Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-07-10
REPORT m RAILROADS.

Vol VIII ON
We find the following important Re-
port among the proceedings in Con-
gress on the goth of June:
The Committee on Roads and Canals, In
their report on the regulation and control OF
railroads, say
It is impossible for the Committee to state
the value Of the commerce among the States
at the time Of the adoption Of the Constitn-
ton. It was, however, limited to a few mil
lions Of dollars. In the year ending marcn
Is, 1857, the value Of freight transported
across the State Of Illinois BY railroad from
east to west, was SAL, 100000. The value OF
freight transported across the same Staee IN
same year, from west to east, was $2So,ooo'-
900.
Through freight westward for the year 1852:
Penn. Cen. R. Re-. l45,205 $l25,s44,et5
Erie Railroads.. .... 1885 l29,9l0,394
N. Y. Cen. R. Rec. 1858 l49,544,65O
These few statistics, selected because
readily accessible, are given to show the I'M
mense value Of interstate commerce, which
is without any adequate protection, unless It
Is within the power OF Congress to protectit-
a m which Is being extended and de-
yeloped with wonderful rapidity as the vast
territories Of the United States west Of the
Mississippi are being settled and their re-
sources developed. Il seems impossible that
the almost unlimited commerce which Is de:-
tined to pass from tho interior OF the cont.
nent to the Atlantic, or from ocean to ocean,
and which in the near future may embrace
the commerce between Asia and our own At
lantic coast, should be subject to the diverse
and conflicting rules, regulations and limita-
- :koI hv Aanh State 0ynf
whose territory it will pass that each State
shall have power to say that such commerce
shall be limited to a single track that =
change of cars should be made necessary
when any local interest would be benefited
thereby; that competition should be prevent
ed, and power given to each State corpora
| ton to impose Such charges upon the trans.
portation of freight and passengers from
State 10 State as should be oppressive and
burdensome, and which would be impossible
II competition were permitted; and yet all
| these things are not only possible but nearly
| certain to occur, IL this vast commerce Is to
be regulated only by State laws.
It has appearedin evidence before the Com
mittee, BY the statement OF the Postmaster
General, that he has not been able TO make
a contract for the carrying Of the mails be-
tween Washington and New York upon the
conditions prescribed by law, and that the
proposition that the railroad corporations
forming the continuous line between said
| cities might refuse to carry the mails Of the
| United States has been frequently stated by
| the officers Of said roads, and the Committee
see no reasUn why It is not In the power Of
| the corporation to cut off all railway postal
| communication between Washington and
| New York.
The Committee are Of opinion that Con-
press has not the Constitutional power TO
l~egislate in relation to railroads which do not
form parts OF continuous lines extending
from one State to another. 1t has long been
settled that Congress has power to prevent
the obstruction Of any navisaole stream
which is q means Of commerce between any
two or more States Gibbons vs.. Ogden, 9th
Wheaton, p. l9l; Corfeld vs.. Corvel, 4th
Washington C. C. R, p. 1873; Gilman vs..
Philadelphia, Sd Wallace, p. 724); but It is
held otherwise In relation to q stream that 10
wholly within any ono State, and unconnect-
ed with the n~avigable waters Of another
State (Veazee VS.. Moore, l4th Howard, p.
1853; Wilson vs.. Blackbird Creek Marsh Co.,
I'd Petera, p. 25l).
The Committee are instructed, il in their
opinion Congress has the power under the
| Constitution to provide by law for the regu-
lation and control Of railroads extending
from State to State, to report a bill which will
secure:
First-Ths safety Of passengers.
Second-Uniform and equitable rates Of
fare.
Third-Uniform and equitable charges for
freight or transportation.
F~ourth-Proper connections with each
other a. to transportation Of passengers and
freight.
The Committee respectfully report that
they have not the power at the present time
to report such q bill, for want Of the neces-
sary information upon which to act. They
are not now advised what plan Of construct.
ing cars, what kind Of material to be used in
their construction, what mode Of lighting
and warming the cars, will best secure the
safety Of passengers, nor what specific
| changes should be made to secure a proper
system Of regularity and uniformity in their
connections OF the various roads; that, IN
the opinion OF the Committee, such a bill
should only be prepared after a full and care.
full investigation Of the whole subject, and
the examination Of persons Of competent
skill and experience to give reliable infor-
nation upon the subject.
In the British Parliament the information
essential to proper legislation in relation to
the management Of railways and the proper
construction Of engines and cars, is sought
BY the appointment Of special committees to
make the necessary investigation and take
the necessary evidence. The reports Of
these committees Of Parliament have been
the basis Of the legislation upon the subject,
and have been the means Of securing a much
greater degree Of safety for passengers and
promptness and efficiency in the transmits.
sion OF merchandise. The minority Of the
the committee, Messrs. Kerr and Barnum,
concluded their report as follows:
II Congress possesses ~omnipotent author
ity to impair or disregard the obligation Of
contracts, then what Is the value Of the pro-
hibition? What safety exists for the sup.
posed sanctity Of the contracts and inter
course between man and man in society ? II
Congress may impair or disregard the obli-
CATION Of contracts between a State and her
citizens, whenever in its judgment it be-
somes expedieut for the regulation OF COM
merce, or for any other purpose, then how is
the power Of Congress over all such inter-
ests to be restrained
The power Of the States over the most
important and sacred interests Of their citi-
.cns, for their regulation and projection,
must then DO exercised subject to the pleas.
urc Of Congress. The right Of the States to
regulate their own domestic policy in their
wi way, and to protect their wi citizens in
their domestic, personal and Preside rights,
interests and contracts, which 10 the most
exalted and invaluable Office Of civil govern
ment, becomes q myth It cannot be that
Congress possesses any more right to impair
the obligation Of contracts than the States.
We therefore conclude that the measure
referred to and proposed cannot be %constitu-
~tioually enacted by Congress, and ought not
to DO entertained, and that, IL the power ex-
listed, its exercise would be inexpedient.