, 1872-12-30


RAILWAY FREIGHT CHARGES.
The Hon. Samuel Shellabarger, member Of
Congress- from Ohio, has introduced bill which
prohibits any railway carrying passengers freight
etc.. on their way from one State to another
State, making my discrimination in rates because
Of distance; the said rates to be uniform as to
mileage. Mr. Shel1abarger makes the introduce
tion Of his bill the occasion Of very long letter
to Boston paper, in which he discusses great
many matters, and makes many learned refer
ences to legal decisions, but fails, 60 fur as We
can discover, to touch tho question whether
Congress has authority to prescribe to railroads
Or other common carriers the rate OF compon-
sation they may charge for transportation. Mr.
sheNabarger makes the following points:
1. That the rate charged by railroads for the
transportation OF freight amounts, in many
cases, to e1tortion and that while food is rotting
at one end OF rail7oad, there are persons very
hungry at the other end.
2 That, under the power to regulate COM
merco, Congress has enacted various regula-
tions as to the construction Of vessels; the num-
Der OF passengers each may carry where the
freight and baggage must be slowed the guam
tlty and kinds Of food to be given passengers
and crew, and how it ehall be cooked rules as
to cleanliness, and to protect passengers from
outrage and wrong; and that Congress has, in
like manner, provided similar regulations 70
commerce on steam and other vessels engaged
III the inland trade.
3. That the power of Congress to regulate
commerce among the several States is precisely
the Same as it is to regulate foreign commerce.
4. That railroads, though unknown at the
time Of tho adoption Of tho Constitution, stand
in the respect Of commerce as do vessels upon
the rivers, lakes, and ocean.
S. That all State laws and charters OF railroad
md othor corporations, which operate as regu-
lat!ons Of commerce among the several States,
arc subject to the paramount power Of Congress
to alter them whenever Congress shall decide
to do so in aid and regulation Of commerce.
+. That the only cases where q Statehas power
to regulate commerce not subordinate to the
power of Congress is in that commerce which is
conducted wholly within the Limits Of such
State, and is, therefore, neither foreign COM
mcrce nor commerce among the States.
Z. That in tho absence Of any exercise Of its
constitutional authority by Congress, the regu-
lations Of the several States would be valid, but
oil such regulations by States would lapse when
Congress should act in the matter.
These several propositions, SO elaborately dis
cuaHed By Mr.. shellabarger, may be all admitted
as self-evidcnt, and yet they leave the question
as to the power Of Congress to regulate tho rates
Of transportation precisely where it is now. We
can all understand that railroads, though char
tered by States, hold their charters subject to
all the powers given to Congress by the Consti~
tuition; aud, while it is clear that Congress can
regulate commerce among the States just as we'll
as it can upon the ocean, that does not
settle tho question whether Congress can
ix the rates OF transportation in either case.
Mr.. Shel1abarger leaves the country as much in
tho dark upon this point as it was before, and
yet that ia the vital point in the whole subject
matter.
This question is one which has provoked ac-
ton on the part OF several State Legislatures.
These States have undertaken to enact tariff OF
rates for the transportation Of passengers and
freights, and to prohibit any discrimination in
the rates upon through and way frcights. This
has been attempted under the general police
power Of the State, or undor some assumed au-
thority to regulate commerce within the State.
So far rs it applies to through freghts it is nop-
erativo, because Of the easy means OF eyading
it., md therefore tho State regulation, at best
is very feeble, or altogether nugatory. This is
go generally admitted, that the country now
turns to Congress for the exercise Of this
authority, if it exist at all. The failure OF Mr.
shellabargcr to give any information on tho
vital point of tho whole discussion will be q
disappointment to those who have faith that an
net of Congress euro any trouble, from high
! treason to the rheumatism.
We do not underestimate tho calamity Of high
rates OF transportation. They are to some e1-
tent g result Of that vicious system Of taxation
under which tho whole country 1abors. There
is not Il rail- spike, q casting OF any kind, q
tool, or piece Of machinery, locomotive, or
wheel, or tire, or any other article composed
wholly or in part of iron and Steel which has not
been taxed during the last ten years from SO to
| 90 per cent. During that time erory mile OF
| railroad in the United States has been laid
or re1aid; the cost Of construction and
of maintenance has been substantially doubled,
and the samo tax has followed its rolling stock
from the lumber Of its platform cars to tho
paint, varnsh, and glass Of its passenger coaches.
Tho growers OF corn and of wheat have been and
are now paying that tax; they are paying it. as
Mr. Shellabarger states, by sending five bushels
OF corn to pay the freight Of ono from Iowa to
New York. The railroads have not been taxed
one dollar that they have not and do not collect
with compound interest from tho men who raise
| corn to send to market. The crop OF 1872 was
1argo one in tho aggregate; it WAS in excess Of
the capacity OF tho railroads to move. The rail-
roads, therefore, have advanced their rates. so
as to obtain for the transportation Of one-third
Of the tho aarpa rava1uo hef u, hor,