The proportion of appointive to elective members might be made to vary whenever adequate reasons for such variation are properly presented to the Secretary of Commerce or other higher official, although at least three-fourths of the aggregate membership should perhaps be made elective. The governors of the respective states naturally suggest themselves as proper officers to exercise the appointing power with respect to state councils, and the President of the United States, through the Secretary of Commerce and Labor for interstate councils. The elective members should represent, in addition to persons representing the railways, all the various state organizations which meet prescribed requirements existing within that state, and which have primarily intrastate significance. Among these societies may be mentioned boards of trade, chambers of commerce, exchanges, business men's associations, associations of lumbermen, grocers, butchers, foundrymen, all the various manufacturers, dairymen, fruit-growers, agricultural societies, etc. The members to be appointed by the governor might be selected partly with the view of equalizing the representation of different interests. No paid officials would be necessary, with the possible exception of a permanent secretary, who could be attached to the office of the railway commission or some other high administrative officer. It would not even be necessary to pay the expenses of the council out of the public treasury, for a small tax on the organizations represented,

which their interests could doubtless well afford to pay, would be sufficient to defray the expenses of the representative. Certainly no salaries or per diem rates ought to be paid out of public funds during the formative period of the councils. If future development should demonstrate the desirability of payment to members, the law could be modified to meet the situation. Periodical meetings should be provided for, perhaps quarterly, and the interval of time between the meeting of state and interstate councils should be sufficiently long to enable the latter to review thoroughly the proceedings and recommendations of the former. All meetings should be public and the proceedings printed.

The territorial basis of interstate councils is not so easily defined, because of the different things which may be regarded as fundamental in such a division of the area of the United States. The Interstate Commerce Commission has adhered to its original classification of railways into ten groups, based upon topographical considerations, density of population, nature of industrial life, and competitive conditions, although, in regard to the last, the Commission expressed itself as unable to discover system in railway competition at the time the classification was made. To organize one interstate council for each of these ten groups would make the higher councils too numerous, and, under present conditions, it would hardly bring together representatives of those

roads which belong together from the point of view of ownership and of rivalry in the same productive areas. A second possibility is the organization of an interstate council for each of the systems of railways, among which a community of interests has been established. But this, too, would involve ten or a dozen councils and an administrative separation of railways which belong together. The third, and what appears to be the most feasible plan, is that of accepting the present territorial limits of the dominating freight classifications and organizing an interstate council within each of them, with the possible division of the territory west of the Mississippi. This would make three interstate councils: one north of the Ohio and Potomac rivers and east of the Mississippi; the second south of the Ohio and Potomac rivers and east of the Mississippi; and the third for the territory west of the Mississippi. The distribution and election or appointment of members should be governed by the same principles as those which have been suggested for state councils. Each of the great railway systems should have representatives, perhaps on a mileage basis. The great national associations, such as the millers', builders', druggists', grocers', liquor-dealers', etc., might be requested to send a representative to some one of the three interstate councils; and, finally, the state councils lying within any one of these interstate divisions should elect representatives

to membership in the higher council. In case a state lies partly in one and partly in another interstate district, the Secretary of Commerce or other officer might designate the proportion of representation to be allotted to each part, in accordance with law. The proceedings should also be public and published by the government. The Interstate Commerce Commission, every member of which should be made ex officio a member of the interstate councils, might supervise the publication of proceedings.

- to

The aim of the suggested plan is obvious, represent all the varied interests of our population in an advisory capacity, in the conduct of our railways. These councils are to be clearing houses of information through which the railways and the public will learn to know each other's interests better, and through which the material interests of both of these great parties will be built up in accordance with principles of justice and equity. Every attempt to interfere in the purely business management of a railway should be resisted; but every attempt on the part of a railway to disregard the just rights of the public should likewise be promptly checked and thoroughly ventilated in the councils. The authenticated facts which such councils can bring together and the publicity which is to be given them cannot help but exert a powerful influence in educating the public in railway affairs and enlighten the railways on the interests of the

public. By giving councils only advisory powers, the legal responsibility still remains where it belongs, in the hands of the railway officials. The advice and recommendations of councils need not be followed, but at the next meeting of the council the manager in question can be called upon to give the reasons for his action; and with wellinformed representatives about him, nothing but the truth can prevail. In this lies one of the greatest benefits to be derived from such a scheme, and it is difficult to conceive of a more potent factor in protecting the railways against each other, and in visiting obloquy upon the one weak or unscrupulous manager who persists in defeating the best plans of the one hundred who would adhere to principles of justice without legal compulsion.

The Secretary of Commerce and Labor has been mentioned in several connections, assuming that such a new cabinet office is to be created. It is to be hoped that such will be the case, and the proposed system of railway advisory councils be given a place in this new cabinet office. Should, however, Congress not see fit to establish a department of commerce,1 the suggested councils could nevertheless be fitted into the present order of things by making the Interstate Commerce Commission the head of the advisory system. The Commission, being hard worked already, could perhaps exercise only directive and supervisory powers over the 1 Such a department has now been established.