A DISCUSSION OF SOME OF THE FUNDAMENTAL CONSIDERATIONS INVOLVED IN A SATISFACTORY SOLUTION OF THE RAILROAD PROBLEM JOHN E. OLDHAM THE RAILROAD PROBLEM A satisfactory and permanent solution of the railroad problem calls for the consideration of many complex ques¬ tions on which there is much difference of opinion. The various plans presented, however, indicate that this dif¬ ference relates more to the methods to be employed than to the purpose to be served. As to the purpose, the Railway Executives, in submitting their plan to the Senate Committee on Interstate Commerce, begin with the declaration that "the fundamental and es¬ sential purpose to be accomplished is to furnish the public with safe, efficient and adequate transportation at the low¬ est cost consistent with such service and with due regard to the best interests of the owners and employes and, also, adequate to the Nation's needs even in times of great na¬ tional emergency or peril." Again, Former Secretary Mc- Adoo, in his argument for a five-year extension of the period of Federal Control before the same Committee, stated that "the railroads are public servants and in times of peace the first consideration should be to furnish adequate service at the lowest possible cost." The Interstate Commerce Commission, testifying in regard to the future of the rail¬ roads, stated "that whatever line of policy is determined upon, the fundamental aim is to secure transportation sys¬ tems that would be adequate for the Nation's needs even in time of national stress or peril and that will furnish to the public safe and adequate transportation at the lowest cost consistent with that service." Other plans have been offered with similar statements and it therefore seems fair to conclude that any plan to be generally acceptable must be developed along lines which will aim first of all to supply transportation at the lowest cost consistent with satisfactory and adequate service, thus recognizing the public interest as of primary importance and paramount to any individual or private interest. 1 Possible Methods of Solution As to methods, it has been said, broadly speaking, that there are three permanent solutions of the railroad problem —or three general lines along which plans might be devel¬ oped—and these have been briefly outlined as follows: "To have outright government control of all the rail¬ roads." "To send the railroads back into the private control of the several hundred old companies." "To reconstruct the railroad map along logical lines so as to wipe out these hundreds of different railroad com¬ panies and substitute a comparatively few companies which under close and strict Government control can be expected to combine the advantages of Government control, includ¬ ing unified control of these roads where it is needed, with the advantage of the initiative of private management." The first method would provide for Government control and management; the second and third for private control and management. Again, the first method would result in the entire elimination of competition; the second would result in maintaining extensive competition among a large number of companies operating under varying and unequal conditions; the third would limit competition to a relatively few companies operating under somewhat similar con¬ ditions. Government ownership and management and the extent and kind of competition which should be preserved are thus fundamental questions and because of their important bearing on the future railroad policy of the country, should be carefully considered before an attempt is made to formu¬ late a permanent plan in detail. Impracticabilitp of Government Ownership In regard to the question of Government ownership and management, no extended discussion seems necessary. It should be sufficient to suggest that history in this country and elsewhere furnishes so few examples of successful gov¬ ernment management of business enterprises that there is 2 little reason to expect that this method would prove either as efficient or as satisfactory to the public as private control. The conclusion that the public interest will be served better under private management is well supported by the recent report of the special committee of the Mer¬ chants' Association of New York, which was appointed to consider the subject of municipal, State and National op¬ eration of utilities. In dealing with the causes of the fail¬ ures of Government management in general, the report says: "No business, whether public or pi'ivate, can be operated efficiently and without great waste under the constant in¬ jection at the top of new, untried and often unfit executives and managers; nor with the rank and file deprived, by lack of opportunity for advancement, of the incentive to zeal and energy. "Political expediency is nearly always the determining consideration in appointments to the higher places. Those places are the rewards of political service, and the appoint¬ ees, while perhaps proficient politicians, are seldom pro¬ ficient business executives. Their immediate subordinates are likewise appointed for political reasons, and fitness is a secondary consideration. "Thus the executives under political control are often without business experience or capacity; they are usually without the long experience, the intimate knowledge, and the special ability and skill indispensable to highly efficient administration and their official acts are often directed by political methods opposed to the proper conduct of the business undertaking. "These initial defects, due to political methods of selec¬ tion and inseparable from political control, are magnified and perpetuated by the changes which follow every election. Because of these frequent changes executive officials seldom remain in office long enough to acquire the experience and learn the sound methods necessary to efficiency and econ¬ omy. At frequent intervals the executive heads are all, or nearly all, supplanted by new appointees, likewise with¬ out the qualifications necessary to fitness, and whatever 3 progress toward sound administration may have been re¬ cently made is likely to be nullified by changes in methods which almost always follow changes in officials. "Lack of opportunity in the lower ranks of the public service has a deadening influence upon the zeal and energy of the entire body of minor officials and the clerical staff. The higher offices, with their larger salaries, being usually bestowed as rewards for political services, are seldom open to minor officials and clerks, however capable and however meritorious their services. Therefore, they cannot rise beyond a modest minor position. As there is little oppor¬ tunity to rise, and therefore no sufficient reward for ability and initiative for exceptional diligence, application and de¬ votion to duty, the minimum of service is given. "The conditions of incompetent administration at the head and perfunctory service in the lower ranks are fatal to economic efficiency. The administrative heads, knowing little of the business, are not capable of devising and in¬ stalling really efficient methods. They are therefore con¬ tent to let the old methods continue, as the easiest way of getting along. The lower officials have neither the incentive nor the power to depart from methods in which they have long been trained and to which they have become wedded by long usage; in fact, any attempt at change is usually resented and resisted. "Hence the business proceeds almost wholly by force of long-entrenched routine, impervious and hostile to new methods, ignorant or unregardful of waste and inertia, hat¬ ing reform, and deadly to the spirit of progress and efficiency; while in the case of private operation we find continuously brought into play the qualities and the condi¬ tions which tend to maximum business efficiency—experi¬ ence, knowledge, special training, and the zeal arising from opportunity and self-interest. "The conditions that produce this result cannot be changed so long as popular choice and frequent changes of officials remain fundamentals of our political systems." This is a characteristic statement of the conclusions which seem to have been almost universally reached by 4 those who have studied intimately the workings of Govern¬ ment ownership and operation in general and are especially .applicable to the railroad situation. Desirability of Eliminating Wasteful Competition In regard to the matter of competition, consideration should be given to the amount and kind of competition which promises the most satisfactory results, taking into account the cost of operation and the quality of service. It may be assumed that competition in rates is not to be desired and is not consistent either with the public in¬ terest or the interest of security holders. Competition of this kind will, therefore, be passed without discussion. The elimination of competition in rates leaves to be con¬ sidered other forms of competition, particularly competi¬ tion in service and facilities—and especially from the point of view of its effect, in waste in operation and in waste of capital. Competition in service, as well as competition of other kinds, must also be considered from the point of view of their importance in fostering and stimulating individual initiative. Considering first the economic effect of competition in service, it may be pointed out that in order to overcome much of the waste in operation which formerly existed un¬ der private management, as well as to facilitate the move¬ ment of traffic, the present Railroad Administration has made numerous changes in operating methods and it is quite generally agreed that many of these changes prom¬ ise to be of such value that they should be preserved whether operation in the future is to be under public or private management. Without attempting to discuss these changes in detail, it may be said, generally speaking, that they have been made with a view to a reduction of operating expenses by more economical routing of traffic—that is to say, by mak¬ ing use of the shortest routes as well as routes uncongested by traffic; by such control of traffic at the sources as will prevent congestion at the terminals; by better distribution 5 and control of the car supply of the railroads as a whole; by the reduction of unnecessary passenger train service; and by other means which need not be enumerated at this time. It may be said further that it is expected to accomplish these results by a more extensive joint use of facilities and by greater co-operation in handling traffic than has been possible under existing laws, or can be expected without a more extended common interest in the results of operation of the properties as a whole. If this purpose were carried out, competition would necessarily be greatly reduced, for unification and competition are not consistent. A more extensive joint use of properties would not only reduce waste in operation, but it would serve also to prevent waste of capital by making it un¬ necessary to increase the capacity of individual properties, or to construct new lines, when traffic requirements could be met as well, or better, by the more effective use of facil¬ ities already existing. It is plain that the cost of service is increased, and an unnecessary burden is thus placed upon the public when capital charges are increased in order to provide facilities of greater capacity than necessary to meet the demands of satisfactory and adequate service. The public interest accordingly will not be served by a railroad policy which fails to make the most effective use of existing facilities or encourages further duplication of investment in terminals, tracks, equipment or other facili¬ ties which would not be necessary if there were a larger common interest in operation and in the ownership of ex¬ isting properties. Desirability of Eliminating Weak Systems Greater unification of operation and control in addi¬ tion to eliminating waste in operation and waste of capital among competing companies will serve also to overcome in large measure the disadvantages to the public which result from the disparity in operating and financial conditions be¬ tween strong and weak systems serving the same territory even though not directly competing in service. 6 It is well understood that some of these roads, having cost more to construct than others, require higher rates to offset charges upon the larger investment in their prop¬ erties; and others, being less advantageously located, re¬ quire higher rates to offset higher cost of operation, even though operation is as efficient as circumstances permit. It is clear, therefore, that rates which permit a majority of the most favored roads to earn an adequate return on their investment are insufficient to provide a fair return for the roads which have required a greater investment or are less advantageously located. On the other hand, rates sufficiently high to provide compensation which the prop¬ erty investment of the weak roads may justify provide too liberal a return for the strong roads and thus placq an unfair burden upon the public. The maintenance of strong and weak systems under these conditions is, therefore, a burden on the public, whether in the form of excessive rates to enable the weak roads to be prosperous, or, in the form of inefficient opera¬ tion and unsatisfactory service if the weak roads are al¬ lowed to remain unsuccessful. Desirability of Preserving Individual Initiative While there appear to be sound reasons for materially reducing much of the existing competition in service, it is possible, nevertheless, that some competition of this kind may be retained without the economic losses which have been referred to when such competition is too extensive. Consideration should be given to the contention that such competition is essential as an incentive to individual ini¬ tiative. It is held that without such incentive, railroad development would be retarded, railroad managements would be less energetic and less progressive and service would be less satisfactory. The importance of preserving individual initiative is not questioned but it is still necessary to consider the extent to which incentive is supplied by competition in service and facilities and the extent to which it is dependent upon other factors. This is largely a matter of opinion and 7 cannot be satisfactorily determined by evidence which is entirely conclusive. It may be said, however, that there is evidence to indicate that this incentive is more largely dependent upon proper inducements to capi¬ tal and upon such competition—if it can be called competi¬ tion—as arises from the force of example than upon com¬ petition in service. Consideration of the circumstances under which invest¬ ments have been made in public utility enterprises suggests that competition in service has not been an important fac¬ tor in the development which has taken place in recent years at least. Investment in electric light and power companies, local transportation and telephone companies now amounts to approximately $15,000,000,000, according to reliable esti¬ mates—a total which nearly equals the investment in the railroads of the country; and a considerable part of this investment has been made under conditions where compe¬ tition and duplication of service were prohibited. The growth of these companies continued so long as proper inducements were offered to capital. On the other hand, development was checked when these inducements ceased to be sufficiently attractive. While it is clear that the growth which has taken place has been largely the result of inducements offered to capital, it is fair to conclude that improvements in methods of operation and higher stand¬ ards of efficiency have been due largely to the existence of a reasonable number of separate, independent companies op¬ erating under different managements. For the most part, uniform accounting methods have been generally adopted and it has thus been possible, by intelligent comparison of the results obtained by companies operating under similar conditions, to determine the best methods of operation and to establish standards of efficiency which all companies have been expected to attain. Unification of properties and facilities should not be car¬ ried to a point where there would be no diversity of man¬ agement, but, as among public utility companies, while it should be the aim to eliminate wasteful competition, there should still remain competition in management by the pre- 8 servation of a sufficient number of separate organizations to provide a basis for comparing different operating and financial methods. By intelligent comparisons it should be possible to de¬ termine whether the railroad business of a community is being handled efficiently and economically just as it is pos¬ sible, by comparing one electric power plant with another, to determine whether power is being generated economi¬ cally and, by comparing other operating details, to de¬ termine whether the electric business as a whole is being managed according to accepted standards. In providing a sufficient number of railroad organiza¬ tions to give comparison of operating results and methods, it should be the aim to maintain systems where there would be the greatest similarity in operating conditions. This would involve in itself a certain amount of competition among strong systems operating in the same territory, but the wasteful competition could largely be done away with, through arrangements for the pooling of traffic and facilities or through other co-operative methods under proper re¬ strictions. Such companies as existed would afford the incentive coming from intelligent comparisons and the force of example; and if to the force of example were added the stimulus of proper financial reward the incentive would probably be sufficient to insure high standards of opera¬ tion, efficiency, and progress. Summary of Methods to be Followed Summarizing the foregoing, it seems clear that a rail¬ road plan, to be consistent with the principle of the most satisfactory service at the least cost, should be developed along lines which will aim to preserve private ownership and management; (it may be assumed under such Govern¬ ment control as will fully protect the public interests) ; to abolish competition in service which is likely to result in any substantial waste in operation or waste of capital; and to overcome the objection to the existence of weak sys¬ tems where conditions are not favorable for efficient and economical operation. It should further aim to stimulate 9 individual initiative by continuing a reasonable number of large systems operating under conditions sufficiently alike to make a comparison of operating statistics of value, and through them to establish standards by which results can be satisfactorily measured. Such a plan would obviously follow the third method of the solutions referred to at the beginning of this discussion, where the number of railroad companies would be relatively few. This would require the co-ordination of facilities of existing systems to a large extent, either by the consolida¬ tion of properties or by some arrangement which would permit them to be operated and managed more nearly as a unit. All of the considerations which have been stated above seem to show conclusively that such a policy with regard to the railroads, namely, the retention of a comparatively few self-supporting systems, is best suited to the principle which it is desirable to follow, and it is believed that it can also be shown that such a method of solution is the one most easily adapted to the facts and conditions of the railroad situation as they exist at present. Consolidation Along Natural Lines Certain phases of these facts and conditions, and their history, are significant as showing that the suggestions made above for further unification are consistent with the tendencies which have developed the transportation sys¬ tems of the country in their present form. In the early days of the railroad industry, distribution of commodities was on a much narrower scale than at pres¬ ent, and small railroad systems were built by local capital to meet local needs. As these railroad systems gradually met and through connections were established it became possible for commodities to be carried into a very much wider field of distribution. Industries sought new markets and the railroads sought new business, and the result was a much greater distance of travel for commodities and a necessarily much closer connection between the railroads of the various parts of the country. 10 The necessity of carrying goods greater distances led to the establishment of traffic relations between connecting railroads, and finally to actual consolidation of roads which formed main highways of transportation. Intercompany relations were brought about by mergers, leases, stock con¬ trol, or by traffic connections so permanently maintained as to become traditional. In this process of uniting the main lines of communica¬ tion, it was quite natural that the stronger and better situ¬ ated lines should consolidate and that the smaller and less favorably situated properties should frequently be left to shift for themselves; and this fact accounts, to some extent, for the inequalities between the strong and the weak roads as they exist today. These consolidations seem for the most part to have fol¬ lowed natural lines and to have been for the good of the communities served. While some injustice may have arisen through the entire railroad service of a district falling into the hands of a single group of interests, yet, as a general thing, the service provided by the larger and stronger com¬ panies has been superior to that which could have been furnished by a number of smaller companies operating the same mileage. It is probable that further consolidations would have taken place and more complete unification of properties would have been brought about had not the courts decided that legislation primarily enacted to control large com¬ binations of capital in industrial enterprises was equally applicable to railroads. If it is now thought desirable to revive this tendency toward combination along natural lines so as to create a few large and self-supporting systems as outlined above, it may be advisable to study the direction which this consolidation was taking, at the time of its suspension, with regard to affiliated ownership of various lines and also to study the natural traffic alliances which exist even though no permanent financial relationship has been estab¬ lished. It is believed that a study of this kind will show that progress toward unification has been made to a much II greater extent than is generally realized and that the prob¬ lem is very much simplified because of this fact. Basis for Consolidations The Report of the Interstate Commerce Commission for the year ended June 30, 1916, shows that in the United States there were 178 Class I roads—that is, roads with an annual gross operating income of $1,000,000 and up¬ wards, and 268 Class II roads, or roads with an annual gross operating income in excess of $100,000 and less than $1,000,000. The combined earnings of all Class I and Class II roads for the year were $3,456,932,641, of which $3,381,597,866, or 97.8 per cent, were earnings of the Class I roads, and $75,334,775, or 2.2 per cent were earnings of the Class II roads. Present purposes will be served by considering only Class I roads. While many of these systems maintain sep¬ arate corporate organizations and make separate reports, the number which maintain entire financial independence is materially smaller. For example, the Pennsylvania Rail¬ road and its affiliated companies own a majority of the entire capital stock of 11 of these systems; the New York Central, 9; the Atlantic Coast Line and Louisville & Nash¬ ville, 9; the Southern Railway, 8; the Northern Pacific, 8; the Southern Pacific, 7; and there are numerous instances of similar relationships among the remaining companies. If it be assumed that control through stock ownership es¬ tablishes such unification of interests that the various com¬ panies grouped in this way can be properly considered as individual systems, the number of separate and independ¬ ent systems would be reduced to 85. In the Eastern District the combined earnings of 10 sys¬ tems computed upon this basis, amounted to $1,328,833,504, or 87.44 per cent of the earnings of the entire district. The combined earnings of the 19 remaining roads amounted to only $190,811,564, or 12.56 per cent of the whole. In the Southern District the gross operating income of 5 systems amounted to $445,341,909, which is equal to 88.22 per cent of the whole, the balance, $59,475,126, which 12 is equal to 11.78 per cent, being divided among the 12 re¬ maining systems. In the Western District the gross operating income of 7 systems amounted to $908,217,657, or 66.92 per cent of the whole, the balance of $448,918,106, equal to 33.08 per cent, being divided among 32 systems. Combining these three districts, the total earnings of the 22 systems amounted to $2,682,393,070, which is 79.3 per cent of the combined earnings of the Class I roads of the country as a whole, the balance, $699,204,796, being divided among 63 systems. It will be seen from these figures that the process of co-ordinating and unifying the transportation systems of the country is already well advanced. If it be assumed that such co-ordination of facilities as has already taken place among the railroads mentioned above is the result of nat¬ ural traffic relations, and that it is desirable to continue this policy, the best solution of the railroad problem would be to develop a plan which would aim to preserve the larger and stronger systems as they exist at present and provide for further unification with these systems as a basis. While it is probable that these 22 systems might con¬ tinue to operate independently without any great dis¬ advantage to the public from an economic standpoint, nevertheless, if it appears to be desirable, some further combinations among these 22 systems could be readily made so as to materially reduce this number. Possible Grouping In order to make the situation clearer two statements have been prepared, the first of which shows the gross op¬ erating income and mileage of these 22 systems whose combined earnings represent 79.3 per cent of the gross operating income of all Class I railroads in the United States for the year 1916; and the second a tentative sug¬ gestion for 13 systems resulting from further unification. These statements follow and are marked Exhibit A and Exhibit B. 13 EXHIBIT A CORPORATE NAME EASTERN DISTRICT Pennsylvania R.R. Co. New York Central R.R. Co. Baltimore & Ohio R.R. Co. Philadelphia & Reading Co. New York, New Haven & Hartford R.R. Co. Erie R.R. Co. Boston & Maine R.R. Co. Delaware Lackawana & Western R.R. Co. Lehigh Valley R.R. Co. Delaware & Hudson Co. SOUTHERN DISTRICT Atlantic Coast Line R.R. Co. Southern Railway Co. Illinois Central R.R. Co. Norfolk & Western Railway Co. Chesapeake & Ohio Railway Co. WESTERN DISTRICT Northern Pacific Railway Co. Southern Pacific Co. Atchison, Topeka & Santa Fe Railway Co. Union Pacific Co. Chicago & Northwestern Railway Co. Chicago Milwaukee & St Paul Railway Co. Great Northern Railway Co. Mileage Operated Gross Operating Income 11 215 413 527 860 13 302 353 353 261 5 172 123 474 168 2 099 97 152 391 2 874 90 124 838 2 398 76 473 575 2 298 52 075 428 955 49 335 739 1 444 47 382 569 886 25 933 675 12 244 121 647 573 10 609 115 541 820 8 073 95 197 392 2 086 57 304 586 2 736 55 650 538 19 362 202 386 954 10 852 151 514 357 11 843 138 768 080 9 346 117 802 261 9 861 110 836 429 10 208 105 646 484 8 031 81 233 092 Total Mileage Operated Total Gross Operating by Districts Income by Districts 42 643 1 328 833 504 35 748 445 341 909 TOTAL Eastern, Southern & Western Districts 79 523 157 914 908 217 657 2 682 393 070 CORPORATE NAME EASTERN DISTRICT (Pennsylvania R. R. (New York, New Haven & Hartford R.R. (New York Central R.R. (Boston & Maine R.R. (Baltimore & Ohio R.R. (Philadelphia & Reading Railway (Erie R R. (Delaware, Lackawana & Western R.R. (Lehigh Valley R.R. (Delaware & Hudson Co. SOUTHERN DISTRICT Atlantic Coast Line R.R. Southern Railway Co. Illinois Central R.R. (Norfolk & Western Railway (Chesapeake & Ohio Railway WESTERN DISTRICT Southern Pacific Co. Atchison, Topeka & Santa Fe Railway Chicago, Milwaukee & St Paul Railway (Northern Pacific Railway (Great Northern Railway (Union Pacific Co. (Chicago & Northwestern Railway Co. TOTAL Eastern, Southern & Wi EXHIBIT B Mileage Operated Gross Operating Income Mileage Operated Gross Operating Income 11 215 2 874 413 527 860 90 124 838 14 089 503 652 698 13 302 2 298 353 353 261 52 075 428 15 600 405 428 689 5 172 2 099 123 474 168 97 152 391 7 271 220 626 559 2 398 955 1 444 886 76 473 575 49 335 739 47 382 569 25 933 675 5 683 199 125 558 Total Mileage Operated by Districts 42 643 Total Gr, Oper¬ ating Income by Districts 1 328 833 504 12 244 121 647 573 10 609 115 541 820 8 073 95 197 392 2 086 57 304 586 2 736 55 650 538 4 822 112 955 124 35 748 445 341 909 10 852 151 544 357 11 843 138 768 080 10 208 105 646 484 19 362 202 386 954 8 051 81 233 092 27 413 283 620 046 9 346 117 802 261 9 861 110 836 429 19 207 228 638 690 79 523 908 217 6=7 n Districts 157 914 2 682 393 070 If the numerous lines which are tributary to these sys¬ tems were gradually absorbed on some basis which was fair and mutually satisfactory, there would eventually be four systems in the Eastern District, four in the Southern, and five in the Western. They would cover every part of the United States; there would be some competition in service but under such conditions that waste in operation and waste in capital would be largely eliminated. Such competition as remained, preventing the attainment of the best economic results, could be controlled by pooling of traffic and facilities under proper Governmental regula¬ tion. The disadvantages to the public due to the existence of weak systems would be overcome. It would be possible to test rates more easily and more accurately by their rela¬ tion to a few strong systems operating with equal advan¬ tages than by considering them in their relationship to a large number of systems operating under varying and un¬ equal conditions. There would be a sufficient number of systems operating under similar conditions and under dif¬ ferent managements to establish standards by which results could be measured, and to encourage rivalry in manage¬ ment and foster individual initiative. If the various railroad systems of the country were to be merged in some such way as suggested, the natural al¬ liance of the remaining roads would appear to be clear in many cases. For example, the Maine Central and the Bangor & Aroostook systems would naturally become a part of the New York Central. In other cases it would not be so clear. For example, the Western Pacific, the Denver & Rio Grande and Missouri & Pacific, the Rock Island and the Southwestern systems might be allied with some of the basic systems already proposed, or they might be combined so as to form one or more additional systems. Again it is probable that some changes might be made with advantage in the grouping of the original thirteen systems. For example, the Baltimore & Ohio might take over only the Central of New Jersey, which is a part of the Reading System, and the Philadelphia & Reading might become a part of the New York Central or be merged with 16 a group made up of the Delaware, Lackawanna & Western, Lehigh Valley, et al; or again the Norfolk & Western and Chesapeake & Ohio Systems might be merged with the Baltimore & Ohio, and in this way the basic systems would be reduced to twelve. It is not the intention to suggest an arbitrary, complete, or final distribution of the various systems, but rather to present the matter in this form, as a tentative grouping to indicate more clearly the application of the principles which have been outlined, and show that the relations of the va¬ rious systems are such that a plan could be worked out along these lines without revolutionizing or disrupting the pres¬ ent transportation systems of the country and to show, fur¬ ther, that such a method would be in accord with methods which had been followed in the past. Basis of Sound Credit for Future The conclusion that the public interest will be served better under private management pre-supposes that legis¬ lation will be enacted which will have in view the estab¬ lishment and maintenance of credit upon such a perman¬ ently sound basis that private management can obtain capital in sufficient amounts to provide whatever facilities are necessary to meet the traffic requirements of the country. This demands that no systems of weak and un¬ certain credit should remain. If railroad credit is to be established on such a basis, there must be assurance that rates will be sufficient to provide a reasonable return on a reasonable amount of capitalization; and further, even if a reasonable return on a reasonable capitalization is pro¬ vided, it must be understood that credit will still be un¬ certain unless the capitalization is properly divided between securities with fixed and contingent charges, or, as it is more commonly but less correctly stated, between stocks and bonds. It is necessary, first of all, that the fundamental principles of credit should be clearly understood; the amount of capital on which a return should be paid must be def¬ initely determined; there must be agreement as to the rate of return which is reasonable and also upon the margin of 17 earnings which is required to establish confidence in the stability of railroad investments, both stocks and bonds. Assuming that the amount of property investment can be agreed upon and set up as a basis of rate making, the whole problem will be simplified and there will be much less misunderstanding in the future if a plan can be developed along lines which will result in such an adjustment of out¬ standing capital obligations that the total face value of stocks, bonds, and other forms of indebtedness are made proportionate to the property investment so that the term "property investment" and "capitalization" can be used interchangeably. Discussing first of all the proper ratio of stock and bonds —bonds for this purpose being understood to include all obligations carrying a fixed charge—it may be said that ex¬ perience shows that railroads which in the past have been able consistently to finance a considerable part of their requirements by the issue of stock, which is usually con¬ sidered evidence of high credit, have been railroads which have earned their fixed charges two and one-half times over and which have not paid out substantially more than 30 per cent of their net earnings for both fixed charges and dividends. Under these circumstances there has been left a balance of approximately 20 per cent of net income which has been carried to surplus, thus affording the necessary assurance that even if there should be a considerable tem- porarj reduction in earnings, due to business depression or other unforeseen circumstances, the ability of the company to maintain its dividend payments would not be threatened, and also permitting liberal contributions to improvements In the property without increasing capitalization. To illustrate, on the basis of $100,000 net earnings; $40,000 would be available for fixed charges, $40,000 for dividends, and $20,000 for surplus. Assuming that the $40,000 fixed charges representing interest on bonds were capitalized on a 5 per cent basis, and $40,000 representing dividends on stock were capitalized on a 6 per cent basis, the total resulting capitalization would be $1,466,000—ap¬ proximately $800,000 bonds and $660,000 stock—the bonds 18 representing about 54 per cent of the total capitalization and the stock 46 per cent. Earnings of $100,000 on the total capitalization or property investment of $1,466,000 would be at the rate of 6.80 per cent, and, of this, a sum equivalent to 5.44 per cent would be distributed to security holders, leaving a balance of 1.36 per cent to be returned to the property in some form. This is not an arbitrary or theoretical standard of credit. It represents substantially the conditions which prevailed during the period prior to 1910 when the more prosperous railroad systems of the country financed a considerable part of their requirements by the issue of stock, and therefore, indicates the conditions which were satisfactory to in¬ vestors. It may be said further that there were few rail¬ roads which complied with these conditions that did not finance to some extent by the issue of stock; and, on the other hand, that there were few instances where stock was issued where such conditions did not exist. It is reasonable to expect that it will require the main¬ tenance of equally favorable conditions to sustain credit in the future; that is, a like relation between bonds and stocks, and a like margin of earnings above the interest and divi¬ dends, in order to make railroad enterprises satisfactory fields for investment. The matter of credit is absolutely essential to the per¬ manent success of any railroad program, and it has also a most important bearing on the immediate problem of the return of the railroads to private management. If it be agreed that the best solution of the railroad problem re¬ quires that the existing railroad systems should be amal¬ gamated in some such way as suggested, it is necessary to consider whether the various combinations should be worked out after returning the individual properties to their pre-war status, and after first re-establishing their operating organizations, and restoring conditions as nearly as possible to those which prevailed at the time they were taken over, or whether the various consolidations should be worked out in advance of, or coincident with, their re¬ turn to the owners. 19 Support of Credit During Transition Period To restore the individual properties to their pre-war status while a plan of amalgamation was being worked out would mean the deliberate creation of a transition period during which the very evils which this proposed solution of the railroad problem is desired to remedy would be in¬ creased in number and aggravated in intensity. Every argument against the return of the roads to the private control of the several hundred old companies as a per¬ manent solution of the problem, every condition which makes a return to anything approaching the situation which existed prior to January 1, 1918, impossible, applies with equal force to the proposal to resume the pre-war status during this transition period. If the future relationships of the railroads are to be worked out upon the principle of eliminating wasteful competition in financing and opera¬ tion it is manifestly absurd to set aside that principle for the period during which arrangements are being made to carry its application to a logical conclusion. More¬ over, there is involved in any such program the danger of destroying that credit of the railroads upon which depends the possibility of obtaining an equitable basis for the finan¬ cial arrangements to be entered into as a necessary fea¬ ture of the proposed combinations. It is a grave objection to the restoration of the individual roads to private management that in many instances the credit of these properties would be dissipated immediately upon the cessa¬ tion of Government responsibility for their maintenance and a fair return upon the investment which they repre¬ sent. In the process of constraining all the railroads taken over to the single purpose of serving the Nation's war needs, many of them have necessarily lost business and now find themselves burdened with obligations arising di¬ rectly from the fact that their control has been in other hands for a year or more. Under the circumstances they have no credit other than that which proceeds from the Government guarantee of rental and a belief that Govern¬ ment control will end under conditions which will insure the stability of their credit. 20 Assuming that the plan of consolidation as outlined above had been accepted, it would be most unfair to withdraw Government support from the credit of those roads which have suffered because of their seizure by the Government. To return them to their individual companies and then later on to combine them upon terms reflecting the loss of credit sustained by them as a result of such return would be unfair and unjust because the position of some companies will have improved at the expense of others. Under the circumstances the interests of the several companies which are to become parties to the merger should be determined on the basis of the relationships which existed prior to Federal control—and which cannot be restored—rather than by the new relationships brought about as the result of such control. From every point of view the breaking of the continuity of credit by a temporary return of the prop¬ erties to their pre-war status must be regarded as danger¬ ous procedure. Taken in conjunction with others, this ob¬ jection to returning the properties as a condition precedent to the proposed amalgamations appears conclusive. There remains for consideration the proposal to inaug¬ urate the contemplated amalgamations during the period of Government control so that they will have been accom¬ plished by the time such control is ended. It is obvious that under the conditions of Government control there would be little difficulty in making the physical arrange¬ ments involved in forming the proposed systems. It is likewise clear that with all the roads on the same basis of a guaranteed credit standing, the financial arrange¬ ments by which the amalgamations would be completed could be determined with greater justice to security holders than would be possible if such guarantee of credit were withdrawn prior to the amalgamation. The arrangements for unification of properties and the necessary readjustments of capitalization, will require some time. The security holders will have much greater con¬ fidence if the transition takes place while their respective systems are in receipt of a fixed revenue, than if they are 21 obliged to face for a period the inequalities in results caused by Federal control. What may not appear so readily, but a matter equally demonstrable, is that it will be necessary to the largest benefit from the proposed reorganization that the Govern¬ ment continue to guarantee the credit of the new systems beyond the time when its actual management of the roads ceases. How long that guarantee ought to continue will be determined by the rapidity with which the plan here proposed proves to be a solution of our railroad problem and the length of time it requires for such readjustment of income to expenses as may be necessary to re-establish the railroad business on a sound and. profitable basis. The continuance of the Government guarantee will in itself tend to quicken readjustment to the new arrange¬ ment. The essential thing, however, is that the com¬ binations may be entered into with the confidence that Government support of credit will insure a steady supply of funds for maintenance, improvement, and extensions, and that this support will not be withdrawn until the railroad systems of the country are again on a stable basis—able to meet requirements and to offer inducements to capital as sound investments. Some such arrangements as outlined will not only serve the public interest and the interest of investors, but will be of the greatest advantage to the Government. It should not be overlooked that large sums are already owed the Government by the railroads and these sums are sure to become increasingly larger as credit declines and is less certain. With stability of credit maintained there will be less dependence upon direct Government aid for financing during the transition period, and there will also be greater assurance of the eventual payment of the advances already made by the Government. Objections to Permanent Government Guarantee Necessary, however, as such a Government guarantee of credit will be during the period of readjustment to the changes proposed, its continuation as a permanent policy is 22 quite another matter and presents a question of funda¬ mental importance because of its bearing on the problem of future financing. While the subject of future financing has already been touched upon in the general discussion of credit, it will be well to consider it in greater detail in view of the large amounts of new capital which must be raised in the future. It has been estimated that at least $1,000,000,000 of new capital will be required annually to provide for the needs of the railroads as a whole in order that facilities may keep pace with the business offered and in order to meet maturing obligations. To raise these vast sums will re¬ quire a comprehensive and well considered financial policy. If a plan is to be worked out in line with the purpose already stated, namely, to furnish transportation at the lowest cost consistent with adequate service, not only must capital be had but it must be obtained on economical terms. Government credit is superior to corporate credit and it might appear therefore, at first sight, that a Government guarantee of railroad securities, or a guarantee of earn¬ ings sufficient to pay fixed charges and reasonable dividends, in whole or in part, would prove to be the most economical method of financing. Such use of the public credit, how¬ ever, is open to several of the objections to Government ownership and management which have been referred to, and it is believed that the small advantage expected from it would be more than offset by the failure to get the most efficient operating results. The inevitable outcome of a guarantee of interest and dividends sufficient to provide the maximum return to which investors are entitled would be a demand that the Government participate in the management to a greater extent than is desirable if the greatest benefits from private operation are to be obtained. A Government guarantee would present a situation analogous to the Boston Elevated and Bay State Street Railway situations where legislation providing for the guarantee of securities by the State of Massachusetts also provided that the responsibility for management should be vested in the hands of trustees 23 appointed by the Governor of the State. Whatever the extent of the participation in the management at the out¬ set, it is probable that under such circumstances the Government would eventually become such a dominating influence that individual initiative would be greatly lessened and the benefits to be expected from private management would be partially, if not entirely lost. The same objection would apply to a guarantee of mini¬ mum earnings. Moreover, it is difficult to see how there would be, under a guarantee of minimum earnings, any appreciable saving in the cost to the public if it were the purpose to provide rates which would give the investor the maximum to which he was entitled since the plan on its face would recognize that these minimum earnings did not represent an adequate return on invested capital and it would be necessary, therefore, to provide for rates which would give a return in addition to the minimum. The difficulty would be, however, that the minimum return would probably soon come to be recognized as the maximum return to which the investor was entitled, and any sub¬ stantial return above the minimum would be looked upon with suspicion and taken as evidence that rates were too high. It is possible that a guarantee of minimum earnings somewhat exceeding fixed charges might enable limited borrowing on more favorable terms for a time. To maintain credit permanently, however, requires the issu¬ ance of proportionate amounts of stock, and to issue stock requires that dividends be permanently assured. Under such a guarantee as suggested dividends would be no more, and perhaps less certain than in a plan which did not in¬ clude a guarantee, but which recognized the necessity of providing such dividends as were essential to maintain railroad stocks on a sound investment basis. A guarantee of minimum earnings would not provide a financial policy that would command the confidence of in¬ vestors. It would indicate first, the need of a guarantee, implying a feeling that railroad rates were not to be put on a sufficiently liberal basis to assure even a minimum 24 return; and would, accordingly, create the gravest doubts in the minds of investors as to whether the regulating authorities would assume the responsibility of making rates that would consistently provide a return in excess of the guaranteed minimum sufficient to protect existing investment and attract new capital. Under all the circumstances, it seems probable that credit will be better sustained and new capital will be obtained more readily, if there is assurance that the rail¬ roads will be self-supporting as the result of the establish¬ ment of a policy under which an adequate return is clearly and satisfactorily defined and the responsibility is placed upon the regulating authorities to establish rates which will yield such return, than under a policy which assures a minimum return only and leaves the prospect of payment of a fair and reasonable return surrounded with uncer¬ tainty and doubt. In considering economy in financing, it should be kept in mind that a high standard of private credit creates a sound investment, and the sounder the investment the lower the rates at which capital is obtainable. It, there¬ fore, follows that the difference between obtaining capital on Government credit and obtaining it on corporate credit is much less when credit is on a sound basis than when credit is weak and uncertain, and this emphasizes the im¬ portance of establishing railroad credit on the soundest possible basis if financing is to be accomplished on the most favorable terms. Necessity for Surplus Earnings Furthermore, it may be said that the more favorable economic results which are claimed for Government financing over sound corporate financing are frequently overstated, because in Government financing an adequate return is considered to consist only of the amounts re¬ quired to pay interest and dividends, while in corporate financing an adequate return is generally understood to be not only the amounts required to pay interest and divi¬ dends, but also the additional amount necessary to be 25 earned in order satisfactorily to insure such payments. In comparing the cost of Government and corporate financ¬ ing, the difference should not be regarded as the amounts paid out for interest and dividends by the Government and the amount earned on capital under private management, but consideration should be given only to the amounts, in each case, which are paid out as interest and dividends. For example, it has been suggested in some plans that financing might be accomplished through a Government guarantee on a 41/2 per cent basis and that private financ¬ ing requires, for example, that 7 per cent be earned on invested capital. Deductions based on these considerations have made it appear that there would be a saving equivalent to 21/2 per cent on invested capital, if advantage were taken of Government credit. The difference, however, would be much less if the comparison were confined to the amounts actually required for interest and dividends. Corporate financing requires the existence of a sur¬ plus and if the surplus required to maintain confidence in investments be considered as an amount equivalent to 20 per cent of net earnings or, stated in another way, that earnings should equal 125 per cent of the amount required for interest and dividends, only 80 per cent of the amount earned would be paid out to security holders. If but 80 per cent of the 7 per cent were paid out the net amount dis¬ tributed as interest and dividends would be but 5.60 per cent, and the difference in cost of financing would be the difference only between 41/2 per cent and 5.60 per cent, or a little over 1 per cent. Because it is possible, where the public credit is used, to provide through taxation for a deficit after it appears, it is not necessary to provide in advance for rates which will substantially exceed the amount of interest and divi¬ dends, but as private financing is not protected in the same way it becomes necessary to provide against a possible deficit by charging sufficient rates in advance to exceed substantially the amounts necessary for these payments; in other words, to provide a surplus. If the public is called upon to pay rates which yield not 26 only an income sufficient to pay the return to which the investor is entitled but also an additional amount for the purpose of assuring the payment of such return, this fact must be taken into consideration in determining the dis¬ position of the income in excess of the required payments. It seems fair to conclude that the excess should in some way be conserved for the benefit of the public from whom it is collected; and if this were done, the difference between the cost of public and private financing would be less marked, as in the example just stated. To the extent that this surplus is conserved and expended for additions and improvements, and not used as a basis for future rates, property investment will be increased without the addition of new capital which would otherwise be required, and rates would be correspondingly lower, being based on a propor¬ tionately smaller investment. When the principle becomes recognized and established that the purpose of a surplus is primarily to assure the payment of just and reasonable compensation on invested capital, and that whatever surplus is accumulated by the payment of rates higher than necessary for this purpose will be conserved for the benefit of the public and will not be used to give a larger return to security holders than that to which they are fairly entitled, much of the conflict over charging rates sufficient to sustain railroad credit will dis¬ appear. It may even be possible that if flexible regulation of rates is established as a permanent policy investors may ultimately be satisfied with a smaller proportion of surplus in the belief that the business is less subject to contingencies under the new conditions. It is obvious that such a policy toward rates would limit maximum dividends to moderate payments and the result would be that the market for railroad stocks would be con¬ fined largely to investors who are willing to take a low rate of return provided the risk of the investment is re¬ duced to a minimum. Investors who are attracted more largely by prospects of increased dividends or an occasional distribution of extra dividends may be expected to look to 27 other fields of investment where there is a greater risk and the return is commensurate with such risk. If there is reasonable assurance that satisfactory divi¬ dends will be permanently maintained and stockholders are permitted to subscribe for new issues of stock from time to time at prices somewhat below the current market, the authorization to issue and the price to be approved by the Interstate Commerce Commission or some similar body, there is every reason to believe that the inducement offered to stockholders will be sufficient to make the flotation of new issues successful; credit will be maintained, and it will "be possible for the railroads to obtain capital properly to de¬ velop their facilities. Measure of Fair Earnings The terms under which capital can be obtained in the future cannot be determined in advance. The rates of in¬ terest on borrowed capital and the rates of dividend which will have to be paid on stocks to make them attractive to investors, will depend upon general market conditions, and in view of the upward trend of interest rates it seems prob¬ able that capital will not be obtainable, during the next few years at least, at as low rates as formerly. The suggestion contained in some of the plans that a 6 per cent return on property investment should serve as a standard for measuring an adequate return for the future should be examined with some care. Even if it should prove that such a return on property investment has been adequate in the past to provide rea¬ sonable compensation for invested capital and an additional amount to provide the necessary margin of safety, it is by no means certain that the same return will prove to ue adequate for the future. Moreover, an examination of the available data covering the prices of both stocks and bonds of the best railroad systems of the country covering the past ten years plainly indicates that a 6 per cent re¬ turn has not been sufficient, even during this period, to provide the necessary margin over the amounts required to pay interest and dividends on investments of new capital. 28 The fact that the issues of railroad stock practically ceased toward the end of this period points unmistakably to this conclusion. During the ten years 1908 to 1917, the range in the in¬ come yield of twelve of the best standard issues of railroad stocks was from 4.53 per cent to 6.11 per cent. For the first five years of the period 1908 to 1912, the combined average yield ranged from 4.53 per cent to 5.49 per cent with an average for the period of 5 05 per cent. For the second five years 1913 to 1917, the combined average yield ranged from 5.39 per cent to 6.11 per cent, with an average for the period of 5.63 per cent. The average yield of these same stocks as of May 1, 1919, was 6.96 per cent. For the same period the average income yield on the best issues of underlying railroad bonds ranged from 4 per cent to 4.62 per cent. The average for the first five years 1908 to 1912 was 4.09 per cent, and for the second five years, 1913 to 1917, it was 4.44 per cent. The average yield of these bonds as of May 1, 1919, was approximately 5.16 per cent. Assuming that financing had been accomplished by the issue of equal amounts of bonds and stocks, and assuming further that it had been possible to obtain capital on terms based on the average income yield of these bonds and stocks, without taking into account any provision for a margin of safety and measured only by the rate of return on these bonds and stocks, the average cost of new capital for the period 1908 to 1912 would have been 4.57 per cent, and for the years 1913 to 1917 5.04 per cent. On the basis of the present market prices of bonds and stocks, the cost of capital would be 6.06 per cent. Under these conditions capital would have been obtained on the most favorable terms, for not only would advantage have been taken of the prices which are available to roads cf the highest credit only, but no account would have been taken of the effect on prices which would have resulted from placing large amounts of new stock on the market; 29 nor would any consideration have been given to the fact that underlying bonds are not generally available for financ¬ ing and it is necessary to issue, to a large extent, junior issues with an additional yield of at least J/2 of 1 Per cent. Even under these most favorable circumstances, it would have taken earnings of 5.71 per cent on new capital for the years 1908 to 1912, if income had been sufficient to provide a surplus equivalent to 20 per cent of net earnings above the amounts required for interest and dividends. On a similar basis, during the five years 1913 to 1917, it would have required earnings of 6.30 per cent. On the basis of market price? May 1, 1919, it would re¬ quire earnings of 7.58 per cent on new capital. These figures plainly show that there are wide fluctua¬ tions in the prices of securities—both bonds and stocks— and these fluctuations in prices cause a change in the amount of interest and dividends necessary to be paid in order to obtain capital. An adequate return, being measured by varying amounts of interest and dividends, cannot be determined by any fixed and unchangeable rate of return on invented capital or property investment and any plan, therefore, which aims to establish a rule of rate making on such a basis ignores the fact that the price of capital is subject to fluctuations and changes which may approximate those that take place in the prices of labor and materials. If capital could be obtained on an average of 4 per cent, a return on property investment of 5 per cent would produce income sufficient to maintain the margin of safety to which reference has been made. On the other hand, if the market price of capital were 8 per cent, a return of 10 per cent on property investment would be required to maintain this margin. To establish any given return on property investment as a basis of rate making is open to the objection that the rates may not prove high enough to produce an adequate return, and in that case new capital will not be made avail¬ able, or, it may produce more than an adequate return, in which case the public will have been charged unnecessarily high rates. 30 Assurance of Fair Earnings to Maf(e Railroads Self-Supporting In the history of rate regulation for railroads and other utilities it is believed that there has been no instance in which standards of rate making have been established in the legislation creating the rate making body. This matter has been left for the regulating bodies them¬ selves to work out, and the results have been lacking in uniformity, and for the most part unsatisfactory both to the companies and to the public. The usual plan has been to set up a valuation for a company whose rates were under consideration, the basis of this valuation varying widely in different localities and at different periods and to permit an earning power, based on this valuation, and usually at a fixed rate varying for the most part from 6 to 8 per cent. This method of rate making has thrown upon the regu¬ lating bodies a responsibility which they have not fully accepted. They have for the most part been unwilling to act except on the basis of conditions which had been so long in existence, that when the remedy came, it often came too late. They have been almost universally inclined to act on the basis of a fixed rate of return, the fallacy of which has already been discussed; and they have apparently proceeded on the theory that if a company could borrow money on any terms, it had good credit. The result has been almost fatal to railroads and utilities alike; and not only investors, but many of the best operating men, have concluded that conditions in these enterprises made success impossible, and have withdrawn in dis¬ couragement. If the railroads are to proceed upon a self-supporting- basis, they must do so under an assurance, plain enough for anybody to understand, that they will have sufficient earning power to permit them to continue successfully in business. Such an assurance can only be had if the legis¬ lation under which they operate contains plain statements of the standards of rate making and instruction as to how these standards shall be applied. And as investors and 31 operators alike have been discouraged and repelled by the rate making conditions of the past, any standards which are set up for the future must be fair enough and liberal enough to overcome the effect of past mistakes in regula¬ tion. Whatever else such legislation contains, it should at least state plainly, that in default of positive mismanagement, a railroad should be assured of sufficient rates to meet its operating expenses and taxes, depreciation, rentals, and interest and dividends, with a sufficient surplus over and above all these to attract new capital. The rates, in other words, must cover the cost of opera¬ tion plus the cost of capital; and the cost of capital should be as nearly as possible, the actual cost. So far as existing investment is concerned, both the actual amount of capital raised and its cost are practically impossible to determine. Accordingly, some arbitrary method must be adopted by which an amount of capitalization will be validated, so to speak, on which the interest and dividends at current rates will give a fair rate of compensation. For this purpose an agreed valuation of the property must be adopted and an amount of income determined which will provide reason¬ able and fair compensation on the valuation, plus a satis¬ factory margin of safety. This margin may be equivalent to 20 per cent of the net earnings as suggested above, or whatever other amount may prove to be necessary. To this should be added the actual interest and dividends on new capital raised from time tc time, plus a corresponding margin of safety. The margin of safety is to be used for the benefit of the public, except that a certain portion should be maintained in the form of reserves from which dividends can be paid temporarily at times when the general level of rates is too low to allow fair dividends to be earned. The test of fair dividends should be the ability of the rail¬ roads to obtain at least half of their new money through sales of stock at par or over. This principle of rate making corresponds closely to the service at cost principle which has been adopted in a num¬ ber of instances for determining a fair and reasonable re- 32 turn on street railway investment, the only substantial difference being that the adequacy of return on new capi¬ tal invested is determined by the actual cost of capital and the required margin of safety rather than by a fixed rate upon such investment. It is assumed in setting up these standards that the various consolidations have been worked out on a basis as suggested, where their capitalization corresponds with their fair valuation, and that their proportion of bonds and stock is correct to start with. These matters have already been discussed, and it is only to be expected that the railroads must start fairly if they expect to be treated fairly. The only test of standards for the future will be their success in furnishing good transportation at reasonable cost, and in the end the standards must be made liberal enough to keep the railroads as successful going concerns. It is be¬ lieved, however, that the intention of living up to these standards must not be left to the discretion of constantly shifting boards of regulation no matter how good their intentions; but must be stated so plainly and so au¬ thoritatively as to constitute a contract between the people and the railroads, the non-observance of which would be a breach of faith. Administration and Supervision It is not intended at this time to do more than discuss the principles on which the treatment of the railroads should proceed. When the correct principles are clearly understood and adopted it will not be a difficult matter to devise ma¬ chinery for carrying them out. The principles which have been discussed, however, suggest their own methods to a certain extent, and some of these may be briefly mentioned. In the matter of consolidation a joint board should be established, composed of members of the Inter-State Com¬ merce Commission and of competent railroad men, to decide upon the grouping of the roads. This grouping should proceed along logical lines, with due regard for traffic, operating and financial considerations, as already discussed. This Board, or some similar body, must prescribe standards 33 of financial soundness to which the companies must con¬ form before their actual consolidation. This means that they must come in on a basis in which their share in the consolidation will be proportional to their fair valuation and in which their security holders must accept stock in the consolidated company to a fair proportion of the determined valuation. The decision as to valuation should be on a fair agreed basis, taking all factors of value into consideration. As a consolidation is in the public interest, any road agreeing to consolidate should continue to receive its stan¬ dard return from the Government until the terms of con¬ solidation are worked out and the consolidated roads are under a system of regulation assuring adequate rates. Any company which prefers not to consolidate may be given back to its owners at once, with no provision for a standard return or other form of guarantee. The guaranteed return may also be discontinued on any road which does not ar¬ range its affairs for consolidation within a stated reason¬ able time. Consolidation as outlined will require the modification of the anti-trust laws and other conflicting laws so as to per¬ mit not only the merger of properties but also joint use of property and the actual pooling of earnings, when neces¬ sary in the public interest. In the matter of permanent supervision and regulation, it is believed that with the principles correctly determined in the first place any reasonable method will be successful. There seem to be many advantages in a system of regula¬ tion somewhat along the lines of the Federal Reserve Bank¬ ing System, by which the Inter-State Commerce Commis¬ sion and some of the leading railroad men may be united into a central body for determining general railroad policies and watching the tendencies of the comparatively few sys¬ tems as to earnings, financial methods and general useful¬ ness to the public. Similarly, following the Federal Reserve Banking methods, regional organizations may be set up in which the Inter-State Commerce Commission and the State regulating bodies may be represented and in which also the local railroad heads, shippers and labor interests may 34 have representation. These district bodies should have the decision in all cases involving local rates, service, labor ques¬ tions, and other local matters, using the central body only as a court of last resort. The final determination as to questions affecting labor, should be exercised in all cases by the same body which has the determination of questions respecting rates, in order that there shall not be a division of responsibility in regard to these closely connected factors. Conclusions The conclusion was reached in the early part of this discussion that a consolidation of the railroads into & relatively few strong systems would provide the most effective means of overcoming waste in operation, and of preventing duplication in facilities and consequent waste of capital. It would also, by equalizing and averag¬ ing conditions, do away with the disadvantages arising from the existence of strong and weak railroads. Consid¬ eration of the problems which relate to financing leads to the same conclusion, namely, that only by consolidating the railroads into financially strong systems will it be possi¬ ble to raise capital for future requirements. If the roads are properly grouped there will be little or no difference in the ability of the systems operating in the same territory to prosper under the same rates, and the difficult and complicated problem of the disposition of the excess income of the more prosperous systems will largely cease to be a serious problem. Such consolidations will also simplify the problems of regulation and ad¬ ministration. The first essential step, therefore, in the solution of the railroad problem is the determination of the grouping which will best accomplish these results and such provision as may be necessary to bring about these consolidations at an early date. The second is to determine the standards of credit nec¬ essary to be observed, the adjustments which must be made in the financial structures of the various railroads to conform to sound standards of credit, and the adoption of 35 a policy toward rates which will be fair both to the public and to security holders, sufficiently liberal to provide reasonable compensation on existing investment and to at¬ tract new capital. The third step is the machinery of administration to make these policies effective. It is only by the adoption of a plan which properly meets the problems involved in all of these three steps that ade¬ quate service can be provided and transportation can be furnished at the least cost consistent with satisfactory service. A plan which provides for anything less will fail to furnish a permanent and satisfactory solution of the railroad problem. 36 5556 03 73998