Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1870-07-01
A GENERAL RAILWAY LAW

WE have come to the conclusion that
the legislative pewer vested by the Consti-
tuition III the Congress of the United States
ought to be exercised in giving 10 the
country some general system for the regu-
lation and management of the means of
trade and commerce between the several
states, including telegraphs and railroads.
Congress has full power to pass such
law. In article first, section eighth and
clause third it is provided that Congress
shall have power "to regulate commerce with
foreign nations, and among the several
states, and with the Indian tribes Judge
Story, who is very high au,hHrity, takes the
ground in his commentaries that the power
to reguate means the power ''to prescribe
the rule by which commerce is TO be gov
erned" and that the power is not limited
to mere "trafhc, to buying and selling, or
the interchange of commodities" but also
comprehends all the means OF 'navigation
and intercourse" between the several states
and with foreign nations. 1t was the inten-
ton OF the trainers of the Constitution to
bestow such a power upon Congress, as
being necessary to the peaceful and har-
monious working of our federal system.
This power has, III various ways, and at
different times, been exercised in the p st
history of the country.
Sihce the adoption of the Constitution
and the grant of tins power the railway
systen, particularly, has kecome so stu
pendous, has so largely taken the place Of
naviSable rivers, and at the present time
performs such an important function in
the methods of interstate commerce, that
a wholesome and general regulation of it
by Congress has really become a public
necessity. AS now managed, it has no re-
straints or guidance except in the local
legislation of the several states. This
legislation is not uniform. What is prac-
tically one railroad under one corporation
may run through halfa dozen different states,
and be subject to the varying policies of as
many different legislature. Railroads as
the channels of domestic commerce have
acquired the character of interstate high
ways, in which all the people have a COM
mon interest, without reference to the par.
ticuar state in which they may reside;
and this interest, involving the safety Of
travel as well as the rate of charges for
passengers and freight, ought to be repre-
sented and guarded by a system of national
legislation applicable to the regulation of
railways. This is true in all European
countries; and in this fact we see one OF
the great reasons why the railroads of
Europe are better built, better managed,
and conducted with greater safety to the
traveller, than under the hap-hazard, mis-,
cellaneous. and uncertain system of this
country What the country needs is a gem
eral railroad law, 10 which the system shall
conform in all parts OF the land. Such a
law must. Of course, come from Congress.
Moreover, the enormous abuses which
have crept INTO the railway system under
state Legislation. and the utter failure of
state legislatures and state courts 10 sup
ply any adequate remedy; the huge con-
solicitations into vast monopolies. controlling
Interstate travel and commerce in their
own interests, and against the public good
the watering of railway stocks By millions
upon millions; the sacrifice of the rights of
homes, and bona tide stockholders by specu.
latng usurpers the MANNER in which
these stocks are manipulated and kick, d
about by officers whose chief business is
speculation /; the perils to which the traveller
and the trader are subject by negligent and
incompetent otlicials-these paipable and
CRYING evils of the system call for remedy
as radical and universal as the evils them
selves. Such history as that of the Erie
Railroad is burning disgrace to the whole
land. 1t is a great public nuisance, that
ought to be aba,ed-not by the destruction of
the road, but by securing different manage
ment.
These, in our Judgment, are sufficient
reasons for the legislative iuterposition Of
Congress. A well framed railroad law,
applicable to the whole country, would be
great public benefit. The experience ac-
CURED within the last twenty-five years
ought to be an ample guide to the prcvis-
lons and principles that should be contained
in such a law.-A Y hdepctdeln.