detriment of the public, as well as such supervision and regulation as will prevent other abuses in no way connected with restriction of competition. Of these abuses, perhaps the chief, although by no means the only one, is overcapitalization—generally itself the result of dishonest promotion—because of the myriad evils it brings in its train; for such overcapitalization often means an inflation that invites business panic; it always conceals the true relation of the profit earned to the capital actually invested, and it creates a burden of interest payments which is a fertile cause of improper reduction in or limitation of wages; it damages the small investor, discourages thrift, and encourages gambling and speculation; while perhaps worst of all is the trickiness and dishonesty which it implies—for harm to morals is worse than any possible harm to material interests, and the debauchery of politics and business by great dishonest corporations is far worse than any actual material evil they do the public. Until the National Government obtains, in some manner which the wisdom of the Congress may suggest, proper control over the big corporations engaged in interstate commerce—that is, over the great majority of the big corporations—it will be impossible to deal adequately with these evils.
I am well aware of the difficulties of the legislation that I am suggesting, and of the need of temperate and cautious action in securing it. I should emphatically protest against improperly radical or hasty action. The first thing to do is to deal with the great corporations engaged in the business of interstate transportation. As I said in my Message of December 6 last, the immediate and most pressing need, so far as legislation is concerned, is the enactment into law of some scheme to secure to the agents of the Government such supervision and regulation of the rates charged by the railroads of the country engaged in interstate traffic as shall summarily and effectively prevent the imposition of unjust or unreasonable rates. It must include putting a complete stop to rebates in every shape and form. This power to regulate rates, like all similar powers over the business world, should be exercised with moderation, caution, and self-restraint; but it should exist, so that it can be effectively exercised when the need arises.
The first consideration to be kept in mind is that the power should be affirmative and should be given to some administrative body created by the Congress. If given to the present Interstate Commerce Commission or to a reorganized Interstate Commerce Commission, such commission should be made unequivocally administrative. I do not believe in the Government interfering with private business more than is necessary. I do not believe in the Government undertaking any work which can with propriety be left in private hands. But neither do I believe in the Government flinching from overseeing any work when it becomes evident that abuses are sure to obtain therein unless there is governmental supervision. It is not my province to indicate the exact terms of the law which should be enacted; but I call the attention of the Congress to certain existing conditions with which it is desirable to deal. In my judgment the most important provision which such law should contain is that conferring upon some competent administrative body the power to decide, upon the case being brought before it, whether a given rate prescribed by a railroad is reasonable and just, and if it is found to be unreasonable and unjust, then, after full investigation of the complaint, to prescribe the limit of rate beyond which it shall not be lawful to go—the maximum reasonable rate, as it is commonly called—this decision to go into effect within a reasonable time and to obtain from thence onward, subject to review by the courts. It sometimes happens at present, not that a rate is too high but that a favored shipper is given too low a rate. In such case the Commission would have the right to fix this already established minimum rate as the maximum; and it would need only one or two such decisions by the Commission to cure railroad companies of the practice of giving improper minimum rates. I call your attention to the fact that my proposal is not to give the Commission power to initiate or originate rates generally, but to regulate a rate already fixed or originated by the roads, upon complaint and after investigation. A heavy penalty should be exacted from any corporation which fails to respect an order of the Commission. I regard this power to establish a maximum rate as being essential to any scheme of real reform in the matter of railway regulation. The first necessity is to secure it; and unless it is granted to the Commission there is little use in touching the subject at all.
Illegal transactions often occur under the forms of law. It has often occurred that a shipper has been told by a traffic officer to buy a large quantity of some commodity and then after it has been bought an open reduction is made in the rate to take effect immediately, the arrangement resulting to the profit of the one shipper and the one railroad and to the damage of all their competitors; for it must not be forgotten that the big shippers are at least as much to blame as any railroad in the matter of rebates. The law should make it clear so that nobody can fail to understand that any kind of commission paid on freight shipments, whether in this form or in the form of fictitious damages, or of a concession, a free pass, reduced passenger rate, or payment of brokerage, is illegal. It is worth while considering whether it would not be wise to confer on the Government the right of civil action against the beneficiary of a rebate for at least twice the value of the rebate; this would help stop what is really blackmail. Elevator allowances should be stopped, for they have now grown to such an extent that they are demoralizing and are used as rebates.
The best possible regulation of rates would, of course, be that regulation secured by an honest agreement among the railroads themselves to carry out the law. Such a general agreement would, for instance, at once put a stop to the efforts of any one big shipper or big railroad to discriminate against or secure advantages over some rival; and such agreement would make the railroads themselves agents for enforcing the law. The power vested in the Government to put a stop to agreements to the detriment of the public should, in my judgment, be accompanied by power to permit, under specified conditions and careful supervision, agreements clearly in the interest of the public. But, in my judgment, the necessity for giving this further power is by no means as great as the necessity for giving the Commission or administrative body the other powers I have enumerated above; and it may well be inadvisable to attempt to vest this particular power in the Commission or other administrative body until it already possesses and is exercising what I regard as by far the most important of all the powers I recommend—as indeed the vitally important power—that to fix a given maximum rate, which rate, after the lapse of a reasonable time, goes into full effect, subject to review by the courts.
All private-car lines, industrial roads, refrigerator charges, and the like should be expressly put under the supervision of the Interstate Commerce Commission or some similar body so far as rates, and agreements practically affecting rates, are concerned. The private-car owners and the owners of industrial railroads are entitled to a fair and reasonable compensation on their investment, but neither private cars nor industrial railroads nor spur tracks should be utilized as devices for securing preferential rates. A rebate in icing charges, or in mileage, or in a division of the rate for refrigerating charges is just as pernicious as a rebate in any other way. No lower rate should apply on goods imported than actually obtains on domestic goods from the American seaboard to destination except in cases where water competition is the controlling influence. There should be publicity of the accounts of common carriers; no common carrier engaged in interstate business should keep any books or memoranda other than those reported pursuant to law or regulation, and these books or memoranda should be open to the inspection of the Government. Only in this way can violations or evasions of the law be surely detected. A system of examination of railroad accounts should be provided similar to that now conducted into the national banks by the bank examiners; a few first-class railroad accountants, if they had proper direction and proper authority to inspect books and papers, could accomplish much in preventing wilful violations of the law. It would not be necessary for them to examine into the accounts of any railroad unless for good reasons they were directed to do so by the Interstate Commerce Commission. It is greatly to be desired that some way might be found by which an agreement as to transportation within a State intended to operate as a fraud upon the Federal interstate commerce laws could be brought under the jurisdiction of the Federal authorities. At present it occurs that large shipments of interstate traffic are controlled by concessions on purely State business, which of course amounts to an evasion of the law. The Commission should have power to enforce fair treatment by the great trunk lines of lateral and branch lines.
I urge upon the Congress the need of providing for expeditious action by the Interstate Commerce Commission in all these matters, whether in regulating rates for transportation or for storing or for handling property or commodities in transit. The history of the cases litigated under the present commerce act shows that its efficacy has been to a great degree destroyed by the weapon of delay, almost the most formidable weapon in the hands of those whose purpose it is to violate the law.
Let me most earnestly say that these recommendations are not made in any spirit of hostility to the railroads. On ethical grounds, on grounds of right, such hostility would be intolerable; and on grounds of mere national self-interest we must remember that such hostility would tell against the welfare not merely of some few rich men, but of a multitude of small investors, a multitude of railway employees, wage-workers; and most severely against the interest of the public as a whole. I believe that on the whole our railroads have done well and not ill; but the railroad men who wish to do well should not be exposed to competition with those who have no such desire, and the only way to secure this end is to give to some Government tribunal the power to see that justice is done by the unwilling exactly as it is gladly done by the willing. Moreover, if some Government body is given increased power the effect will be to furnish authoritative answer on behalf of the railroad whenever irrational clamor against it is raised, or whenever charges made against it are disproved. I ask this legislation not only in the interest of the public, but in the interest of the honest railroad man and the honest shipper alike, for it is they who are chiefly jeoparded by the practices of their dishonest competitors. This legislation should be enacted in a spirit as remote as possible from hysteria and rancor. If we of the American body politic are true to the traditions we have inherited we shall always scorn any effort to make us hate any man because he is rich, just as much as we should scorn any effort to make us look down upon or treat contemptuously any man because he is poor. We judge a man by his conduct—that is, by his character—and not by his wealth or intellect. If he makes his fortune honestly, there is no just cause of quarrel with him. Indeed, we have nothing but the kindliest feelings of admiration for the successful business man who behaves decently, whether he has made his success by building or managing a railroad or by shipping goods over that railroad. The big railroad men and big shippers are simply Americans of the ordinary type who have developed to an extraordinary degree certain great business qualities. They are neither better nor worse than their fellow-citizens of smaller means. They are merely more able in certain lines and therefore exposed to certain peculiarly strong temptations. These temptations have not sprung newly into being; the exceptionally successful among mankind have always been exposed to them; but they have grown amazingly in power as a result of the extraordinary development of industrialism along new lines, and under these new conditions, which the lawmakers of old could not foresee and therefore could not provide against, they have become so serious and menacing as to demand entirely new remedies. It is in the interest of the best type of railroad man and the best type of shipper no less than of the public that there should be governmental supervision and regulation of these great business operations, for the same reason that it is in the interest of the corporation which wishes to treat its employees aright that there should be an effective employers’ liability act, or an effective system of factory laws to prevent the abuse of women and children. All such legislation frees the corporation that wishes to do well from being driven into doing ill, in order to compete with its rival, which prefers to do ill. We desire to set up a moral standard. There can be no delusion more fatal to the Nation than the delusion that the standard of profits, of business prosperity, is sufficient in judging any business or political question—from rate legislation to municipal government. Business success, whether for the individual or for the Nation, is a good thing only so far as it is accompanied by and develops a high standard of conduct—honor, integrity, civic courage. The kind of business prosperity that blunts the standard of honor, that puts an inordinate value on mere wealth, that makes a man ruthless and conscienceless in trade and weak and cowardly in citizenship, is not a good thing at all, but a very bad thing for the Nation. This Government stands for manhood first and for business only as an adjunct of manhood.
The question of transportation lies at the root of all industrial success, and the revolution in transportation which has taken place during the last half century has been the most important factor in the growth of the new industrial conditions. Most emphatically we do not wish to see the man of great talents refused the reward for his talents. Still less do we wish to see him penalized; but we do desire to see the system of railroad transportation so handled that the strong man shall be given no advantage over the weak man. We wish to ensure as fair treatment for the small town as for the big city; for the small shipper as for the big shipper. In the old days the highway of commerce, whether by water or by road on land, was open to all; it belonged to the public and the traffic along it was free. At present the railway is this highway, and we must do our best to see that it is kept open to all on equal terms. Unlike the old highway it is a very difficult and complex thing to manage, and it is far better that it should be managed by private individuals than by the Government. But it can only be so managed on condition that justice is done the public. It is because, in my judgment, public ownership of railroads is highly undesirable and would probably in this country entail far-reaching disaster, that I wish to see such supervision and regulation of them in the interest of the public as will make it evident that there is no need for public ownership. The opponents of Government regulation dwell upon the difficulties to be encountered and the intricate and involved nature of the problem. Their contention is true. It is a complicated and delicate problem, and all kinds of difficulties are sure to arise in connection with any plan of solution, while no plan will bring all the benefits hoped for by its more optimistic adherents. Moreover, under any healthy plan, the benefits will develop gradually and not rapidly. Finally, we must clearly understand that the public servants who are to do this peculiarly responsible and delicate work must themselves be of the highest type both as regards integrity and efficiency. They must be well paid, for otherwise able men can not in the long run be secured; and they must possess a lofty probity which will revolt as quickly at the thought of pandering to any gust of popular prejudice against rich men as at the thought of anything even remotely resembling subserviency to rich men. But while I fully admit the difficulties in the way, I do not for a moment admit that these difficulties warrant us in stopping in our effort to secure a wise and just system. They should have no other effect than to spur us on to the exercise of the resolution, the even-handed justice, and the fertility of resource, which we like to think of as typically American, and which will in the end achieve good results in this as in other fields of activity. The task is a great one and underlies the task of dealing with the whole industrial problem. But the fact that it is a great problem does not warrant us in shrinking from the attempt to solve it. At present we face such utter lack of supervision, such freedom from the restraints of law, that excellent men have often been literally forced into doing what they deplored because otherwise they were left at the mercy of unscrupulous competitors. To rail at and assail the men who have done as they best could under such conditions accomplishes little. What we need to do is to develop an orderly system; and such a system can only come through the gradually increased exercise of the right of efficient Government control.
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In my annual Message to the Fifty-eighth Congress, at its third session, I called attention to the necessity for legislation requiring the use of block signals upon railroads engaged in interstate commerce. The number of serious collisions upon unblocked roads that have occurred within the past year adds force to the recommendation then made. The Congress should provide, by appropriate legislation, for the introduction of block signals upon all railroads engaged in interstate commerce at the earliest practicable date, as a measure of increased safety to the traveling public.
Through decisions of the Supreme Court of the United States and the lower Federal courts in cases brought before them for adjudication the safety-appliance law has been materially strengthened, and the Government has been enabled to secure its effective enforcement in almost all cases, with the result that the condition of railroad equipment throughout the country is much improved and railroad employees perform their duties under safer conditions than heretofore. The Government’s most effective aid in arriving at this result has been its inspection service, and that these improved conditions are not more general is due to the insufficient number of inspectors employed. The inspection service has fully demonstrated its usefulness, and in appropriating for its maintenance the Congress should make provision for an increase in the number of inspectors.
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The excessive hours of labor to which railroad employees in train service are in many cases subjected is also a matter which may well engage the serious attention of the Congress. The strain, both mental and physical, upon those who are engaged in the movement and operation of railroad trains under modern conditions is perhaps greater than that which exists in any other industry, and if there are any reasons for limiting by law the hours of labor in any employment, they certainly apply with peculiar force to the employment of those upon whose vigilance and alertness in the performance of their duties the safety of all who travel by rail depends.
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In my annual Message to the Fifty-seventh Congress, at its second session, I recommended the passage of an Employers’ Liability Law for the District of Columbia and in our navy yards. I renewed that recommendation in my Message to the Fifty-eighth Congress, at its second session, and further suggested the appointment of a commission to make a comprehensive study of employers’ liability, with a view to the enactment of a wise and constitutional law covering the subject, applicable to all industries within the scope of the Federal power. I hope that such a law will be prepared and enacted as speedily as possible.
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The National Government has as a rule but little occasion to deal with the formidable group of problems connected more or less directly with what is known as the labor question, for in the great majority of cases these problems must be dealt with by the State and municipal authorities and not by the National Government. The National Government has control of the District of Columbia, however, and it should see to it that the City of Washington is made a model city in all respects, both as regards parks, public playgrounds, proper regulation of the system of housing so as to do away with the evils of alley tenements, a proper system of education, a proper system of dealing with truancy and juvenile offenders, a proper handling of the charitable work of the District. Moreover, there should be proper factory laws to prevent all abuses in the employment of women and children in the District. These will be useful chiefly as object lessons, but even this limited amount of usefulness would be of real national value.
There has been demand for depriving courts of the power to issue injunctions in labor disputes. Such special limitation of the equity powers of our courts would be most unwise. It is true that some judges have misused this power; but this does not justify a denial of the power any more than an improper exercise of the power to call a strike by a labor leader would justify the denial of the right to strike. The remedy is to regulate the procedure by requiring the judge to give due notice to the adverse parties before granting the writ, the hearing to be _ex parte_ if the adverse party does not appear at the time and place ordered. What is due notice must depend upon the facts of the case: it should not be used as a pretext to permit violation of the law, or the jeopardizing of life or property. Of course, this would not authorize the issuing of a restraining order or injunction in any case in which it is not already authorized by existing law.
I renew the recommendation I made in my last annual Message for an investigation by the Department of Commerce and Labor of general labor conditions, especial attention to be paid to the conditions of child labor and child-labor legislation in the several States. Such an investigation should take into account the various problems with which the question of child labor is connected. It is true that these problems can be actually met in most cases only by the States themselves, but it would be well for the Nation to endeavor to secure and publish comprehensive information as to the conditions of the labor of children in the different States, so as to spur up those that are behindhand, and to secure approximately uniform legislation of a high character among the several States. In such a Republic as ours the one thing that we can not afford to neglect is the problem of turning out decent citizens. The future of the Nation depends upon the citizenship of the generations to come; the children of to-day are those who to-morrow will shape the destiny of our land, and we can not afford to neglect them. The Legislature of Colorado has recommended that the National Government provide some general measure for the protection from abuse of children and dumb animals throughout the United States. I lay the matter before you for what I trust will be your favorable consideration.
The Department of Commerce and Labor should also make a thorough investigation of the conditions of women in industry. Over five million American women are now engaged in gainful occupations; yet there is an almost complete dearth of data upon which to base any trustworthy conclusions as regards a subject as important as it is vast and complicated. There is need of full knowledge on which to base action looking toward State and municipal legislation for the protection of working women. The introduction of women into industry is working change and disturbance in the domestic and social life of the Nation. The decrease in marriage, and especially in the birth rate, has been coincident with it. We must face accomplished facts, and the adjustment to factory conditions must be made; but surely it can be made with less friction and less harmful effects on family life than is now the case. This whole matter in reality forms one of the greatest sociological phenomena of our time; it is a social question of the first importance, of far greater importance than any merely political or economic question can be; and to solve it we need ample data, gathered in a sane and scientific spirit in the course of an exhaustive investigation.
In any great labor disturbance not only are employer and employee interested, but also a third party—the general public. Every considerable labor difficulty in which interstate commerce is involved should be investigated by the Government and the facts officially reported to the public.
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Presidential addresses and state papers, Volume 4 (of 7)Chapter VII: Part 7
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