The immunity of the continental nations from many difficult railway questions arises from the fact that they began building railroads after England and our own country had undertaken them, and after we had sufficiently developed their possibilities to show the absurdity of many of the ideas that prevailed when they were inaugurated. It was supposed that the first companies chartered would build a railway just as they would build a highway, and that the iron way would be open to competitive traffic by individuals or combinations of individuals, just as the ordinary highway was open. In the charter of the first railway company which built a line, the Manchester and Liverpool Railway, and in fact in all the charters which were granted in England prior to 1829, and the charters granted in this country in the same period, this idea is clearly expressed. The Ithaca and Owego Railway, now a portion of the great New York Central trunk line, was chartered in 1828, and one section of the charter contains this provision: “All persons paying the toll aforesaid may, with suitable and proper carriages, use and travel upon the said railroad, subject to such rules and regulations as the said corporators are authorized to make by the ninth section of this act.”
It is obvious that the notion entertained by the founders of this railway was that they would simply own a turnpike with rails upon it, and would derive their revenue from the tolls charged upon the vehicles that should be rolled over it by individuals. It was not until railway building had proceeded for about a dozen years that it became evident, from the nature of the power employed and the higher rate of speed--unforeseen until then--that might be attained, that the railway company must monopolize the service over the road they built. This rendered necessary an entire revolution of the principles upon which all future charters should be granted. But the fundamental mistake was made. The continental peoples began to build their railways after this fact was discovered, and therefore had the benefit of their predecessors’ mistakes, and adopted precautions which have relieved them of many awkward complications.
Besides this, another mistake of ignorance was the belief that railways would be used exclusively for the transportation of passengers, and it was long after the first rails had been laid that the notion that “light goods” might be conveyed, dawned upon their minds.