Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-03-02
RUTLAND HERALD.
THURSDAY, FEBRUARY %, 1885.
rne New Jersey Monopoly.

tween lnc 6lAltrs hhiS pAAi 40 I"'0N
by the House is, we believe, nearly iden-
teal with the one introduced by Mr..
sumuer into the Senate ct the last SEES
sion. While IL is applicable to all the
states, IL has more direct reference TO
the odious and notorious railroad mo-
nopoly which has long existed in New
Jersey, and TO this Mr.. Sumner directs
his attention.
Mr.. Johnson, senator from Maryland,
opposed the bill, on the grounds that 1t
was unconstitutional, that IL interfered
with state sovereignty, that it impaired
The obligation Of contracts, that the
power OF Congress to establish post
roads was simply a power TO dssig"a"
some route already existing, and not TO
construct new ones.
Mr.. Sumner on the contrary shows
most conclusively that there is no such
thing as state sovereignty-that the su-
preme law OF the land is an implied part
of every contract, and that the consti-
nationality OF the measure clearly APP
pears, first, because Congress has power
TO regulate commerce between the states;
second, it has the power TO establish
posi- roads, and thirdly, to raise and
support armies 1t would of course be
absurd to suppose that Congress could
raise an army, but could not authorize
the agencies required for it's transporta-
ton from place to place. MIR. Sumner
quotes from Justices Marshall, Story,
Grier and Mclean in cases in which
New York and Massachusetts endeaY-
ored to impose taxes on alien passengers,
and also In reference to the bridges
across the Ohio river at Wheeling and
eteubenyille, which were all decided in
tlvor of unrestricted communication.
We give q short passage relating to one
of these cases.
Mr. Justice Grer said, with great
point ITO what purpose commit 70
Congress the power of regulating our
intercourse with foreign nations and
among the states, If these regulations
may be changed at the discretion
Of each state" at
is, therefore, net left to the discretion of
each state Of the Union either to refuse
right of passage to persons or prop
erty or to exact duty on permission to
exercise II"
But this is the very thing that is now
done by New Jersey, which exacts a
duty frem passengers across the state.
Mr.. Johnson-Do | understand the
senator to be quoting from the passen-
ger case2
Mr.. Sumner-Yes, sir.
Mr.. Johnson-That was case where
the legislation of Massachusetts, was
brought before the court.
Mr.. SUMNER have already stated
that there were two states offenders at
that time; there Is now only one.
The state Of New Jersey Is identified
in interest with the railroad corporation,
because it derives large revenue from
a tax on all passengers and freight that
are transported over the roads OF the
company from New York to Philadel-
phia. The power Of Congress in the
matter has been virtually acknowledged
BY New Jersey herself in q legislative
act, one section of which reads as fol"
lows:
"See. 6 Be IL enacted, That when any
other railroad or roads for the transpor-
tation of passengers and property be-
tween New York and Philadelphia across
this state, shall be constructed and used
n. hu nj rtne nf
any law of this state or the United
States authorizing or recognizing SAID
road, that then and in that case said
dividends shall be no longer payable to
the state, and the said stock shall be re-
transferred to the company by the treas
urer Of this state"
Thus, in formal words, has New Jer-
sey actually anticipated the very meas
ure now under consideration. All that
is now proposed so far as New Jersey 10
soncsrued Is simply to recognize other
railroads for the transportation OF pas
sengers and property between New York
and Philadelphia across this state.
What is called the Delaware and Rari-
tan Bay Railroad, leading from point
opposite New York to point opposite
Philadelphia, has been constructed; and
on the breaking ont of the rebellion
says Mr.. Sumner, the Qusrtermaster
General of the United States directed
the transportation Of troops, horses
baggage and munitions of war, FROM
New York to Philadelphia over this line
The other railroad, claiming a monopo
", filed bill in equity, praying thai
the Raritan and Delaware Bay Railroad
"'be decreed TO resist and refrain from
such transportation, and also prayi c
"that an account may be taken TO "a
certain the amount OF damages" Thu
counsel of the monopoly openly insisted
that, by this transportation, the state
vas "robbed OF her ten cents passsen
ger" and then cried out, II say 1t il
no defense whatever If they have sue
ceeded In obtaining an order Of the Sec