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THE

Control of Public Utilities

IN THE FORM OF AN ANNOTATION OF

THE PUBLIC SERVICE COMMISSIONS LAW

OF

THE STATE OF NEW YORK

AND COVERING

ALL IMPORTANT AMERICAN CASES

TOGETHER WITH THE TEXT OF THE

FEDERAL INTERSTATE COMMERCE ACT

AND THE

RAPID TRANSIT ACT OF NEW YORK

With elaborate indexes oi the same and numerous comparative notes and cross

referer.ces to paralli prcvlíons in the seyerel Acts

BY

WILLIAM M. IVING
OF THE NEW YORK BAR

AND
HERBERT DELAVAN MASON

OF THE NEW YORK BAR

NEW YORK
BAKER, VOORHIS & CO.

Copyright, 1908
BY WILLIAM M. IVINS AND HERBERT DELAVAN MASON

961.3

TO

CHARLES EVANS HUGHES

GOVERNOR OF THE STATE OF NEW YORK

THIS WORK IS RESPECTFULLY,DEDICATED

PREFACE.

In a noteworthy article printed in a volume of his miscellaneous speeches the late Mr. Goschen, a few years ago, called attention to the extent to which governments the world over were moving away from the theoretical economical principle of laissez-faire to that of government control, in these memorable words:

among all the complicated social and economical phenomena of the present day, none appears more interesting or of deeper importance for philosophers, economists, politicians, and, indeed, for all students of the varying aspects of our national life, than the changes which have occurred and are daily occurring in the relations between the State and individual liberty. None of us can be blind to what is passing around us in this respect. Whether we look to the events of successive years, to the acts of successive Parliaments, or to the publication of successive books, we see narrower and narrower limits assigned to the application of the principle of 'Laissez-faire,' while the sphere of Government control and interference is expanding in ever widening circles.

· The extension of State action to new and vast fields of business, such as telegraphy, insurance, annuities, postal orders, and parcels post, is not the most striking feature. What is of far deeper import is its growing interference with the relations between classes, its increased control over vast categories of transactions between individuals, and the substitution in many of the dealings of trade and manufacture of the aggregate conscience and moral sense of the nation for the conscience and moral sense of men as units.

In the United States down to the close of the Civil War the doctrine of laissez-faire had been adopted very generally as the result of the teaching of the encyclopedists and of Adam Smith, as well of those of the later Manchester school. The national government was supposed to have no right of regulation or control over any matters not spe

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