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Infrastructure The Social Value of Shared Resources 1st Edition Brett M. Frischmann
Infrastructure The Social Value of Shared Resources 1st
Edition Brett M. Frischmann Digital Instant Download
Author(s): Brett M. Frischmann
ISBN(s): 9780199895656, 0199895651
Edition: 1
File Details: PDF, 2.16 MB
Year: 2012
Language: english
Infrastructure The Social Value of Shared Resources 1st Edition Brett M. Frischmann
infrastructure
This page intentionally left blank
Infrastructure
THE SOCIAL VALUE OF SHARED RESOURCES
Brett M. Frischmann
1
1
Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence
in research, scholarship, and education.
Oxford New York
Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne
Mexico City Nairobi New Delhi Shanghai Taipei Toronto
With offices in
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Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine
Vietnam
Copyright © 2012 by Brett M. Frischmann
Published by Oxford University Press, Inc.
198 Madison Avenue, New York, New York 10016
Oxford is a registered trademark of Oxford University Press
Oxford University Press is a registered trademark of Oxford University Press, Inc.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or
transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,
without the prior permission of Oxford University Press, Inc.
_________________________________________________________
Library of Congress Cataloging-in-Publication Data
Frischmann, Brett M.
Infrastructure : the social value of shared resources / Brett M. Frischmann.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-19-989565-6 (hbk. : alk. paper)
1. Infrastructure (Economics)—Social aspects. I. Title.
HC79.C3F75 2012
363—dc23 2011040968
_________________________________________________________
1 2 3 4 5 6 7 8 9
Printed in the United States of America on acid-free paper
Note to Readers
This publication is designed to provide accurate and authoritative information in regard to the subject
matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current
as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering
legal, accounting, or other professional services. If legal advice or other expert assistance is required, the
services of a competent professional person should be sought. Also, to confirm that the information has
not been affected or changed by recent developments, traditional legal research techniques should be used,
including checking primary sources where appropriate.
(Based on the Declaration of Principles jointly adopted by a Committee of the
American Bar Association and a Committee of Publishers and Associations.)
You may order this or any other Oxford University Press publication by
visiting the Oxford University Press website at www.oup.com
To my wife, Kelly, and my three boys, Matthew, Jake, and Ben
This page intentionally left blank
vii
Contents
Introduction ix
part one | foundations
1. Defining Infrastructure and Commons Management 3
2. Overview of Infrastructure Economics 10
3. Microeconomic Building Blocks 24
part two | a demand-side theory of infrastructure
and commons management
4. Infrastructural Resources 61
5. Managing Infrastructure as Commons 91
part three | complications
6. Commons Management and Infrastructure Pricing 117
7. Managing Congestion 136
8. Supply-Side Incentives 159
part four | traditional infrastructure
9. Transportation Infrastructure: Roads 189
10. Communications Infrastructure: Telecommunications 211
part five | nontraditional infrastructure
11. Environmental Infrastructure 227
12. Intellectual Infrastructure 253
viii Contents
part six | modern debates
13. The Internet and the Network Neutrality Debate 317
14. Application to Other Modern Debates 358
conclusion 365
acknowledgments 371
bibliography 375
index 403
ix
Introduction
This book devotes much-needed attention to understanding how society benefits from
infrastructure resources and how management decisions affect a wide variety of interests.
This book links infrastructure, a particular set of resources defined in terms of the manner
in which they create value, with commons, a resource management principle by which a
resource is shared within a community.
Too often, we take for granted the shared infrastructures that shape our lives, our rela-
tionships with each other, the opportunities we enjoy, and the environment we share.
Think for a moment about the basic supporting infrastructures that you rely on daily.
Some obvious examples are roads, the Internet, water systems, and the electric power
grid, to name just a few. In fact, there are many less obvious examples, such as our shared
language, legal institutions, ideas, and even the atmosphere. We depend heavily on shared
infrastructures, yet it is difficult to appreciate just how much. It is difficult to fully appre-
ciate how these resources contribute to our lives, because infrastructures are complex
and the benefits provided are typically indirect. We don’t pay much attention to infra-
structure resources, because they are conveniently obscure, part of the background. We
assume their continuous availability and pay attention to them only when catastrophe
strikes, for example when a bridge fails or rolling blackouts deprive us of the electricity we
need. And even then, the public attention given is reactive, isolated, and short-lived.
When a bridge collapses, for example, the immediate public outcry may be sufficient
to support efforts to rebuild the particular bridge, but that is about as far as it goes. As the
headline value of the disaster fades, the world moves on. According to the American
SocietyofCivilEngineers(ASCE),“morethan26%,oroneinfour,ofthenation’sbridges
x Introduction
are either structurally deficient or functionally obsolete.”1
In 2008, over 70,000 bridges in
the United States were categorized as structurally deficient, and in addition, over 89,000
bridges were categorized as functionally obsolete.2
And the problem is by no means
limited to bridges. To take a rather simple illustration, the ASCE Report Card for
America’s Infrastructure (see table I.1) is abysmal, concluding with a “grade point aver-
age” of D and an estimated five-year investment need of $2.2 trillion.
While there are reasons one might quibble with the ASCE grading system or even
particular grades, the basic point is that we have a major infrastructure problem in the
United States. Our complacent, reactive, piecemeal approach to infrastructure is incred-
ibly shortsighted and must change. A more proactive, systematic, long-term approach
to infrastructure is desperately needed, as experts have long recognized.3
For such change
1
ASCE (2009).
2
Department of Transportation 38 (2008) (Table 2-1-9 contains the relevant statistics on bridges).
3
This need has long been recognized among expert communities. That is, engineers, economists, and other
experts who focus on infrastructure have long argued for a proactive, systematic, long-term approach to infra-
structure. What has not been recognized or at least explored methodically are the demand-side issues examined
in this book.
table i.1 ASCE Report Card for America’s Infrastructure (2009)
Infrastructure Type 2009 Grade
Aviation D
Bridges C
Dams D
Drinking Water D–
Energy D+
Hazardous Waste D
Inland Waterways D–
Levees D–
Public Parks and Recreation C–
Rail C–
Roads D–
Schools D
Solid Waste C+
Transit D
Wastewater D–
America’s Infrastructure GPA D
Estimated Five-Year Investment Need $2.2 trillion
Introduction xi
to even begin to occur, however, citizens must learn to appreciate the social value of
shared infrastructure.4
We simply cannot assume continuous availability. As the ASCE
Report Card indicates, both governments and markets struggle to adequately supply
the public with the infrastructures that it needs. The reasons are many, and this book will
not discuss them all. Infrastructure resources often require substantial investment to
supply, maintain, and manage. The investment must come from somewhere, and the
public must pay one way or another (taxes, user fees, etc.). As economists like to put it,
there is no such thing as a free lunch. Raising sufficient capital to invest can be difficult.
There are a host of “supply-side” obstacles to efficient infrastructure provisioning.
Economic analysis of infrastructure tends to focus on these issues. But one critical reason,
which is generally overlooked and which this book will confront at length, is that infra-
structure users, as voters and consumers, may not adequately signal social demand for
infrastructures. There are a host of “demand-side” issues to confront. At bottom, demand-
side problems arise because we do not fully appreciate the social value that infrastructures
provide.
Infrastructure resources entail long-term commitments with deep consequences for
the public. Infrastructures are a prerequisite for economic and social development.
Infrastructures shape complex systems of human activity, including economic, cultural,
and political systems. That is, infrastructures affect the behavior of individuals, firms,
households, and other organizations by providing and shaping the available opportuni-
ties of these actors to participate in these systems and to interact with each other.
Transportation and communications infrastructures, for example, enable economic and
cultural engagement between communities, expanding the scope of markets and com-
munities by enabling people, goods, and ideas to travel more easily. Legal infrastructure,
including laws and court systems, for example, enable an incredible variety of economic
and social interactions within and across communities. Property and contract laws are a
basic foundation for markets of all sorts. The First Amendment shapes the speech envi-
ronment—the political, economic, cultural, and other conversations people have.
Infrastructure resources are at the center of many contentious public policy debates,
ranging from what to do about our crumbling roads and bridges, to whether and how
to protect our natural environment, to patent law reform, to electromagnetic spectrum
allocation, to providing universal health care, to energy policy, to network neutrality
regulation and the future of the Internet. The list could go on and on. Although the
policy arenas may seem unrelated, all of them are, to some extent, the same. Each of these
policy debates (and many others) involves a battle to control infrastructure resources, set
4
Just as environmental movement helped society to see what it took for granted, this book aims to bring
infrastructure to the foreground, so we can better see infrastructure where it exists and to sense its potential
where it could come to exist.
xii Introduction
the terms and conditions under which the public gets access, and determine how the
infrastructure and various infrastructure-dependent systems will evolve over time.5
The battle is joined in each of these areas, with some groups arguing strongly for
recourse to private property solutions6
and other groups arguing strongly that such an
approach would be fatal.7
These groups draw on a broader intellectual debate about the
merits of private control over (or, conversely, open access to) various types of resources.
The intellectual debate takes place in a number of fields, including law, economics, and
political science. On the private control side, there is robust economic theory in support
of private ordering via markets with minimal government involvement. By contrast, on
the open-access side, there is a frequent call for protecting the “commons,” but the theo-
retical support for this prescriptive call is underdeveloped from an economics perspec-
tive. In fact, many who oppose privatization, deregulation, and commercialization view
the entire discipline of economics with sincere suspicion and doubt.
This book advances strong economic arguments for managing and sustaining infra-
structure resources as commons. For better or worse, economics has become the method-
ology of choice for many scholars and policy makers in these areas. The book offers a
rigorous economic challenge to the prevailing wisdom about managing infrastructure.
Within economics, infrastructure resources typically have been evaluated using public
goods and club goods frameworks; under either framework the analysis typically has
focused on the problem of ensuring adequate supply. This book explores a set of ques-
tions that, once asked, seem obvious: What drives the demand side of the equation, and
how should demand-side drivers affect public policy? Demand for infrastructure
resources involves a range of important considerations that bear on the optimal design of
a regime for infrastructure management.
A demand-side approach facilitates a better understanding of how infrastructure
resources generate value for society and how decisions regarding the allocation of access
to such resources affect social welfare. The key insights from this analysis are that infra-
structure resources are basic inputs into a wide variety of productive activities and infra-
structure users who choose to engage in such activities often produce public and social
goods that generate spillovers that benefit society as a whole. Managing such resources as
commons may be socially desirable from an economic perspective because doing so facil-
itates these downstream productive activities. For example, managing the Internet infra-
structure in this manner facilitates active citizen involvement in the production and
5
The debates involve other issues as well. My point is that infrastructure issues are often at the core.
6
E.g., “privatize public roads and bridges so that firms motivated by profit incentives will reduce costs and
manage the resources efficiently” or “pay providers of ecosystem services for the benefits their land conveys to
all of us” or “let the network owners control what traffic flows across their cables.”
7
E.g., “privatization benefits only a few, such as current politicians, the owners, and current users with the means
to pay increased tolls” or “commodification will not solve environmental problems” or “network neutrality is
essential to the future of the Internet.”
Introduction xiii
sharing of public and social goods. Over the past decade, this has led to increased oppor-
tunities for a wide range of citizens to engage in entrepreneurship, political discourse,
social network formation, and community building, among many other socially valuable
activities.
To put the basic lesson more plainly: We should share infrastructure resources in an
open, nondiscriminatory manner when it is feasible to do so. This is attractive public
policy—not only for distributional or fairness reasons, but also for efficiency reasons.
Society is better off sharing infrastructure openly. This book explains why. And it also
explains that although many people question the feasibility of sharing, worrying that
sharing will destroy incentives to invest or will lead to overuse, such concerns are
greatly overstated and often can be addressed in a manner that preserves nondiscrimina-
tory sharing.
The infrastructure commons ideas developed in this book have broad implications for
scholarship and public policy across many fields, ranging from traditional infrastructure
like roads to environmental economics to intellectual property to Internet policy. The
book identifies resource valuation and attendant management problems that recur across
many different fields and many different resource types, and it develops a functional
economic approach to understanding and analyzing these problems. Accordingly, the
theory is developed at a higher level of abstraction than would be appropriate if it focused
exclusively on a single field or resource. This means that the theory needs refinement
as it is applied in context. The book offers no universal prescriptions, because trade-offs
will be different in different areas. Still, it is helpful and illuminating to take a step back
and look across traditional disciplinary lines before examining the trade-offs. The first
three parts of this book develop a general theoretical framework for examining the social
value of shared infrastructure. The framework is not tailored to a particular type of infra-
structure. Instead, it is based on a functional economic analysis of the characteristics of
infrastructure resources. The final three parts of the book apply the framework to
many different types of infrastructure, exploring nuanced trade-offs that arise in particu-
lar contexts as well as common issues that cut across different contexts. Despite their
obvious differences, road systems, telephone networks, ecosystems, and ideas have much
more in common than is conventionally appreciated.
Detailed Summary of Chapters
Part I lays the foundation for the economic arguments developed throughout the rest of
the book. Chapters 1, 2, and 3 are building blocks. The concepts “infrastructure” and
“commons” are used differently and often loosely across a wide range of disciplines,
including engineering, economics, political science, and law. Moreover, the two concepts
are rarely used together. Accordingly, chapter 1 sets forth a general description of the
concepts, drawing on some of the key functional features of infrastructure as resources
xiv Introduction
and commons as a mode of resource management. This discussion highlights some of the
gaps in our understanding of how infrastructure generates social value and the role that
commons management plays in facilitating value generation by infrastructure users.
Chapter 2 gives an overview of infrastructure economics. Surprisingly, there is no par-
ticular subfield within economics devoted to infrastructure. The overview explains the
basic supply-side orientation of public welfare economics and regulatory economics
and highlights this book’s point of departure—its focus on the demand side. Chapter 3
provides a detailed discussion of microeconomic concepts that serve as building blocks
for the demand-side theory developed in Part II. The concepts are very important to
understanding the value of infrastructure and evaluating and improving resource
management. (Readers well versed in microeconomics may wish to skip this chapter.
However, the chapter highlights some overlooked demand-side issues that arise in the
analysis of public goods, social goods, and externalities.)
Part II develops a demand-side theory of infrastructure and commons management. It
is the heart of the book. It delineates a set of infrastructure resources based on functional
economic criteria and examines whether managing these resources as commons is an
attractive resource management strategy.
Chapter 4 focuses on infrastructure resources. It aims to identify and evaluate infra-
structure resources functionally from a systems perspective. First, it identifies and exam-
ines three economic criteria common to traditional infrastructure, such as transportation
systems and telecommunications networks, and nontraditional infrastructure, such as
the atmosphere and basic research. Specifically, infrastructural resources satisfy the
following criteria:
(1) The resource may be consumed nonrivalrously for some appreciable range of
demand.
(2) Social demand for the resource is driven primarily by downstream productive
activity that requires the resource as an input.
(3) The resource may be used as an input into a wide range of goods and services,
which may include private goods, public goods, and social goods.
These criteria delineate a set of resources that are functionally infrastructural. Bear in
mind that the economic concepts woven together in these criteria are carefully explained
in chapter 3. Second, chapter 4 develops a typology of different infrastructure (commer-
cial, public, social, and mixed infrastructure) based on the distribution of productive
activities the infrastructure facilitates. Third, it discusses how both the resource set
delineated by the three criteria and the subsets delineated by the typology are dependent
on demand, and how resources may evolve into or out of the set or subsets. The chapter
explains how different types of demand-side market failures arise when spillovers from
public or social goods are prevalent.
Introduction xv
Chapter 5 connects the demand-side analysis of how infrastructure resources generate
value for society with the management of such resources as commons. The case for
commons management must be evaluated carefully and contextually. Chapter 5 first
considers commons management as a private strategy. There are a variety of reasons why
private firms choose to manage their infrastructure as commons. I discuss five primary
reasons: (a) consumers generally dislike and react negatively to discrimination; (b) com-
mons management may economize on information and transaction costs and avoid
unnecessary complexity; (c) commons management may facilitate joint production or
cooperation with competitors; (d) commons management may support and encourage
value-creating activities by users; and (e) commons management may maximize the
option value of infrastructure when there is high uncertainty regarding sources of future
market value.
Chapter 5 next considers commons management as a public strategy. There are a
variety of situations in which commons management is not an attractive private strategy
but nonetheless is an attractive public strategy; markets sometimes fail to adopt com-
mons management even when doing so would improve social welfare. The chapter
explains the conventional forms of and justifications for such regulation. Next, it utilizes
the typology developed in chapter 4 and articulates additional, powerful reasons
to manage public, social, and mixed infrastructure in a nondiscriminatory manner.
Specifically, commons management can be an efficient means of indirectly supporting
public participation in a variety of socially valuable activities, namely activities that
involve the production, use, and distribution of public and social goods. As such, com-
mons management can be understood as serving two public functions: First, it diffuses
pressure within both market and political systems to “pick winners and losers” and leaves
it to users to decide what to do with the opportunities (capabilities) provided by infra-
structure. Second, it functions like an option—a social option. When there is high uncer-
tainty about which users or uses will generate social value in the future, as is typically the
case for public, social, or mixed infrastructure, managing the infrastructure as a commons
sustains the generic nature of the infrastructure, precludes optimization for a narrower
range of activities, and avoids social opportunity costs associated with path dependency.
Together, these public functions suggest a third public function: Commons management
structures the relationships between infrastructure and infrastructure-dependent systems
in a manner that creates a spillover-rich environment, where spillovers flow from the
many productive activities of users. These activities yield new and unanticipated innova-
tions, knowledge, social capital, and other public and social goods that lead to economic
growth and development as well as social welfare improvements not fully reflected in
traditional economic measures.
Though theory reveals a weight on the scale in favor of commons management that
seems to be ignored in most contexts, the theory does not necessarily tip the balance;
there are other relevant considerations, some more important than others, depending on
xvi Introduction
the context. Part III focuses on three sets of complications that must be considered when
evaluating the case for managing infrastructure as commons. The first set involve the
impacts that commons management might have on pricing practices, and concerns
that nondiscrimination rules must be accompanied by price regulation or government
subsidies. The second set concerns congestion management and complications that arise
when infrastructure is partially (non)rival and thus congestible, and the relationships
between commons management and congestion management. Finally, the third set
concerns the impact of nondiscrimination rules on supply-side incentives. As the chap-
ters reveal, arguments based on these complications should be evaluated carefully. In
many cases, the complications are manageable and do not undermine the case for com-
mons management.
Part IV discusses examples of traditional infrastructure—specifically, transportation
infrastructure (roads) in chapter 9 and telecommunications infrastructure (telephone
networks) in chapter 10. These chapters illustrate how the demand-side theory applies to
these traditional infrastructure resources and how commons management has been
implemented. Both road and telecommunications infrastructures provide generic public
capabilities, mobility and communication, that allow users to engage in an incredibly
wide variety of productive activities. These activities generate private, public, and social
goods and consequently substantial spillovers to the benefit of society. In the United
States, the vast majority of road infrastructure is publicly owned, and the vast majority
of telephone infrastructure is privately owned. The supply-side stories for these infra-
structures are thus quite different. Yet both are sustained as commons, accessible to the
public on nondiscriminatory terms. These chapters discuss a range of complications.
Road infrastructure is complicated by congestion, negative externalities associated with
environmental pollution, and public financing of maintenance and improvements.
Telephone infrastructure is complicated by regulatory costs and the difficulties of transi-
tioning from regulated monopoly to competition. While these chapters do not exhaus-
tively cover these rich and complex fields, they begin to provide a more nuanced picture
of how these fundamental infrastructure resources generate value for society, the critical
role of commons management, and the various institutional means for sustaining com-
mons when faced with an array of conflicting issues.
Part V shifts attention from traditional infrastructure to nontraditional infrastruc-
ture—specifically, environmental and intellectual infrastructure. It may seem odd to be
grouping roads and telephone networks with lakes and ideas under the infrastructure
umbrella. One reason for doing so is to highlight the demand-side similarities and the
important, if varied, role of commons management. When feasible, society benefits
tremendously by leveraging nonrivalry to support nondiscriminatory access to such
resources because doing so enables the public to participate productively in a wide range
of socially valuable activities. As with traditional infrastructure, many environmental and
intellectual infrastructure resources are public, social, and mixed infrastructures that
contribute immensely to our economic and social development. The case for commons
Introduction xvii
management depends, however, on managing a host of competing considerations.
Intellectual infrastructures face supply-side issues similar to those issues faced by tradi-
tional infrastructure. Attracting private investment can be difficult because of the cost
structure of supply, high costs of exclusion, and misappropriation risks. Environmental
infrastructures do not face the same supply-side issues, but environmental infrastructure
face complex congestion and degradation problems. In short, pure open access to intel-
lectual or environmental infrastructure typically is not feasible absent additional institu-
tional support, whether in the form of public subsidies for basic research or in the form
of command and control regulation of industrial polluters. Viewing foundational
environmental and intellectual resources through the infrastructure lens yields interest-
ing insights regarding commons management institutions. In particular, both environ-
mental and intellectual property legal systems construct semi-commons arrangements
that create and regulate interdependent private rights and public commons. Each does so
in very different ways, however.
Part VI applies the infrastructure theory to modern challenges. Chapter 13 applies
infrastructure theory to the particularly contentious “network neutrality” debate. At the
heart of this debate is whether the Internet infrastructure will continue to be managed
as a commons. Ultimately, the outcome of this debate may very well determine whether
the Internet continues to operate as a mixed infrastructure that supports widespread
user production of commercial, public, and social goods, or whether it evolves into a
commercial infrastructure optimized for the production and delivery of commercial out-
puts. The chapter criticizes the current framing of the debate as well as the recent rule
enacted by the Federal Communications Commission. It then proposes and defends a
nondiscrimination rule that reflects the core commons management principle discussed
throughout this book. Chapter 14 briefly discusses some additional modern challenges.
This page intentionally left blank
this book draws heavily on different economic fields and involves a
number of moving parts. Accordingly, Part I frames the issues in more
detail, provides an overview of different economic approaches to infrastruc-
ture that incompletely address these issues, and examines the basic micro-
economic building blocks used throughout the rest of the book.
Foundations
1
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Sho’ I’se gwine ’way.
lucy belle
Visit yo’ son—?
pocher (fiercely)
I’se gwine ter leave dis place fo’ good.
lucy belle
Leave—fo’ good—!
pocher
Tol’ yo’ I was’n’ gwine ter put up wid dat nonsense no longer.
lucy belle
Oh, but, Mistah Pocher—
pocher
Had er vision dat somebody gwine ter make dem evil sparits riz up
on me agin. Pack mah valise dis mawnin’ ter be ready.
lucy belle
I ain’ gwine ter let it happen agin.
pocher
Yo’ say dat befo’.
lucy belle
Gwine ter de station right dis minute an’ put de po-lice on ’em.
pocher
Kin feel dem sparits wukkin’ on me now.
lucy belle
Yo’ kin break de spell.
pocher
I’se gwine ter break it by gittin’ ’way.
lucy belle
Please, Mistah Pocher—don’ go off like dis—
pocher (taking a step or two toward the door)
Kain’t stan’ it yere no longer.
lucy belle
Gimme anoder chanct.
pocher (pausing)
Warn yo’ ha’f er dozen times.
lucy belle
I know—I know—
pocher (proceeding toward the door)
Mus’ live in peace—an’ de presence ob de sparit ob de Lawd!
lucy belle
Mistah Pocher—!
pocher (turning and speaking in fierce tones as he reaches the door)
Hush yo’ talk! Done made up mah min’ ter leave dis place! Nuffin’
gwine ter stop me!
lucy belle (pulling herself together and speaking in resigned tones)
Ef—ef yo’ feels dat way ’bout it—I reckon dey ain’ no use.
pocher
I sen’ mah nephew—Joe Davis—’roun’ fo’ mah organ.
lucy belle
All right.
pocher
Reckon he’ll come ’roun’ termorrer wid his wagon.
lucy belle
Gwine ter pay me?
pocher
Pay yo’ fo’ w’at?
lucy belle
Yo’ been yere free days dis week.
(He glares at her, gives a snort, drops the portmanteau, thrusts a
hand down in his pocket and brings out a small, soiled bag, tied at
the top with a string. He unties the string, fumbles around in the
bag, finally pulls out a dirty, torn one-dollar bill.)
pocher (holding it out to her)
Yere.
lucy belle (advancing and taking it)
T-thanks. Might—mighty sorry yo’ gwine off—like dis.
(Pocher gives an impatient grunt and mumbles something to
himself. He returns the bag to his pocket, picks up his
portmanteau and opens the door.)
lucy belle
Goodbye.
pocher (shortly)
Goodbye. (He goes out, Back, closing the door after him.)
(Lucy Belle gives a little despairing sigh, then returns slowly to
Center, where she halts and stands staring—somewhat
abstractedly—down at the bill in her hand. Slim appears at the
window, Left Back, and peers in. At length Lucy Belle goes to the
cupboard on the Left, opens one of the top doors, removes the lid
from a crockery jar, reaches down in it, and takes out her pocket
book. She opens the pocket book, extracts three one dollar bills,
counts them carefully, places the one she has just received with
them and returns them all to the pocket book. Slim’s face
disappears from the window, Left Back. Lucy Belle comes
thoughtfully back to Center with the pocket book still in her hand.
At this juncture Israel and Fanny dash in, Back.)
israel
Mamma! Mamma!
lucy belle
W’at yo’ wan’ now?
fanny
Mamma—!
israel
Mamma, I’se hangry!
lucy belle
Did I call yo’?
fanny
No, but—
lucy belle
Stay out dere an’ play till I calls yo’!
fanny
I’se hangry!
lucy belle (displaying the pocket book)
I’se gwine down ter de mawket in jes a minute.
fanny
W’en we gwine ter have dinnah?
lucy belle (impatiently)
Jes’ as soon as I kin cook it.
israel
Mamma—!
lucy belle (angrily)
Shet up, now—bof-a yo’! Wan’ me ter lock yo’ up? (Israel begins
to whimper.) Yo’ yere me? Go on out dere an’ play! (The children
hesitate.) Go ’long! Wan’ me ter beat yo’? (They both scamper to
the door, Back.) Min’ yo’ don’ go out-a dis alley!
(They go out, Back, banging the door shut after them. She drops
her pocket book on the table, picks up her coat and puts it on. A
light knock sounds on the door, Back. She starts to answer the
door, but halts abruptly and a look of suspicion comes over her
face. Her eyes light upon the pocket book. She picks it up, goes to
the cupboard, Left, drops it in the crockery jar, puts the lid on,
closes the cupboard door and hurries to the door, Back. Just as
she reaches it, the knock sounds again. She opens it. Chick Avery
stands outside.)
lucy belle
Chick—!
chick (making an obsequious bow)
Dat’s me!
lucy belle
Come in!
(He enters, carrying a suit case, which he deposits near the door.
He looks a little more spruce than in the preceding act and carries
himself with a decidedly prosperous air. Lucy Belle closes the door,
and they both come down to Center.)
chick
De boat jes’ git in.
lucy belle
It did—?
chick
Mighty good ter see yo’ agin.
lucy belle (with a coy toss of her head)
Go ’long!
chick
On mah way ter de Gran’ Imperial.
lucy belle (trying to place the name)
Gran’ Imperial—!
chick
Colored hotel ovah yere on M Street.
lucy belle
Oh—de one Jim Mumbly keep!
chick (nodding)
Yas.
lucy belle
Uster be de Johnson House.
chick (with a laugh)
Yas, yas. Change its name ev’y monf.
lucy belle
Is yo’ stoppin’ dere, now?
chick
Jes’ now an’ den. Git tired gwine ’way out ter mah broder’s in
G’orgetown ev’y time I’se in town. Min’ ef I leave dis suit case yere
till I see ef dey got a room at de hotel?
lucy belle
No, indeedy!
chick
Ef dey is, I’ll sen’ a boy ovah fo’ it—ef dey ain’, I’ll drap back an’
git it an’ go on out ter G’orgetown,—’less yo’ wan’ ter put me up
yere.
lucy belle
W’at yo’ talkin’ ’bout?
chick (sitting on the edge of the table)
Jes’ met ole man Pocher gwine down de line.
lucy belle
Yo’ did—!
chick
Say he jes’ give up his room.
lucy belle (removing her jacket and throwing it over the back of a
chair)
I reckon he tol’ yo’ de truf.
chick
W’at’s de mattah?
lucy belle
Boys in de alley keep aftah him all de time. Pesters him ter deaf.
Puts salt on de do’step an’ ev’ythin’ like dat.
chick
Go ’long!
lucy belle
Done ev’ythin’ dey could ter git his goat.
chick
Hard bunch, ain’ dey?
lucy belle
’Deed dey is—an’ I ain’ had no time ter lay fo’ ’em.
chick
Mighty sorry yo’ havin’ dis trouble. Ef dey’s any way I kin he’p yo’
clean up fo’ ’em, lemme know.
lucy belle
Ain’ nuffin’ yo’ kin do. I oughter put de po-lice on ’em—but, yo’
knows, dat gwine ter make all kin’-a trouble fo’ me. (He nods.)
Dere people ’ud blackguard me—an’ raise hell.
chick
Why don’ yo’ move?
lucy belle (shaking her head)
Kain’t right now.
chick
Gwine ter keep on rentin’ it?
lucy belle
W’at—?
chick
De room.
lucy belle
Sho’—!
chick
Got anabody fo’ it?
lucy belle (irritated by the assumption she should act so quickly)
W’at yo’ spec’? He only jes’ give it up.
chick
Lemme have it.
lucy belle (measuring him with a withering glare)
Fo’ Gawd sakes—! Listen ter yo’—!
chick
Go ahaid!
lucy belle
Is yo’ crazy—?
chick
I only be in it free days a week—an’ I’ll pay yo’ twict as much as
Pocher.
lucy belle
Don’ care ef yo’ pays me five times as much.
chick
W’at’s de mattah wid yo’? I ain’ got smallpox or nuffin’ like dat—
lucy belle
Yo’ knows I ain’ gwine ter let yo’ have dat room.
chick
Don’ like mah looks—huh?
lucy belle (With a laugh)
Sho’—dat’s it. Waitin’ fo’ a bettah lookin’ man ter come ’long.
chick (with an explosive laugh)
Nevah did have no luck wid de ladies.
lucy belle (in the same spirit)
Ain’ gwine ter till yo’ git anoder face.
(Chick nods and chuckles.)
chick (at length, seriously)
Luce—listen ter me—
lucy belle
Chick Avery, lay off wid dat nonsense—
chick
I gits so lonesome—
lucy belle (shaking her head and scowling)
Nuffin’ doin’.
chick
Jes’ till I fin’s a room ’roun’ dis neighborhood dat suit me.
lucy belle (with mock ferocity)
Yo’ wan’ me ter bus’ yo’ in de eye?
chick
Ain’ I yo’ frien’—?
lucy belle (nodding)
Sho’ yo’ is! An’ I wan’s yo’ ter stay mah frien’.
(Chick grins and shakes his head, as though he regarded her as
an extremely difficult person to understand.)
chick (breaking into song)
“Yo’ kin break mah bones,
Wid sticks an’ stones,
But I’se gwine ter live anahow till I die.”
lucy belle
Yo’ oughter be singin’ fo’ a livin’—’stead-a barbarin’.
chick
Dat’s w’at ev’body tell me.
(They both laugh explosively. Lucy Belle sits down.)
chick (at length)
Enjoyed yo’se’f at dat dance at de Mawnin’ Star, did’n’ yo’?
lucy belle
Sho’ did—!
chick
Glad yo’ wen’, now, ain’ yo’?
lucy belle
I reckon so.
chick
Yo’ knows so!
lucy belle
Anaway yo’ says.
chick
Had ter beg yo’ long nuff ter git yo’ ter go.
lucy belle
I was’n’ feelin’ so good jes’ den.
chick
’Noder dance up dere Saturday night.
lucy belle
Yo’ don’ say—
chick
Big or-kestra an’ plenty ter drink.
lucy belle
Yo’ gwine—?
chick
Sho’! Wan’ ter go?
lucy belle
Kain’t.
chick (impatiently)
Sho’ yo’ kin. (She shakes her head.) W’at’s de mattah wid yo’?
lucy belle
Not dis time.
chick
Why not? Is yo’ sick?
lucy belle
I ain’ feelin’ jes’ right.
chick
Dat’s wa’t yo’ needs—ter git out an’ have a good time.
lucy belle
I know—
chick
Yo’ wan’ ter quit wukkin’ so steady.
lucy belle
Tell me somefin’ I don’ know.
chick
Why don’ yo’—?
lucy belle
Why don’ I quit breafin’?
chick
Yo’ look ten yeahs younger at dat las’ dance.
lucy belle (with a deprecating laugh)
Wish I thought so.
chick
I’m tellin’ yo’ so!
lucy belle
Did’n’ feel no ten yeahs younger w’en I gits out on dat flo’.
chick
’Noder one up dere free weeks from nex’ Saturday.
lucy belle
Dat so?
chick
Come on an’ go ter dat.
lucy belle (rising)
Kain’t, Chick.
chick (sliding off the table)
Gwine ter stick home yere—all de time?
lucy belle
Right now, I is.
chick
Luce—is yo’ sore at me?
lucy belle
No—no, indeedy, Chick.
chick
Den w’at’s de mattah?
lucy belle
Nuffin’—nuffin’ at all. Only I jes’ don’ wan’ ter go nowhars—fo’ a
while.
chick
An’ yo’ don’ wan’ me ter show yo’ a good time? (She shakes her
head.) Or he’p yo’ out a lil’—?
lucy belle
Don’ wan’ nobody ter he’p me out!
(Chick springs over to her side and takes her forcibly in his arms.)
lucy belle
Chick! Stop! Oh, mah Gawd—! Yo’—!
chick
Yo’ mine—mine—!
lucy belle (struggling frantically to free herself)
Lemme go, Chick—! Chick! Stop—!
chick
Mah lil’ budigee—! Yas, yo’ is! Ain’ yo’ mine! Damn yo’, say yo’s
mine!
lucy belle
Lemme go! Yo’ wan’ me ter yell, “Po-lice!”
chick (savagely)
Yo’ ain’ gwine ter yell nuffin’! (His arms tighten about her.) Gimme
a kiss! Come on! Yo’ yere me?
lucy belle (turning her head away and protesting between gasps)
Chick! Yo’ killin’ me—!
chick
Kiss me—lovah! Yo’ yere—! Kiss me!
lucy belle
Oh, Gawd—! Chick, don’—!
(He contrives to implant a prolonged kiss on her lips. At length,
with a superhuman effort, she wrenches herself free, and retreats
to the opposite side of the table. Chick starts to follow her,
whereupon she runs around to the back of the table, where she
stands, breathing heavily and weak from the struggle. Chick
stands facing her—on the opposite side of the table and with back
to the audience—his muscles taut, as though ready to lunge after
her.)
lucy belle (stretching out her arms beseechingly)
Don’, Chick—oh, don’—! Don’ come at me like dat!
chick
Luce—listen ter me—!
lucy belle
Chick—! Please—! Sam—mah own Sam-boy—he’s mah lovah. He’s
de onlies’ one—now!
chick
He ain’ nevah comin’ back ter yo’!
lucy belle
Yas, he is! De minute he git out! Yo’ don’ know Sam like I does. I
got ter stick ter him—no matter weder he in jail or not. Gimme a
chanct, Chick. Please—! Yo’ mah bes’ frien’—nex’ ter Sam. Gimme
a chanct ter keep mah promise ter him! Don’ do nuffin’ dat gwine
ter make him come back an’ kill yo’! (His muscles relax, as though
her appeal had moved him somewhat.) Don’—don’ come at me
like dat, Chick, ole boy—
(He gives a little, hollow laugh, reaches in his pocket, brings out a
package of Sweet Corporals, puts one in his mouth and lights it.
Lucy Belle runs a hand over her hair, which is all dishevelled, then
glances down at her waist.)
lucy belle
Don’ make a wreck ob me.
(She moves hesitatingly to the door, Left, and pauses for a
moment when she reaches there. He watches her with a narrow,
tense gaze.)
lucy belle
’Scuse me a minute.
(She goes out, Left. Chick leans back against the table and
smokes in sullen, contemplative silence. Presently a knock sounds
on the door, Back. Chick turns his head and listens. The knock
sounds again. He goes nonchalantly to the door and opens it.
Aunt Rebecca stands in the doorway.)
aunt rebecca (exclaiming)
Gawd-a-massy! Chick Avery, how is yo’?
chick
Fine and dandy.
(She steps into the room. Chick closes the door.)
aunt rebecca
Still on de Norfolk boat?
chick
Yas, indeedy.
aunt rebecca
Makin’ good money?
chick
Would’n’ be dere ef I was’n’.
aunt rebecca
Whar’s Lucy Belle?
chick
In dere. (He inclines his head toward the room, off Left.)
aunt rebecca
Drap in ter say howdy. (Chick, who has stood with his hand on the
knob, opens the door again.) Yo’ ain’ gwine—?
chick
On mah way. See yo’ some mo’.
aunt rebecca (shortly)
Goodbye.
(He goes out, closing the door after him.)
aunt rebecca (somewhat peeved by the abruptness of his departure)
Humph! No-count, like all de res’ dem yallow niggahs (Calling.)
Lucy Belle—oh, Lucy Belle!
lucy belle (off stage, Left)
Dat yo’, Aun’ Becky—?
aunt rebecca
Sho’ is, honey!
lucy belle
Come on in yere.
(Aunt Rebecca goes out, Left. A moment or two later the door,
Back, opens a foot or two and Slim sticks his head in and looks
about. Seeing no one, he enters stealthily and closes the door
slowly and with extreme care. He moves cautiously to the chair,
Left Center, on which Lucy Belle’s coat lies. He picks up the coat—
or jacket—and goes rapidly through the pockets in search of her
pocket book. Unable to find it in them, he drops the coat and
stands in tense thought. His eyes wander over to the cupboard,
Left. With quick, cat-like movements he goes to it, opens one of
the top doors, removes the lid from a crockery jar, peers into it,
sees nothing, removes the lid from the next one, peers into it,
discovers the pocket book, reaches in and takes it out. He quickly
extracts the four one-dollar bills, counts them and stuffs them in
his pocket. He then drops the pocket book back in the jar, replaces
the lid, and closes the door of the cupboard. He slips quickly
across to the door, Back, opens it and goes out. In his hurry to get
out he gives the door a little bang as he shuts it. A moment later
Lucy Belle enters, Left, with a startled, inquiring look and glances
about.)
aunt rebecca (off stage, Left)
W’at’s de mattah?
lucy belle
Thought I yered somebody come in.
(Aunt Rebecca enters, Left.)
aunt rebecca (glancing about)
Jes’ now?
lucy belle
Yas.
aunt rebecca
Go ’long!
lucy belle
Reckon I mus’ been dreamin’.
aunt rebecca
W’at yo’ yere?
lucy belle
Soun’ like de do’ shettin’.
aunt rebecca
Sho’ don’ see nobody.
lucy belle (glancing at the clock on the cupboard. The hands point to
half-past one)
Um! Got ter hussle.
aunt rebecca
Wukkin’ dis afternoon?
lucy belle (nodding)
Lot-a ironin’ ter do. Got ter git some dinnah fust, dough.
aunt rebecca (in surprise)
Ain’ yo’ had yo’ dinnah?
lucy belle
No.
aunt rebecca
Gawd-a-massy!
lucy belle
Waste a lot-a time chewin’ de rag wid Chick.
aunt rebecca
Go ahaid! Don’ lemme stop yo’.
lucy belle (with a sigh, as she picks up her jacket)
Gawd—! (Draws a hand across her forehead.)
aunt rebecca
Honey, w’at’s de mattah—?
lucy belle
Oh—nuffin’—
aunt rebecca
Yo’ did’n’ look right ter me w’en I fus’ look at yo’—in dere jes’ now.
lucy belle
I’se a lil’ tired—dat’s all, I reckon.
aunt rebecca (stepping over and observing Lucy Belle closely)
Why, honey, yo’ all nervous an’ trembly—!
lucy belle
No, I ain’, Aun’ Becky—
aunt rebecca
Yo’ is! Now, listen ter me—don’ yo’ go ter wuk dis aftahnoon.
lucy belle
Got ter!
aunt rebecca
No yo’ ain’! W’at yo’ talkin’ ’bout?
lucy belle
Put Moy in a hole ef I don’.
aunt rebecca
Don’ make no diff’rence.
lucy belle
’Spose ter deliver mos’-a dem clothes termorrer.
aunt rebecca
Yo’ good healf come fust.
lucy belle
Liable ter git sore an’ git somebody else ef I don’ show up.
aunt rebecca (with a snort)
W’at d’yo’ care? Let him! Dat ole Chink ain’ got de onlies’ job in de
worl’.
lucy belle (shakes her head)
Ain’ got no time ter go ’roun’ lookin’ fo’ somefin’ else right now.
aunt rebecca (impatiently)
Yo’ nevah take no ’vice.
lucy belle
Yas, I does, Aun’ Becky, but—
aunt rebecca
Yo’ don’—! Yo’ be in bed ef yo’ ain’ careful.
lucy belle (in conciliatory tones)
’Deed, I got ter git back dere dis aftahnoon.
aunt rebecca (shuffling grumpily toward door, Back)
Go ahaid, den. Git yo’se’f some dinnah fo’ yo’ do, dough.
lucy belle
I’se sho’ gwine ter! Reckon I feel bettah aftah I gits a lil’ somefin’
ter eat. (Following Aunt Rebecca to the door.) Come ovah dis
evenin!
aunt rebecca
I don’ know—
lucy belle
Oh, please, Aun’ Becky.
aunt rebecca (at the door)
W’at time?
lucy belle
Oh—oh, ’bout eight o’clock.
aunt rebecca (nodding)
See yo’ some mo’.
lucy belle
See yo’ some mo’.
(Aunt Rebecca goes out, Back. Lucy Belle puts on her jacket. She
goes to the cupboard, Left, opens the top door, removes the lid
from the crockery jar, reaches in and gets her pocket book.
Something about its flatness rouses her curiosity. She casually
opens it. A look of tragic dismay comes over her face as she
discovers that the money is missing.)
lucy belle
Oh, Gawd!
(She fumbles about in the jar again, then searches through her
pockets. It suddenly comes over her that she has been robbed.
She stands staring dumbly before her with an expression of
anguish and despair. Israel and Fanny run in, Back.)
israel
Mamma! I’se hangry!
fanny
W’en we gwine ter have dinnah?
lucy belle (with a sob)
Hush up!
fanny
Yo’ said yo’d have it right ’way.
israel
Mamma—ain’ yo’ gwine ter hurry?
lucy belle (in a choking voice)
Yas, yas—Mamma’s gwine right out—
(She is suddenly seized with a spell of dizziness. She sways
unsteadily for a moment or two, finally collapses and sinks heavily
down on a chair. The children scream and run to her side. She
places one hand against the table, grips the back of the chair with
the other and manages to hold herself up.)
lucy belle (in weak, disjointed tones)
Israel, son—hush! Yo’ yere me—? Mamma’s gwine ter be all right.
Fanny! Git me glass-a watah. (The girl hesitates.) Go on! Quick!
(Fanny runs off, Left.)
israel (crying)
Mamma! Yo’—yo’ gwine ter die?
lucy belle
No, no! Hush up!
(He clings to her sobbingly. Fanny enters, Left, with the glass of
water and hurries to her mother’s side.)
lucy belle (to Israel)
Son! Mamma gwine ter beat yo’ ef yo’ don’ stop!
fanny
Yere, Mamma!
(The child hands Lucy Belle the glass of water. She drinks it
slowly.)
lucy belle (half to herself)
Gawd, dat tas’ good. (She gradually revives. At length, as she sets
the glass on the table.) Listen ter me, yo’ chillen. Wan’ yo’ bof ter
run up ter Moy Wing’s. Yo’ yere me? (They nod.) Run up dere—an’
tell him dat Mamma gwine ter be late. Go ahaid, now. Beat it!
(They hang back, still sobbing.) Go on! (They run to the door,
Back.) Say dat he—he bettah git somebody ter he’p me out—!
Understan’—?
fanny
Yassum.
lucy belle
Beat it now!
(They go out, Back, closing the door after them. Lucy Belle, weak
and completely unnerved, sits staring tragically before her. At
length a knock sounds on the door, Back.)
lucy belle (half turning and speaking in still feeble tones)
Come in!
(The door opens and Chick Avery enters. Lucy Belle struggles to
her feet.)
chick
Back agin—!
lucy belle
Oh—er—! Did’n’ take yo’ long—.
chick
No rooms at de Gran’ Imperial. Gwine on out ter mah broder’s.
(He directs a fascinated gaze at her for a brief interval, as though
half-tempted to make another ardent and forcible appeal. He
thinks better of it, however, and starts to reach for the suit case.)
lucy belle (in tremulous, half-hysterical tones)
Chick—!
chick (straightening up)
Yas—?
lucy belle
Reckon yo’ kin have dat room.
chick (incredulously)
W’at—?
lucy belle
I—I’ll rent it ter yo’.
chick (as though he could hardly believe his ears)
Luce—!
(She half turns away from him and gazes before her with a face
full of woe.)
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Infrastructure The Social Value of Shared Resources 1st Edition Brett M. Frischmann

  • 1. Infrastructure The Social Value of Shared Resources 1st Edition Brett M. Frischmann download pdf https://ebookultra.com/download/infrastructure-the-social-value-of- shared-resources-1st-edition-brett-m-frischmann/ Visit ebookultra.com today to download the complete set of ebook or textbook!
  • 2. We believe these products will be a great fit for you. Click the link to download now, or visit ebookultra.com to discover even more! Time and the Shared World Heidegger on Social Relations 1st Edition Irene Mcmullin https://ebookultra.com/download/time-and-the-shared-world-heidegger- on-social-relations-1st-edition-irene-mcmullin/ The Social Value of Drug Addicts Uses of the Useless 1st Edition Merrill Singer https://ebookultra.com/download/the-social-value-of-drug-addicts-uses- of-the-useless-1st-edition-merrill-singer/ Conflict Social Capital and Managing Natural Resources A West African Case Study Cabi Publishing First Edition Keith M. Moore https://ebookultra.com/download/conflict-social-capital-and-managing- natural-resources-a-west-african-case-study-cabi-publishing-first- edition-keith-m-moore/ The Psychology of Work Theoretically Based Empirical Research Volume in Lea s Organization Management Series 1st Edition Jeanne M. Brett https://ebookultra.com/download/the-psychology-of-work-theoretically- based-empirical-research-volume-in-lea-s-organization-management- series-1st-edition-jeanne-m-brett/
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  • 5. Infrastructure The Social Value of Shared Resources 1st Edition Brett M. Frischmann Digital Instant Download Author(s): Brett M. Frischmann ISBN(s): 9780199895656, 0199895651 Edition: 1 File Details: PDF, 2.16 MB Year: 2012 Language: english
  • 9. Infrastructure THE SOCIAL VALUE OF SHARED RESOURCES Brett M. Frischmann 1
  • 10. 1 Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2012 by Brett M. Frischmann Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York 10016 Oxford is a registered trademark of Oxford University Press Oxford University Press is a registered trademark of Oxford University Press, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press, Inc. _________________________________________________________ Library of Congress Cataloging-in-Publication Data Frischmann, Brett M. Infrastructure : the social value of shared resources / Brett M. Frischmann. p. cm. Includes bibliographical references and index. ISBN 978-0-19-989565-6 (hbk. : alk. paper) 1. Infrastructure (Economics)—Social aspects. I. Title. HC79.C3F75 2012 363—dc23 2011040968 _________________________________________________________ 1 2 3 4 5 6 7 8 9 Printed in the United States of America on acid-free paper Note to Readers This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Also, to confirm that the information has not been affected or changed by recent developments, traditional legal research techniques should be used, including checking primary sources where appropriate. (Based on the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations.) You may order this or any other Oxford University Press publication by visiting the Oxford University Press website at www.oup.com
  • 11. To my wife, Kelly, and my three boys, Matthew, Jake, and Ben
  • 13. vii Contents Introduction ix part one | foundations 1. Defining Infrastructure and Commons Management 3 2. Overview of Infrastructure Economics 10 3. Microeconomic Building Blocks 24 part two | a demand-side theory of infrastructure and commons management 4. Infrastructural Resources 61 5. Managing Infrastructure as Commons 91 part three | complications 6. Commons Management and Infrastructure Pricing 117 7. Managing Congestion 136 8. Supply-Side Incentives 159 part four | traditional infrastructure 9. Transportation Infrastructure: Roads 189 10. Communications Infrastructure: Telecommunications 211 part five | nontraditional infrastructure 11. Environmental Infrastructure 227 12. Intellectual Infrastructure 253
  • 14. viii Contents part six | modern debates 13. The Internet and the Network Neutrality Debate 317 14. Application to Other Modern Debates 358 conclusion 365 acknowledgments 371 bibliography 375 index 403
  • 15. ix Introduction This book devotes much-needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. This book links infrastructure, a particular set of resources defined in terms of the manner in which they create value, with commons, a resource management principle by which a resource is shared within a community. Too often, we take for granted the shared infrastructures that shape our lives, our rela- tionships with each other, the opportunities we enjoy, and the environment we share. Think for a moment about the basic supporting infrastructures that you rely on daily. Some obvious examples are roads, the Internet, water systems, and the electric power grid, to name just a few. In fact, there are many less obvious examples, such as our shared language, legal institutions, ideas, and even the atmosphere. We depend heavily on shared infrastructures, yet it is difficult to appreciate just how much. It is difficult to fully appre- ciate how these resources contribute to our lives, because infrastructures are complex and the benefits provided are typically indirect. We don’t pay much attention to infra- structure resources, because they are conveniently obscure, part of the background. We assume their continuous availability and pay attention to them only when catastrophe strikes, for example when a bridge fails or rolling blackouts deprive us of the electricity we need. And even then, the public attention given is reactive, isolated, and short-lived. When a bridge collapses, for example, the immediate public outcry may be sufficient to support efforts to rebuild the particular bridge, but that is about as far as it goes. As the headline value of the disaster fades, the world moves on. According to the American SocietyofCivilEngineers(ASCE),“morethan26%,oroneinfour,ofthenation’sbridges
  • 16. x Introduction are either structurally deficient or functionally obsolete.”1 In 2008, over 70,000 bridges in the United States were categorized as structurally deficient, and in addition, over 89,000 bridges were categorized as functionally obsolete.2 And the problem is by no means limited to bridges. To take a rather simple illustration, the ASCE Report Card for America’s Infrastructure (see table I.1) is abysmal, concluding with a “grade point aver- age” of D and an estimated five-year investment need of $2.2 trillion. While there are reasons one might quibble with the ASCE grading system or even particular grades, the basic point is that we have a major infrastructure problem in the United States. Our complacent, reactive, piecemeal approach to infrastructure is incred- ibly shortsighted and must change. A more proactive, systematic, long-term approach to infrastructure is desperately needed, as experts have long recognized.3 For such change 1 ASCE (2009). 2 Department of Transportation 38 (2008) (Table 2-1-9 contains the relevant statistics on bridges). 3 This need has long been recognized among expert communities. That is, engineers, economists, and other experts who focus on infrastructure have long argued for a proactive, systematic, long-term approach to infra- structure. What has not been recognized or at least explored methodically are the demand-side issues examined in this book. table i.1 ASCE Report Card for America’s Infrastructure (2009) Infrastructure Type 2009 Grade Aviation D Bridges C Dams D Drinking Water D– Energy D+ Hazardous Waste D Inland Waterways D– Levees D– Public Parks and Recreation C– Rail C– Roads D– Schools D Solid Waste C+ Transit D Wastewater D– America’s Infrastructure GPA D Estimated Five-Year Investment Need $2.2 trillion
  • 17. Introduction xi to even begin to occur, however, citizens must learn to appreciate the social value of shared infrastructure.4 We simply cannot assume continuous availability. As the ASCE Report Card indicates, both governments and markets struggle to adequately supply the public with the infrastructures that it needs. The reasons are many, and this book will not discuss them all. Infrastructure resources often require substantial investment to supply, maintain, and manage. The investment must come from somewhere, and the public must pay one way or another (taxes, user fees, etc.). As economists like to put it, there is no such thing as a free lunch. Raising sufficient capital to invest can be difficult. There are a host of “supply-side” obstacles to efficient infrastructure provisioning. Economic analysis of infrastructure tends to focus on these issues. But one critical reason, which is generally overlooked and which this book will confront at length, is that infra- structure users, as voters and consumers, may not adequately signal social demand for infrastructures. There are a host of “demand-side” issues to confront. At bottom, demand- side problems arise because we do not fully appreciate the social value that infrastructures provide. Infrastructure resources entail long-term commitments with deep consequences for the public. Infrastructures are a prerequisite for economic and social development. Infrastructures shape complex systems of human activity, including economic, cultural, and political systems. That is, infrastructures affect the behavior of individuals, firms, households, and other organizations by providing and shaping the available opportuni- ties of these actors to participate in these systems and to interact with each other. Transportation and communications infrastructures, for example, enable economic and cultural engagement between communities, expanding the scope of markets and com- munities by enabling people, goods, and ideas to travel more easily. Legal infrastructure, including laws and court systems, for example, enable an incredible variety of economic and social interactions within and across communities. Property and contract laws are a basic foundation for markets of all sorts. The First Amendment shapes the speech envi- ronment—the political, economic, cultural, and other conversations people have. Infrastructure resources are at the center of many contentious public policy debates, ranging from what to do about our crumbling roads and bridges, to whether and how to protect our natural environment, to patent law reform, to electromagnetic spectrum allocation, to providing universal health care, to energy policy, to network neutrality regulation and the future of the Internet. The list could go on and on. Although the policy arenas may seem unrelated, all of them are, to some extent, the same. Each of these policy debates (and many others) involves a battle to control infrastructure resources, set 4 Just as environmental movement helped society to see what it took for granted, this book aims to bring infrastructure to the foreground, so we can better see infrastructure where it exists and to sense its potential where it could come to exist.
  • 18. xii Introduction the terms and conditions under which the public gets access, and determine how the infrastructure and various infrastructure-dependent systems will evolve over time.5 The battle is joined in each of these areas, with some groups arguing strongly for recourse to private property solutions6 and other groups arguing strongly that such an approach would be fatal.7 These groups draw on a broader intellectual debate about the merits of private control over (or, conversely, open access to) various types of resources. The intellectual debate takes place in a number of fields, including law, economics, and political science. On the private control side, there is robust economic theory in support of private ordering via markets with minimal government involvement. By contrast, on the open-access side, there is a frequent call for protecting the “commons,” but the theo- retical support for this prescriptive call is underdeveloped from an economics perspec- tive. In fact, many who oppose privatization, deregulation, and commercialization view the entire discipline of economics with sincere suspicion and doubt. This book advances strong economic arguments for managing and sustaining infra- structure resources as commons. For better or worse, economics has become the method- ology of choice for many scholars and policy makers in these areas. The book offers a rigorous economic challenge to the prevailing wisdom about managing infrastructure. Within economics, infrastructure resources typically have been evaluated using public goods and club goods frameworks; under either framework the analysis typically has focused on the problem of ensuring adequate supply. This book explores a set of ques- tions that, once asked, seem obvious: What drives the demand side of the equation, and how should demand-side drivers affect public policy? Demand for infrastructure resources involves a range of important considerations that bear on the optimal design of a regime for infrastructure management. A demand-side approach facilitates a better understanding of how infrastructure resources generate value for society and how decisions regarding the allocation of access to such resources affect social welfare. The key insights from this analysis are that infra- structure resources are basic inputs into a wide variety of productive activities and infra- structure users who choose to engage in such activities often produce public and social goods that generate spillovers that benefit society as a whole. Managing such resources as commons may be socially desirable from an economic perspective because doing so facil- itates these downstream productive activities. For example, managing the Internet infra- structure in this manner facilitates active citizen involvement in the production and 5 The debates involve other issues as well. My point is that infrastructure issues are often at the core. 6 E.g., “privatize public roads and bridges so that firms motivated by profit incentives will reduce costs and manage the resources efficiently” or “pay providers of ecosystem services for the benefits their land conveys to all of us” or “let the network owners control what traffic flows across their cables.” 7 E.g., “privatization benefits only a few, such as current politicians, the owners, and current users with the means to pay increased tolls” or “commodification will not solve environmental problems” or “network neutrality is essential to the future of the Internet.”
  • 19. Introduction xiii sharing of public and social goods. Over the past decade, this has led to increased oppor- tunities for a wide range of citizens to engage in entrepreneurship, political discourse, social network formation, and community building, among many other socially valuable activities. To put the basic lesson more plainly: We should share infrastructure resources in an open, nondiscriminatory manner when it is feasible to do so. This is attractive public policy—not only for distributional or fairness reasons, but also for efficiency reasons. Society is better off sharing infrastructure openly. This book explains why. And it also explains that although many people question the feasibility of sharing, worrying that sharing will destroy incentives to invest or will lead to overuse, such concerns are greatly overstated and often can be addressed in a manner that preserves nondiscrimina- tory sharing. The infrastructure commons ideas developed in this book have broad implications for scholarship and public policy across many fields, ranging from traditional infrastructure like roads to environmental economics to intellectual property to Internet policy. The book identifies resource valuation and attendant management problems that recur across many different fields and many different resource types, and it develops a functional economic approach to understanding and analyzing these problems. Accordingly, the theory is developed at a higher level of abstraction than would be appropriate if it focused exclusively on a single field or resource. This means that the theory needs refinement as it is applied in context. The book offers no universal prescriptions, because trade-offs will be different in different areas. Still, it is helpful and illuminating to take a step back and look across traditional disciplinary lines before examining the trade-offs. The first three parts of this book develop a general theoretical framework for examining the social value of shared infrastructure. The framework is not tailored to a particular type of infra- structure. Instead, it is based on a functional economic analysis of the characteristics of infrastructure resources. The final three parts of the book apply the framework to many different types of infrastructure, exploring nuanced trade-offs that arise in particu- lar contexts as well as common issues that cut across different contexts. Despite their obvious differences, road systems, telephone networks, ecosystems, and ideas have much more in common than is conventionally appreciated. Detailed Summary of Chapters Part I lays the foundation for the economic arguments developed throughout the rest of the book. Chapters 1, 2, and 3 are building blocks. The concepts “infrastructure” and “commons” are used differently and often loosely across a wide range of disciplines, including engineering, economics, political science, and law. Moreover, the two concepts are rarely used together. Accordingly, chapter 1 sets forth a general description of the concepts, drawing on some of the key functional features of infrastructure as resources
  • 20. xiv Introduction and commons as a mode of resource management. This discussion highlights some of the gaps in our understanding of how infrastructure generates social value and the role that commons management plays in facilitating value generation by infrastructure users. Chapter 2 gives an overview of infrastructure economics. Surprisingly, there is no par- ticular subfield within economics devoted to infrastructure. The overview explains the basic supply-side orientation of public welfare economics and regulatory economics and highlights this book’s point of departure—its focus on the demand side. Chapter 3 provides a detailed discussion of microeconomic concepts that serve as building blocks for the demand-side theory developed in Part II. The concepts are very important to understanding the value of infrastructure and evaluating and improving resource management. (Readers well versed in microeconomics may wish to skip this chapter. However, the chapter highlights some overlooked demand-side issues that arise in the analysis of public goods, social goods, and externalities.) Part II develops a demand-side theory of infrastructure and commons management. It is the heart of the book. It delineates a set of infrastructure resources based on functional economic criteria and examines whether managing these resources as commons is an attractive resource management strategy. Chapter 4 focuses on infrastructure resources. It aims to identify and evaluate infra- structure resources functionally from a systems perspective. First, it identifies and exam- ines three economic criteria common to traditional infrastructure, such as transportation systems and telecommunications networks, and nontraditional infrastructure, such as the atmosphere and basic research. Specifically, infrastructural resources satisfy the following criteria: (1) The resource may be consumed nonrivalrously for some appreciable range of demand. (2) Social demand for the resource is driven primarily by downstream productive activity that requires the resource as an input. (3) The resource may be used as an input into a wide range of goods and services, which may include private goods, public goods, and social goods. These criteria delineate a set of resources that are functionally infrastructural. Bear in mind that the economic concepts woven together in these criteria are carefully explained in chapter 3. Second, chapter 4 develops a typology of different infrastructure (commer- cial, public, social, and mixed infrastructure) based on the distribution of productive activities the infrastructure facilitates. Third, it discusses how both the resource set delineated by the three criteria and the subsets delineated by the typology are dependent on demand, and how resources may evolve into or out of the set or subsets. The chapter explains how different types of demand-side market failures arise when spillovers from public or social goods are prevalent.
  • 21. Introduction xv Chapter 5 connects the demand-side analysis of how infrastructure resources generate value for society with the management of such resources as commons. The case for commons management must be evaluated carefully and contextually. Chapter 5 first considers commons management as a private strategy. There are a variety of reasons why private firms choose to manage their infrastructure as commons. I discuss five primary reasons: (a) consumers generally dislike and react negatively to discrimination; (b) com- mons management may economize on information and transaction costs and avoid unnecessary complexity; (c) commons management may facilitate joint production or cooperation with competitors; (d) commons management may support and encourage value-creating activities by users; and (e) commons management may maximize the option value of infrastructure when there is high uncertainty regarding sources of future market value. Chapter 5 next considers commons management as a public strategy. There are a variety of situations in which commons management is not an attractive private strategy but nonetheless is an attractive public strategy; markets sometimes fail to adopt com- mons management even when doing so would improve social welfare. The chapter explains the conventional forms of and justifications for such regulation. Next, it utilizes the typology developed in chapter 4 and articulates additional, powerful reasons to manage public, social, and mixed infrastructure in a nondiscriminatory manner. Specifically, commons management can be an efficient means of indirectly supporting public participation in a variety of socially valuable activities, namely activities that involve the production, use, and distribution of public and social goods. As such, com- mons management can be understood as serving two public functions: First, it diffuses pressure within both market and political systems to “pick winners and losers” and leaves it to users to decide what to do with the opportunities (capabilities) provided by infra- structure. Second, it functions like an option—a social option. When there is high uncer- tainty about which users or uses will generate social value in the future, as is typically the case for public, social, or mixed infrastructure, managing the infrastructure as a commons sustains the generic nature of the infrastructure, precludes optimization for a narrower range of activities, and avoids social opportunity costs associated with path dependency. Together, these public functions suggest a third public function: Commons management structures the relationships between infrastructure and infrastructure-dependent systems in a manner that creates a spillover-rich environment, where spillovers flow from the many productive activities of users. These activities yield new and unanticipated innova- tions, knowledge, social capital, and other public and social goods that lead to economic growth and development as well as social welfare improvements not fully reflected in traditional economic measures. Though theory reveals a weight on the scale in favor of commons management that seems to be ignored in most contexts, the theory does not necessarily tip the balance; there are other relevant considerations, some more important than others, depending on
  • 22. xvi Introduction the context. Part III focuses on three sets of complications that must be considered when evaluating the case for managing infrastructure as commons. The first set involve the impacts that commons management might have on pricing practices, and concerns that nondiscrimination rules must be accompanied by price regulation or government subsidies. The second set concerns congestion management and complications that arise when infrastructure is partially (non)rival and thus congestible, and the relationships between commons management and congestion management. Finally, the third set concerns the impact of nondiscrimination rules on supply-side incentives. As the chap- ters reveal, arguments based on these complications should be evaluated carefully. In many cases, the complications are manageable and do not undermine the case for com- mons management. Part IV discusses examples of traditional infrastructure—specifically, transportation infrastructure (roads) in chapter 9 and telecommunications infrastructure (telephone networks) in chapter 10. These chapters illustrate how the demand-side theory applies to these traditional infrastructure resources and how commons management has been implemented. Both road and telecommunications infrastructures provide generic public capabilities, mobility and communication, that allow users to engage in an incredibly wide variety of productive activities. These activities generate private, public, and social goods and consequently substantial spillovers to the benefit of society. In the United States, the vast majority of road infrastructure is publicly owned, and the vast majority of telephone infrastructure is privately owned. The supply-side stories for these infra- structures are thus quite different. Yet both are sustained as commons, accessible to the public on nondiscriminatory terms. These chapters discuss a range of complications. Road infrastructure is complicated by congestion, negative externalities associated with environmental pollution, and public financing of maintenance and improvements. Telephone infrastructure is complicated by regulatory costs and the difficulties of transi- tioning from regulated monopoly to competition. While these chapters do not exhaus- tively cover these rich and complex fields, they begin to provide a more nuanced picture of how these fundamental infrastructure resources generate value for society, the critical role of commons management, and the various institutional means for sustaining com- mons when faced with an array of conflicting issues. Part V shifts attention from traditional infrastructure to nontraditional infrastruc- ture—specifically, environmental and intellectual infrastructure. It may seem odd to be grouping roads and telephone networks with lakes and ideas under the infrastructure umbrella. One reason for doing so is to highlight the demand-side similarities and the important, if varied, role of commons management. When feasible, society benefits tremendously by leveraging nonrivalry to support nondiscriminatory access to such resources because doing so enables the public to participate productively in a wide range of socially valuable activities. As with traditional infrastructure, many environmental and intellectual infrastructure resources are public, social, and mixed infrastructures that contribute immensely to our economic and social development. The case for commons
  • 23. Introduction xvii management depends, however, on managing a host of competing considerations. Intellectual infrastructures face supply-side issues similar to those issues faced by tradi- tional infrastructure. Attracting private investment can be difficult because of the cost structure of supply, high costs of exclusion, and misappropriation risks. Environmental infrastructures do not face the same supply-side issues, but environmental infrastructure face complex congestion and degradation problems. In short, pure open access to intel- lectual or environmental infrastructure typically is not feasible absent additional institu- tional support, whether in the form of public subsidies for basic research or in the form of command and control regulation of industrial polluters. Viewing foundational environmental and intellectual resources through the infrastructure lens yields interest- ing insights regarding commons management institutions. In particular, both environ- mental and intellectual property legal systems construct semi-commons arrangements that create and regulate interdependent private rights and public commons. Each does so in very different ways, however. Part VI applies the infrastructure theory to modern challenges. Chapter 13 applies infrastructure theory to the particularly contentious “network neutrality” debate. At the heart of this debate is whether the Internet infrastructure will continue to be managed as a commons. Ultimately, the outcome of this debate may very well determine whether the Internet continues to operate as a mixed infrastructure that supports widespread user production of commercial, public, and social goods, or whether it evolves into a commercial infrastructure optimized for the production and delivery of commercial out- puts. The chapter criticizes the current framing of the debate as well as the recent rule enacted by the Federal Communications Commission. It then proposes and defends a nondiscrimination rule that reflects the core commons management principle discussed throughout this book. Chapter 14 briefly discusses some additional modern challenges.
  • 25. this book draws heavily on different economic fields and involves a number of moving parts. Accordingly, Part I frames the issues in more detail, provides an overview of different economic approaches to infrastruc- ture that incompletely address these issues, and examines the basic micro- economic building blocks used throughout the rest of the book. Foundations 1
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  • 27. Luce— lucy belle Done feed yo’ all I’se gwine ter! slim Wan’ me ter starve? lucy belle Git out an’ hussle—now. Yo’s a lot bettah able den I is. slim (harshly reproachful) Gittin’ hard as hell, ain’ yo? lucy belle I reckon I’se gittin’ wise in mah ole age. slim Len’ me a dollah, den. lucy belle Len’ yo’ nuffin’, Slim. slim Fifty cents—! lucy belle (emphatically, as she shakes her head) No—! slim Keep me gwine till termorrer. lucy belle Nuffin’ doin’. slim (clenching his fists and coming toward her menacingly) Yo’ bettah by a damn sight change yo’ min’!
  • 28. lucy belle (backing away) Yo’ keep ’way from me, Slim Dorsey! slim (with a savage shout) Gimme a dollah—! lucy belle (stopping abruptly and standing her ground squarely) Die fo’ I give yo’ ’noder cent! (He leans forward as though to lunge at her. She steps back a pace.) Don’ yo’ dare lay a han’ on me! Don’ yo’ dare! I’se gwine ter yell “Po-lice!” an’ “Murder!” ef yo’ tech me—! (Old man Pocher is heard coming heavily down the stairs, Right. Both Slim and Lucy Belle turn and listen.) lucy belle Sen’ ole man Pocher out fo’ he’p. (Slim hesitates for a moment or two, then turns and slinks to the door, Back.) slim (turning at the door) I git yo’ fo’ dis! lucy belle (defiantly) Git me! (She turns and stands listening as Pocher descends the stairs. At length the door, Right, opens and the old man enters carrying a very old black leather portmanteau—so old and battered and scarred that it looks as though it were about to fall to pieces. There is fiery resolve in Pocher’s eyes. He gives Lucy Belle a sharp glance and makes directly for the door, Back.) lucy belle (hesitatingly) H’yo’, Mistah Pocher—! pocher (halting and glaring at her)
  • 29. W’at—? lucy belle Yo’—yo’ gwine ’way? pocher Sho’ I’se gwine ’way. lucy belle Visit yo’ son—? pocher (fiercely) I’se gwine ter leave dis place fo’ good. lucy belle Leave—fo’ good—! pocher Tol’ yo’ I was’n’ gwine ter put up wid dat nonsense no longer. lucy belle Oh, but, Mistah Pocher— pocher Had er vision dat somebody gwine ter make dem evil sparits riz up on me agin. Pack mah valise dis mawnin’ ter be ready. lucy belle I ain’ gwine ter let it happen agin. pocher Yo’ say dat befo’. lucy belle Gwine ter de station right dis minute an’ put de po-lice on ’em. pocher
  • 30. Kin feel dem sparits wukkin’ on me now. lucy belle Yo’ kin break de spell. pocher I’se gwine ter break it by gittin’ ’way. lucy belle Please, Mistah Pocher—don’ go off like dis— pocher (taking a step or two toward the door) Kain’t stan’ it yere no longer. lucy belle Gimme anoder chanct. pocher (pausing) Warn yo’ ha’f er dozen times. lucy belle I know—I know— pocher (proceeding toward the door) Mus’ live in peace—an’ de presence ob de sparit ob de Lawd! lucy belle Mistah Pocher—! pocher (turning and speaking in fierce tones as he reaches the door) Hush yo’ talk! Done made up mah min’ ter leave dis place! Nuffin’ gwine ter stop me! lucy belle (pulling herself together and speaking in resigned tones) Ef—ef yo’ feels dat way ’bout it—I reckon dey ain’ no use. pocher
  • 31. I sen’ mah nephew—Joe Davis—’roun’ fo’ mah organ. lucy belle All right. pocher Reckon he’ll come ’roun’ termorrer wid his wagon. lucy belle Gwine ter pay me? pocher Pay yo’ fo’ w’at? lucy belle Yo’ been yere free days dis week. (He glares at her, gives a snort, drops the portmanteau, thrusts a hand down in his pocket and brings out a small, soiled bag, tied at the top with a string. He unties the string, fumbles around in the bag, finally pulls out a dirty, torn one-dollar bill.) pocher (holding it out to her) Yere. lucy belle (advancing and taking it) T-thanks. Might—mighty sorry yo’ gwine off—like dis. (Pocher gives an impatient grunt and mumbles something to himself. He returns the bag to his pocket, picks up his portmanteau and opens the door.) lucy belle Goodbye. pocher (shortly) Goodbye. (He goes out, Back, closing the door after him.)
  • 32. (Lucy Belle gives a little despairing sigh, then returns slowly to Center, where she halts and stands staring—somewhat abstractedly—down at the bill in her hand. Slim appears at the window, Left Back, and peers in. At length Lucy Belle goes to the cupboard on the Left, opens one of the top doors, removes the lid from a crockery jar, reaches down in it, and takes out her pocket book. She opens the pocket book, extracts three one dollar bills, counts them carefully, places the one she has just received with them and returns them all to the pocket book. Slim’s face disappears from the window, Left Back. Lucy Belle comes thoughtfully back to Center with the pocket book still in her hand. At this juncture Israel and Fanny dash in, Back.) israel Mamma! Mamma! lucy belle W’at yo’ wan’ now? fanny Mamma—! israel Mamma, I’se hangry! lucy belle Did I call yo’? fanny No, but— lucy belle Stay out dere an’ play till I calls yo’! fanny I’se hangry!
  • 33. lucy belle (displaying the pocket book) I’se gwine down ter de mawket in jes a minute. fanny W’en we gwine ter have dinnah? lucy belle (impatiently) Jes’ as soon as I kin cook it. israel Mamma—! lucy belle (angrily) Shet up, now—bof-a yo’! Wan’ me ter lock yo’ up? (Israel begins to whimper.) Yo’ yere me? Go on out dere an’ play! (The children hesitate.) Go ’long! Wan’ me ter beat yo’? (They both scamper to the door, Back.) Min’ yo’ don’ go out-a dis alley! (They go out, Back, banging the door shut after them. She drops her pocket book on the table, picks up her coat and puts it on. A light knock sounds on the door, Back. She starts to answer the door, but halts abruptly and a look of suspicion comes over her face. Her eyes light upon the pocket book. She picks it up, goes to the cupboard, Left, drops it in the crockery jar, puts the lid on, closes the cupboard door and hurries to the door, Back. Just as she reaches it, the knock sounds again. She opens it. Chick Avery stands outside.) lucy belle Chick—! chick (making an obsequious bow) Dat’s me! lucy belle Come in!
  • 34. (He enters, carrying a suit case, which he deposits near the door. He looks a little more spruce than in the preceding act and carries himself with a decidedly prosperous air. Lucy Belle closes the door, and they both come down to Center.) chick De boat jes’ git in. lucy belle It did—? chick Mighty good ter see yo’ agin. lucy belle (with a coy toss of her head) Go ’long! chick On mah way ter de Gran’ Imperial. lucy belle (trying to place the name) Gran’ Imperial—! chick Colored hotel ovah yere on M Street. lucy belle Oh—de one Jim Mumbly keep! chick (nodding) Yas. lucy belle Uster be de Johnson House. chick (with a laugh) Yas, yas. Change its name ev’y monf.
  • 35. lucy belle Is yo’ stoppin’ dere, now? chick Jes’ now an’ den. Git tired gwine ’way out ter mah broder’s in G’orgetown ev’y time I’se in town. Min’ ef I leave dis suit case yere till I see ef dey got a room at de hotel? lucy belle No, indeedy! chick Ef dey is, I’ll sen’ a boy ovah fo’ it—ef dey ain’, I’ll drap back an’ git it an’ go on out ter G’orgetown,—’less yo’ wan’ ter put me up yere. lucy belle W’at yo’ talkin’ ’bout? chick (sitting on the edge of the table) Jes’ met ole man Pocher gwine down de line. lucy belle Yo’ did—! chick Say he jes’ give up his room. lucy belle (removing her jacket and throwing it over the back of a chair) I reckon he tol’ yo’ de truf. chick W’at’s de mattah? lucy belle
  • 36. Boys in de alley keep aftah him all de time. Pesters him ter deaf. Puts salt on de do’step an’ ev’ythin’ like dat. chick Go ’long! lucy belle Done ev’ythin’ dey could ter git his goat. chick Hard bunch, ain’ dey? lucy belle ’Deed dey is—an’ I ain’ had no time ter lay fo’ ’em. chick Mighty sorry yo’ havin’ dis trouble. Ef dey’s any way I kin he’p yo’ clean up fo’ ’em, lemme know. lucy belle Ain’ nuffin’ yo’ kin do. I oughter put de po-lice on ’em—but, yo’ knows, dat gwine ter make all kin’-a trouble fo’ me. (He nods.) Dere people ’ud blackguard me—an’ raise hell. chick Why don’ yo’ move? lucy belle (shaking her head) Kain’t right now. chick Gwine ter keep on rentin’ it? lucy belle W’at—? chick
  • 37. De room. lucy belle Sho’—! chick Got anabody fo’ it? lucy belle (irritated by the assumption she should act so quickly) W’at yo’ spec’? He only jes’ give it up. chick Lemme have it. lucy belle (measuring him with a withering glare) Fo’ Gawd sakes—! Listen ter yo’—! chick Go ahaid! lucy belle Is yo’ crazy—? chick I only be in it free days a week—an’ I’ll pay yo’ twict as much as Pocher. lucy belle Don’ care ef yo’ pays me five times as much. chick W’at’s de mattah wid yo’? I ain’ got smallpox or nuffin’ like dat— lucy belle Yo’ knows I ain’ gwine ter let yo’ have dat room. chick
  • 38. Don’ like mah looks—huh? lucy belle (With a laugh) Sho’—dat’s it. Waitin’ fo’ a bettah lookin’ man ter come ’long. chick (with an explosive laugh) Nevah did have no luck wid de ladies. lucy belle (in the same spirit) Ain’ gwine ter till yo’ git anoder face. (Chick nods and chuckles.) chick (at length, seriously) Luce—listen ter me— lucy belle Chick Avery, lay off wid dat nonsense— chick I gits so lonesome— lucy belle (shaking her head and scowling) Nuffin’ doin’. chick Jes’ till I fin’s a room ’roun’ dis neighborhood dat suit me. lucy belle (with mock ferocity) Yo’ wan’ me ter bus’ yo’ in de eye? chick Ain’ I yo’ frien’—? lucy belle (nodding) Sho’ yo’ is! An’ I wan’s yo’ ter stay mah frien’.
  • 39. (Chick grins and shakes his head, as though he regarded her as an extremely difficult person to understand.) chick (breaking into song) “Yo’ kin break mah bones, Wid sticks an’ stones, But I’se gwine ter live anahow till I die.” lucy belle Yo’ oughter be singin’ fo’ a livin’—’stead-a barbarin’. chick Dat’s w’at ev’body tell me. (They both laugh explosively. Lucy Belle sits down.) chick (at length) Enjoyed yo’se’f at dat dance at de Mawnin’ Star, did’n’ yo’? lucy belle Sho’ did—! chick Glad yo’ wen’, now, ain’ yo’? lucy belle I reckon so. chick Yo’ knows so! lucy belle Anaway yo’ says. chick Had ter beg yo’ long nuff ter git yo’ ter go. lucy belle
  • 40. I was’n’ feelin’ so good jes’ den. chick ’Noder dance up dere Saturday night. lucy belle Yo’ don’ say— chick Big or-kestra an’ plenty ter drink. lucy belle Yo’ gwine—? chick Sho’! Wan’ ter go? lucy belle Kain’t. chick (impatiently) Sho’ yo’ kin. (She shakes her head.) W’at’s de mattah wid yo’? lucy belle Not dis time. chick Why not? Is yo’ sick? lucy belle I ain’ feelin’ jes’ right. chick Dat’s wa’t yo’ needs—ter git out an’ have a good time. lucy belle I know—
  • 41. chick Yo’ wan’ ter quit wukkin’ so steady. lucy belle Tell me somefin’ I don’ know. chick Why don’ yo’—? lucy belle Why don’ I quit breafin’? chick Yo’ look ten yeahs younger at dat las’ dance. lucy belle (with a deprecating laugh) Wish I thought so. chick I’m tellin’ yo’ so! lucy belle Did’n’ feel no ten yeahs younger w’en I gits out on dat flo’. chick ’Noder one up dere free weeks from nex’ Saturday. lucy belle Dat so? chick Come on an’ go ter dat. lucy belle (rising) Kain’t, Chick. chick (sliding off the table)
  • 42. Gwine ter stick home yere—all de time? lucy belle Right now, I is. chick Luce—is yo’ sore at me? lucy belle No—no, indeedy, Chick. chick Den w’at’s de mattah? lucy belle Nuffin’—nuffin’ at all. Only I jes’ don’ wan’ ter go nowhars—fo’ a while. chick An’ yo’ don’ wan’ me ter show yo’ a good time? (She shakes her head.) Or he’p yo’ out a lil’—? lucy belle Don’ wan’ nobody ter he’p me out! (Chick springs over to her side and takes her forcibly in his arms.) lucy belle Chick! Stop! Oh, mah Gawd—! Yo’—! chick Yo’ mine—mine—! lucy belle (struggling frantically to free herself) Lemme go, Chick—! Chick! Stop—! chick
  • 43. Mah lil’ budigee—! Yas, yo’ is! Ain’ yo’ mine! Damn yo’, say yo’s mine! lucy belle Lemme go! Yo’ wan’ me ter yell, “Po-lice!” chick (savagely) Yo’ ain’ gwine ter yell nuffin’! (His arms tighten about her.) Gimme a kiss! Come on! Yo’ yere me? lucy belle (turning her head away and protesting between gasps) Chick! Yo’ killin’ me—! chick Kiss me—lovah! Yo’ yere—! Kiss me! lucy belle Oh, Gawd—! Chick, don’—! (He contrives to implant a prolonged kiss on her lips. At length, with a superhuman effort, she wrenches herself free, and retreats to the opposite side of the table. Chick starts to follow her, whereupon she runs around to the back of the table, where she stands, breathing heavily and weak from the struggle. Chick stands facing her—on the opposite side of the table and with back to the audience—his muscles taut, as though ready to lunge after her.) lucy belle (stretching out her arms beseechingly) Don’, Chick—oh, don’—! Don’ come at me like dat! chick Luce—listen ter me—! lucy belle Chick—! Please—! Sam—mah own Sam-boy—he’s mah lovah. He’s de onlies’ one—now!
  • 44. chick He ain’ nevah comin’ back ter yo’! lucy belle Yas, he is! De minute he git out! Yo’ don’ know Sam like I does. I got ter stick ter him—no matter weder he in jail or not. Gimme a chanct, Chick. Please—! Yo’ mah bes’ frien’—nex’ ter Sam. Gimme a chanct ter keep mah promise ter him! Don’ do nuffin’ dat gwine ter make him come back an’ kill yo’! (His muscles relax, as though her appeal had moved him somewhat.) Don’—don’ come at me like dat, Chick, ole boy— (He gives a little, hollow laugh, reaches in his pocket, brings out a package of Sweet Corporals, puts one in his mouth and lights it. Lucy Belle runs a hand over her hair, which is all dishevelled, then glances down at her waist.) lucy belle Don’ make a wreck ob me. (She moves hesitatingly to the door, Left, and pauses for a moment when she reaches there. He watches her with a narrow, tense gaze.) lucy belle ’Scuse me a minute. (She goes out, Left. Chick leans back against the table and smokes in sullen, contemplative silence. Presently a knock sounds on the door, Back. Chick turns his head and listens. The knock sounds again. He goes nonchalantly to the door and opens it. Aunt Rebecca stands in the doorway.) aunt rebecca (exclaiming) Gawd-a-massy! Chick Avery, how is yo’? chick Fine and dandy.
  • 45. (She steps into the room. Chick closes the door.) aunt rebecca Still on de Norfolk boat? chick Yas, indeedy. aunt rebecca Makin’ good money? chick Would’n’ be dere ef I was’n’. aunt rebecca Whar’s Lucy Belle? chick In dere. (He inclines his head toward the room, off Left.) aunt rebecca Drap in ter say howdy. (Chick, who has stood with his hand on the knob, opens the door again.) Yo’ ain’ gwine—? chick On mah way. See yo’ some mo’. aunt rebecca (shortly) Goodbye. (He goes out, closing the door after him.) aunt rebecca (somewhat peeved by the abruptness of his departure) Humph! No-count, like all de res’ dem yallow niggahs (Calling.) Lucy Belle—oh, Lucy Belle! lucy belle (off stage, Left) Dat yo’, Aun’ Becky—?
  • 46. aunt rebecca Sho’ is, honey! lucy belle Come on in yere. (Aunt Rebecca goes out, Left. A moment or two later the door, Back, opens a foot or two and Slim sticks his head in and looks about. Seeing no one, he enters stealthily and closes the door slowly and with extreme care. He moves cautiously to the chair, Left Center, on which Lucy Belle’s coat lies. He picks up the coat— or jacket—and goes rapidly through the pockets in search of her pocket book. Unable to find it in them, he drops the coat and stands in tense thought. His eyes wander over to the cupboard, Left. With quick, cat-like movements he goes to it, opens one of the top doors, removes the lid from a crockery jar, peers into it, sees nothing, removes the lid from the next one, peers into it, discovers the pocket book, reaches in and takes it out. He quickly extracts the four one-dollar bills, counts them and stuffs them in his pocket. He then drops the pocket book back in the jar, replaces the lid, and closes the door of the cupboard. He slips quickly across to the door, Back, opens it and goes out. In his hurry to get out he gives the door a little bang as he shuts it. A moment later Lucy Belle enters, Left, with a startled, inquiring look and glances about.) aunt rebecca (off stage, Left) W’at’s de mattah? lucy belle Thought I yered somebody come in. (Aunt Rebecca enters, Left.) aunt rebecca (glancing about) Jes’ now?
  • 47. lucy belle Yas. aunt rebecca Go ’long! lucy belle Reckon I mus’ been dreamin’. aunt rebecca W’at yo’ yere? lucy belle Soun’ like de do’ shettin’. aunt rebecca Sho’ don’ see nobody. lucy belle (glancing at the clock on the cupboard. The hands point to half-past one) Um! Got ter hussle. aunt rebecca Wukkin’ dis afternoon? lucy belle (nodding) Lot-a ironin’ ter do. Got ter git some dinnah fust, dough. aunt rebecca (in surprise) Ain’ yo’ had yo’ dinnah? lucy belle No. aunt rebecca Gawd-a-massy!
  • 48. lucy belle Waste a lot-a time chewin’ de rag wid Chick. aunt rebecca Go ahaid! Don’ lemme stop yo’. lucy belle (with a sigh, as she picks up her jacket) Gawd—! (Draws a hand across her forehead.) aunt rebecca Honey, w’at’s de mattah—? lucy belle Oh—nuffin’— aunt rebecca Yo’ did’n’ look right ter me w’en I fus’ look at yo’—in dere jes’ now. lucy belle I’se a lil’ tired—dat’s all, I reckon. aunt rebecca (stepping over and observing Lucy Belle closely) Why, honey, yo’ all nervous an’ trembly—! lucy belle No, I ain’, Aun’ Becky— aunt rebecca Yo’ is! Now, listen ter me—don’ yo’ go ter wuk dis aftahnoon. lucy belle Got ter! aunt rebecca No yo’ ain’! W’at yo’ talkin’ ’bout? lucy belle
  • 49. Put Moy in a hole ef I don’. aunt rebecca Don’ make no diff’rence. lucy belle ’Spose ter deliver mos’-a dem clothes termorrer. aunt rebecca Yo’ good healf come fust. lucy belle Liable ter git sore an’ git somebody else ef I don’ show up. aunt rebecca (with a snort) W’at d’yo’ care? Let him! Dat ole Chink ain’ got de onlies’ job in de worl’. lucy belle (shakes her head) Ain’ got no time ter go ’roun’ lookin’ fo’ somefin’ else right now. aunt rebecca (impatiently) Yo’ nevah take no ’vice. lucy belle Yas, I does, Aun’ Becky, but— aunt rebecca Yo’ don’—! Yo’ be in bed ef yo’ ain’ careful. lucy belle (in conciliatory tones) ’Deed, I got ter git back dere dis aftahnoon. aunt rebecca (shuffling grumpily toward door, Back) Go ahaid, den. Git yo’se’f some dinnah fo’ yo’ do, dough. lucy belle
  • 50. I’se sho’ gwine ter! Reckon I feel bettah aftah I gits a lil’ somefin’ ter eat. (Following Aunt Rebecca to the door.) Come ovah dis evenin! aunt rebecca I don’ know— lucy belle Oh, please, Aun’ Becky. aunt rebecca (at the door) W’at time? lucy belle Oh—oh, ’bout eight o’clock. aunt rebecca (nodding) See yo’ some mo’. lucy belle See yo’ some mo’. (Aunt Rebecca goes out, Back. Lucy Belle puts on her jacket. She goes to the cupboard, Left, opens the top door, removes the lid from the crockery jar, reaches in and gets her pocket book. Something about its flatness rouses her curiosity. She casually opens it. A look of tragic dismay comes over her face as she discovers that the money is missing.) lucy belle Oh, Gawd! (She fumbles about in the jar again, then searches through her pockets. It suddenly comes over her that she has been robbed. She stands staring dumbly before her with an expression of anguish and despair. Israel and Fanny run in, Back.) israel
  • 51. Mamma! I’se hangry! fanny W’en we gwine ter have dinnah? lucy belle (with a sob) Hush up! fanny Yo’ said yo’d have it right ’way. israel Mamma—ain’ yo’ gwine ter hurry? lucy belle (in a choking voice) Yas, yas—Mamma’s gwine right out— (She is suddenly seized with a spell of dizziness. She sways unsteadily for a moment or two, finally collapses and sinks heavily down on a chair. The children scream and run to her side. She places one hand against the table, grips the back of the chair with the other and manages to hold herself up.) lucy belle (in weak, disjointed tones) Israel, son—hush! Yo’ yere me—? Mamma’s gwine ter be all right. Fanny! Git me glass-a watah. (The girl hesitates.) Go on! Quick! (Fanny runs off, Left.) israel (crying) Mamma! Yo’—yo’ gwine ter die? lucy belle No, no! Hush up! (He clings to her sobbingly. Fanny enters, Left, with the glass of water and hurries to her mother’s side.) lucy belle (to Israel)
  • 52. Son! Mamma gwine ter beat yo’ ef yo’ don’ stop! fanny Yere, Mamma! (The child hands Lucy Belle the glass of water. She drinks it slowly.) lucy belle (half to herself) Gawd, dat tas’ good. (She gradually revives. At length, as she sets the glass on the table.) Listen ter me, yo’ chillen. Wan’ yo’ bof ter run up ter Moy Wing’s. Yo’ yere me? (They nod.) Run up dere—an’ tell him dat Mamma gwine ter be late. Go ahaid, now. Beat it! (They hang back, still sobbing.) Go on! (They run to the door, Back.) Say dat he—he bettah git somebody ter he’p me out—! Understan’—? fanny Yassum. lucy belle Beat it now! (They go out, Back, closing the door after them. Lucy Belle, weak and completely unnerved, sits staring tragically before her. At length a knock sounds on the door, Back.) lucy belle (half turning and speaking in still feeble tones) Come in! (The door opens and Chick Avery enters. Lucy Belle struggles to her feet.) chick Back agin—! lucy belle Oh—er—! Did’n’ take yo’ long—.
  • 53. chick No rooms at de Gran’ Imperial. Gwine on out ter mah broder’s. (He directs a fascinated gaze at her for a brief interval, as though half-tempted to make another ardent and forcible appeal. He thinks better of it, however, and starts to reach for the suit case.) lucy belle (in tremulous, half-hysterical tones) Chick—! chick (straightening up) Yas—? lucy belle Reckon yo’ kin have dat room. chick (incredulously) W’at—? lucy belle I—I’ll rent it ter yo’. chick (as though he could hardly believe his ears) Luce—! (She half turns away from him and gazes before her with a face full of woe.) CURTAIN
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