economy of railroads, is to undo their action and to force (if the act could be carried out) the production of approximately that state of things which would have existed if there had been no invention of the locomotive, viz., local economic units, each complete in itself, with low division of labor as between parts of the country and less interchange of products between them.
The fact that the industry of the country is producing food and raw materials only makes the mischief greater, for these products cannot be produced on a large scale unless they are transported. The act may put an end to passes and limit railroad wars, but its effect is to destroy the transportation business.
The act was one which nobody could construe. It was said that the Commission would construe it, but they now decline to do so; they say they must wait for cases, with real parties in interest. Plainly here are two systems of jurisprudence and administration mixed together. On the administrative-regulative system, e. g., of Germany, the administrative body must establish ordinances and make known how it will act; it must solve the doubts of parties affected, give them directions, and relieve them of responsibility. It is the Anglo-American system to have no regulative-administrative officers, to leave administration to courts, and to let courts act only on cases. The Anglo-American system leaves the citizen to consult his legal adviser on the law, and to act on his own responsibility because it has left him free. If the law only defines terms and conditions of social and industrial life, it needs no regulative functionaries and has no place for them. Giving the citizen liberty, it holds him to responsibility. If our Commission does not interpret the law, what is it for? We have then only a blind enactment, and whatever course rail-
