REGULATION OF PUBLIC UTILITIES 137
I
The great lack to-day is not so much in the general
wisdom and honest intention of the people or their
representatives as it is a lack of understanding of certain
general principles of simple application; the longer
this understanding is deferred the harder the problem
becomes.
The President of Princeton says also:
We have, in fact, turned from legal regulation to executive
regulation. We have turned from law to personal power.
But what we are here considering is legal regulation,
executive regulation under law. What is needed is a
Legislature to make wise general regulative laws, courts
to interpret them, and a competent executive agency
to administer them.
Regulation by Rates, or by Taxation, or by Both
Granting the probable establishment of the commis
sion method, the endeavour of this chapter is to bring
to the front, in the railroad and other public utility
problems, the factor of taxation; not taxation for
revenue; not taxation of future franchises or their
capitalised earnings; but taxation of franchises already
granted and exploited and capitalised, together with
earnings already capitalised — taxation of present
franchise earnings to bring them into the public
treasury, instead of leaving them in private hands;
not the taxation of the earnings of industry, but the
appropriation by taxation of the dividends that are
earned by the public; to the end that the profit of
"operation” shall go to skill and enterprise, and the
profits of the franchise shall go to the people, o
If there is one problem, National and state, that