Developmental Tracks
Comments Off on Developmental TracksRecent years have seen an astonishing resurgence of industrial policy as a legislative agenda and topic for lively debate. Thanks in large part to the waning political fortunes of neoliberalism, deliberate efforts by governments to shape the economic trajectories of their countries are no longer condemned or dismissed. And somewhat surprisingly, given the country’s longstanding reputation as a bastion of liberalism, the origins of industrial policy as a concept are now routinely traced back to the early United States, particularly to Alexander Hamilton’s Report on Manufactures in the aftermath of the American Revolution, Henry Clay’s American System in the early decades of the nineteenth century, and Henry Carey’s neomercantilism in the decades straddling the Civil War. The political designs of these elite figures reveal that “industrial policy” was never antithetical to American traditions and ideals.
But where and how was industrial policy in fact implemented, and to what effect? Concrete examples from the American past have been few and far between. The history of railroad regulation in the US—its making in the closing decades of the nineteenth century, consolidation in the New Deal Era, and its gradual unmaking in the postwar period—provides an exceptional example of how early industrial policies actually worked. Launched in the 1870s, the campaign to regulate American railroads sought to do much more than to curb rapacious and exploitative practices by railroad corporations. It aimed to proactively mold the emerging economic landscape of the American Midwest, and of American capitalism more generally.
Indeed, the regulation of freight rates was designed to promote urbanization and industrialization on the American frontier and nurture the creation of a diverse regional economy. Pushing back against corporate prerogatives, it skewed shipping prices to favor regional manufacturing and local markets over faraway competition. As heterodox economist Alice Amsden phrased it, regulation deliberately “got relative prices ‘wrong’,” privileging public developmental priorities over market dictates. In other words, as I argue in a recent article, railroad regulation was a hugely impactful industrial policy and broadly emblematic of the long-overlooked workings of an American developmental state.
Throughout the nineteenth and twentieth centuries, the regulation of the country’s railways was pursued not at the behest of elite visionaries or erudite technocrats, but through the push and pull of democratic politics. Surprisingly, it was driven by agrarian constituencies who looked to loosen their dependence on global markets, foster an urban market for their produce nearby, and facilitate the growth of a balanced agro-industrial regional economy. In the political battle between railroad corporations, who championed private property rights, and the farmers, who put political muscle behind government regulation and oversight, agrarian constituencies often had the upper hand.
For contemporary advocates of industrial policy efforts, nineteenth century struggles over railway regulations pose a clear lesson—successful industrial policy depends on the mobilisation of broad political coalitions.
Inventing the private sector
Mythology aside, there never was an era of unregulated transportation in the US. In the 1820s and 1830s, the individual states had financed and built a massive system of canals to run as public utilities. Farmer-dominated state legislatures fought to make sure both expansion policies and shipping rates would be governed not by market logic but by long-term developmental priorities. Expansion plans in states like Indiana, Illinois, and Ohio looked to widen access to transportation as much as possible, to extend the “fostering care” of the government to “to all portions of our great and growing State,” regardless of preexisting demand. Canal tolls were calibrated to subsidize in-state manufacturers and protect against out-of-state competition. As one canal commissioner explained, “each state finds a justification on the score of interest, in furnishing to its own citizens the cheapest transportation of the surplus production of its industry to a market; while . . . the importations [from the other states] are burdened with as heavy a tax as their value will bear.”
An array of products were shipped at lower rates if they were locally produced: flour, salt, coal, candles, cordage, crockery, glassware, paper, starch, woodware, and many others. Historian Harry Scheiber observed that the “aggressive pursuit of mercantilistic goals” decisively shaped patterns of interregional commerce. These policies nurtured a broad and diversified economic structure where agricultural growth rose side-by-side with urbanization and manufacturing.
As Midwestern states entered the railroad era in the 1860s and 1870s, the cost of constructing transportation infrastructure far exceeded anything they could afford. Rather than financing railroads directly, the states instead chartered them as corporations that could raise the necessary capital from investors in securities markets such as New York and London. This was the common practice for fiscally-weak governments everywhere around the world at the time.
Despite this turn to private financing, however, American policymakers insisted that their right to govern strategic infrastructure remained unchanged. State legislatures asserted their legal authority to regulate railroads as public highways and common carriers, just as they had long regulated turnpikes, bridges, and ferries. Investors strongly disagreed, but American law, concerned with protecting the sovereignty of elected government, generally accepted the subordination of property to the rules of democracy. Michigan Chief Justice Thomas M. Cooley, for example, affirmed in 1883 that regulation was “in strict accord with the principles of the common law, and by virtue of powers which are inherent in every sovereignty.” Rural states such as Minnesota, Iowa, Wisconsin, and Illinois reiterated the principle of the common-law recognition of the legality of regulation in their constitutions. Many states then bolstered their regulatory power by forming permanent state railroad commissions tasked with ensuring inclusive and adequate service and “just and reasonable” freight rates. These quasi-legislative, quasi-judicial bodies maintained that jurisdiction over these crucial arteries of commerce should never be relinquished to private interests.
The battle over regulation in the states
Throughout this period, railroad executives fought hard against these regulatory constraints, and especially against state legislatures’ authority to set freight rates. They argued that government interference unfairly infringed on the rights of property. Alexander Mitchell, President of the Chicago, Milwaukee, and St. Paul Railway Company, complained in 1874 that regulation “deprived capital permanently invested under the sacred promise and pledge” of the states “of a suitable and reasonable return.” Mitchell and others threatened that political meddling in the railroad business would have bad consequences for states that engaged in it, hurting their reputation “in money centres” and thus their ability to raise funds for future ventures. Timothy B. Blackstone, President of the Chicago and Alton Railroad Company, argued in 1889 that railroad corporations simply could not operate under state commissioners whose task it was “to secure to the people such railroad service as they may demand, under such regulations as they may think proper, and for such compensation as they may be willing to pay.” These corporate leaders proclaimed regulation to be unconstitutional and in some cases announced their outright refusal to abide by it.
The confrontation over the question of regulation reached the Supreme Court in the landmark 1876 case of Munn v. Illinois, which handed the states a resounding victory over corporations. “When…one devotes his property to a use in which the public has an interest,” the court memorably explained, the owner “in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good.” The battle over this core issue continued throughout the 1880s and 1890s as corporate executives and investors denounced the Munn doctrine and its far reaching implications. They brought before the Supreme Court a steady trickle of cases that chipped away at the states’ jurisdiction. The Court agreed, for example, to limit the states’ regulatory authority over interstate traffic. It provided railroads with opportunities to challenge mandated rates in court. It reversed mandated rates that were deemed so low as to be “confiscatory.” Nevertheless, Munn was not overturned. Rather, as historian William Novak has persuasively argued, Munn became the foundation for “far-reaching experiments in the state regulation of new economic activity.” Even conservative Justices conceded that it was ultimately “settled…that a State has power to limit the amount of charges by railroad companies.”
The states and their agrarian populations, however, never intended to confiscate railroad property but, more significantly, sought to gain control over it. The struggle turned not merely over whether rates should be high or low, but on their structures—and the broad economic implications of those structures. At the heart of the debate was the practice of rate differentiation—or what critics called “rate discrimination”—which charged large shippers, large metropolitan hubs, and long-haul interregional traffic with relatively lower rates than small-scale shippers, small towns, and short-haul traffic.
Railroads managers and well-respected analysts insisted that rate discrimination was hardly discriminatory at all. Differentiation, they argued, was derived from sound economic logic. Long-haul shipping, by definition, faced more competitive pressures. Railroads often enjoyed monopoly power over a local line serving a particular town or county. In these contexts they could dictate prices. At longer distances customers could plot between alternative routes in order to negotiate better rates between rival interregional roads. Moreover, much of the expense in railroad shipping lay with loading and unloading cargo, which made long-haul relatively cheaper than short-haul shipping. It thus made sense to charge less per mile for longer shipments.
Faced with fierce competition, railroads indeed cut rates on interregional throughlines to the bare bone. Any revenue on those lines was better than no revenue at all. By contrast, the rates on local shipping rose to pay not only for operating expenses but for the railroad’s overall fixed expenses as well (primarily the interest in the roads’ bonded indebtedness). Arthur Hadley, a Yale political economist who corporate executives hailed as the foremost authority on this question, endorsed this idea. He confidently explained that “the road must secure two different things—the high rates for its local traffic, and the large traffic of the through points which can only be attracted by low rates.” To legislate against this distinction would be both irrational and counterproductive.
But this is precisely what state legislatures and railroad regulators, particularly on the western periphery, aimed to do: to get prices “wrong.” State governments in what would become the Midwest rejected the economistic logic of differential rates. Offensive to their deep-seated republican sensibilities, midwesterners deemed differential rates to constitute “unjust discriminations and extortions.” Cheap, long-distance, high-volume trade benefited large metropolitan hubs at the expense of medium cities and small towns, and benefitted large-scale manufacturers and merchants at the expense of smaller ones. Worse, these rates aggravated regional economic specialization, creating further polarization between an urban core and an agrarian and extractive periphery.
In response, farmers enacted “long-haul, short-haul” legislation that prohibited differential charges from different locales along the lines and made local and regional shipping more affordable. As Alpheus Stickney, a practical railroad man from the largely-agrarian state of Minnesota, explained contra Hadley, “the competitive rates were rather too low, the non-competitive rates too high, and that, to do justice to the people, the legislature should reduce the rates which were too high, and leave the companies free to advance the rates which were too low.” In other words, by reducing rates on noncompetitive local traffic over which they had clear jurisdiction, state legislatures could force railroads to look for larger revenues elsewhere, indirectly compelling them to raise rates on their long-haul lines.
Midwestern farmers of the 1870s argued railroad corporations were ultimately creatures of government and needed to put all citizens and locales under their jurisdiction on an equal footing. They were not supposed to absorb and reproduce the inegalitarian imperatives of the market, granting some citizens or communities special privileges while denying them to others. But an equally grave concern was the long-term economic impact of differentiated rates. Economic specialization would doom their communities, they argued, to be perpetually subservient to eastern economic interests. They looked to the regulation of rates to push back against this tendency, allowing the region to diversify its economic base beyond agriculture and extraction and instead to urbanize and industrialize.
Growth through regulation goes federal
Agrarian advocates were explicit about rate regulation being a protectionist form of industrial policy. They warned that differential rates would keep them in a state of dependency. “This is an agricultural State and we are mainly the producers of raw materials,” J. M. Joseph, an Iowa farmer, put it to a Senatorial committee studying the issue in 1886. “It seems to be the policy of the railroads to keep us producers of raw material.” Those congressional hearings in Washington marked two decades of struggle over the shape of economic growth. Their legislative result, the Interstate Commerce Act of 1887, ratified at the federal level that rate regulation, far from restricting growth, served to shape it towards democratic ends.
Testimony to the Senate Select Committee on Interstate Commerce reveals how this worked. Whereas the rates farmers paid to ship their produce east declined significantly over time, high local rates within each state obstructed the growth of local industry. As Joseph explained, “Our troubles and hardships are not mainly on the stuff we ship out of state…the grain has come to be only a small matter even in Iowa.” High short-haul charges on coal as well as timber—raw materials that were essential for the growth of cities and industry—were in fact “a greater hardship on us than the shipment of grain.”
William B. Dean, a trader from Saint Paul, similarly framed rate regulation as a method for fostering local industry. “As producers of grain, remembering that we desire to get our products to the seaboard, we ought to favor what is termed the long haul.” And yet “only about one tenth of our products are shipped abroad.” The alternative would be a rate structure that balanced short-haul and long-haul rates: “My own opinion is that…higher rates…to the sea-board…and to the manufacturing States of the East…would lead to the establishment of the same branches of industry farther West, nearer to the grain-fields and nearer to the ranches.”
S. J. Loughran, a Des Moines machinist and newspaperman, agreed. “Our city is admirably situated for manufacturing,” he argued. Iowa had a large market of farmers as well as abundant raw materials and sources of energy to enable the production of agricultural machinery that made agriculture more productive: “wagons, plows, cultivators, seeders, hay-rakes, corn planters, mowers, harvesters, threshers, steam engines, boilers, and other machinery and implements.” However, eastern producers could “send their goods across States to almost any point in Iowa for less than we charged from one point to another within the State.” This situation threatened to make it impossible for local producers to develop their state’s industrial base.
Again and again, agrarian spokesmen discussed the question of regulation in terms of protectionism, pricing power, and the imperatives of economic diversification, particularly the desire to support local manufacturing. The regulation of freight rates was only the beginning. The same ambitious goals that inspired legislatures to regulate rates also led them to impose other types of constraints and costs on railroad corporations, compelling them to support regional development. Legislation coming out of the states, and especially from the Midwest, forced railroads to fund adjacent infrastructure that made transportation affordable, safe, and accessible on the local level. It required railroads to fence railroad tracks, build grade crossings, elevate tracks, construct viaducts and tunnels, provide additional stations along the line, devise connections with other roads, change station locations, and supply switching services and side tracks—all at corporate expense.
More significantly, legislation mandated that railroads must provide “adequate service” to small communities, maintaining frequent trains and stopping in every county along their line. Transportation on spurs and branches was to be provided at the same rates as traffic on the main line. Finally, “abandonment clauses” prohibited the reduction or discontinuation of service to a particular community without sanction from state regulators. As one observer put it, these legal requirements “constituted a serious modification of the right of private property” and “impose[d] vast expense upon the companies.” Indeed, privatizing the costs of railroad transportation—and socializing as many of the benefits—was precisely the point.
This regulatory framework worked to produce the intimate relationship between railroads and midwestern communities. Regulation forced railroads to expand access to transportation and foster the growth of a decentralized network of urban and industrial centers, an ”agro-industrial” complex that was characterized by its incredible diversity, or as economic geographers Brian Page and Richard Walker put it, “a vast number of mutually reinforcing activities.” Midwestern cities grew rapidly but also proliferated, creating a dense urban system headed by a handful of large metropolises alongside dozens of small towns and medium-sized cities. Even more remarkable was the boom in manufacturing in this resource-rich region that transformed American capitalism as a whole. Manufacturing employment in the Midwest rose very fast between 1860 and 1920, increasing from roughly 125,000 to over 1.1 million between 1860 and 1900 and then to more than 2.2 million by 1920. In percentage points this was a leap from 11 to 25 percent of American manufacturing employment overall. Midwestern manufacturers became more prominent nationally, even as most manufacturing continued to target local and regional markets in a wide array of sectors. This process reached a climax in the dramatic rise of the most transformative manufacturing industry of the twentieth century—the automobile industry—born in Detroit, Michigan, out of this particularly midwestern institutional and economic ecology.
By global standards, the ascendance of the Midwest as an industrial powerhouse was a highly unlikely story. It stood in stark contrast to the experience of other resource-rich peripheral regions around the world. In the nineteenth century and beyond, naturally abundant regions like the Midwest typically became “commodity frontiers” that fed agricultural produce and raw materials to existing industrial economies. These regions struggled to urbanize and industrialize. At the time, acute observers on the periphery of the world economy warned that without protectionist policies from their governments, their societies would become ever more dependent on cultivation, extraction, and the exports of primary goods. Control over railroads was at the core of these debates. India’s Mahadev Govind Ranade, for example, blamed railroads for making “competition with Europe more helpless” for Indian producers, because the roads facilitated “the conveyance of foreign [manufactured] goods to an extent not otherwise possible.” Uruguay’s José Batlle y Ordóñez decried the country’s heavy reliance on agricultural exports and advocated greater “economic self-sufficiency,” in part via greater government regulation of transportation. China’s Sun Yat-sen sought to counter the “invasion” of European goods into China and foster national industry with government control over transportation.
These protectionist efforts usually fell short. Dominated by foreign investors and in many cases bolstered by colonial governments, railroads in those locales prioritized long-distance, high-volume traffic to and from port cities. They raced across the countryside, neglecting the needs of local and regional economies and leaving large districts and rural populations literally in the dust. In Mexico, to take one poignant example, travellers on the railroads could regularly observe Mexican peasants and their mules—“beasts and men of burden,” as one European observer put it—traveling by foot alongside the railroad trunklines themselves. The disregard for local service contributed to a pattern of uneven development, with a few booming import and export hubs surrounded by vast areas of poverty. Comprador elites, embedded in existing extractive sectors and trade relations, helped defeat political efforts to remake these economies along more balanced lines. The lack of political counterweights to the power of foreign capital thus led to more extractive and unequal economic paths, often with long-lasting effects. In the US, by contrast, the political power of western farmers and the willingness of state and Federal authorities to take bold regulatory action allowed for a more diversified development path. In other words, as Stefan Link and I have argued, what set the US apart from other peripheries was the capacity of the state, empowered by a mobilized agrarian population, to politicize economic policymaking and harness capital in favor of broad developmental priorities.
Postwar period
But as legal scholars Ganesh Sitaraman, Morgan Ricks, and Christopher Serkin have accurately shown, these policies were not irreversible. They rested on favorable political alignments that needed to be preserved against fierce opposition. These favorable alignments eroded in the postwar period.
For many decades, starting with the Interstate Commerce Commission (ICC) in 1887 and through to the New Deal era, the state’s ability to discipline capital was on a clear upward trajectory. The use of regulation over transportation as industrial policy, inaugurated by the states, gradually expanded to the federal level, adding up to a robust system of government control. State commissions grew in number and capacity, coming to oversee additional forms of infrastructure and new modes of transportation, such as streetcars and later buses. Federal legislation in 1903 (the Elkins Act), 1906 (the Hepburn Act), and 1910 (the Mann-Elkins Act) cemented the ICC’s regulatory authority, including the prohibition on higher rates for short hauls than for longer ones. In 1935 the Motor Carrier Act expanded the ICC’s authority to bus and trucking companies, and in 1938 Congress created the Civil Aeronautics Board to regulate airlines in the same way. The National Transportation Policy Act of 1940, echoing familiar nineteenth-century language, sustained the ICC’s mandate over “the establishment and maintenance of reasonable charges for transportation services, without unjust discriminations.”
By mid-century, however, the regulatory tide turned in a very different direction. The Transportation Act of 1958, followed by the Railroad Revitalization and Regulatory Reform Act of 1976 and Staggers Rail Act of 1980, empowered the ICC to overturn decisions by state regulators and discontinue rail service in unprofitable locations. In a reversal of the logic of long-haul, short-haul legislation, the ICC now allowed railroads to raise rates or eliminate local service altogether if operational costs “constitute[d] an unreasonable burden on the interstate operations of the carrier,” without considering the implications for served communities, organized labor, or the opposition of state legislators.
These deregulatory acts made midwestern railroads into prime targets for predatory capitalists. They allowed newly consolidated systems to cut off branches and spurs and eliminate the regular transportation service that was the lifeline of many towns and cities. Overall, as keen observers have pointed out, the turn away from the principles that guided railroad regulation up to the middle of the twentieth century has led to declining service in large swaths of the United States, weakened the bargaining position of workers, and contributed greatly to the hollowing out of once thriving urban and industrial regions. Regional inequality has since widened considerably, with at first surprising but by now all-too-familiar political consequences.
Industrial policy as political struggle
When scholars think of industrial policy, especially in the nineteenth-century US, they tend to associate it narrowly with tariffs. The history of freight rate regulation reveals that industrial policy can in fact come in a wide array of shapes and sizes. Policymakers have proven incredibly creative and resourceful in using areas under their jurisdiction to shape economic change, pulling on whatever policy levers they could gain control over. Furthermore, while development has conventionally seemed like the domain of nation states, this history brings to the fore the crucial significance of subnational and regional scales. The United States might in fact be the pioneering case in point. Finally, and most important, rate regulation reveals that states can gain the capacity to impose broad and long-term priorities on capital in many different ways, and not necessarily through a centralized bureaucracy or top-down directives. Success depended not on any set of institutions to be replicated everywhere but above all on the coherence of political alliances and coalitions—agrarian constituencies, in this case, that leveraged their political influence to direct policy. As we urgently search for development policy today—in pursuit of sustainability, equality, productivity, and resilience—we will be well served by this much broader and more versatile historical perspective.