New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-03-01

that is, to prescribe, the rule by which com.
MERGE is governed"
"And while conceding to the States the
power to authorize the, construction Of
bridges, turnpikes, streets and railroads, in
answer to the objection that such cOnces-
sion to the States would arm them with q
power potent for evil and liable to abuse, it
| was expressly said that Congress may in
terpose, whenever it shall be deemed neces-
| sary, by general or special laws y"
I'm these cases the judges have been
| speaking of navigation. But the terms Of
| the constitution are not confined to that
| mode of conducting commerce. Any other
| means Of commerce are obviously within
| its terms, and the language Of the extracts
above given either distinctly state or clearly
| import such fact. have shown that rail
| ways are HOW means of interstate COM
| merce as well as steamboats,. Their iron
| tracks, extending from ocean to ocean, are
| no more limited by political boundaries
than are the rivers which rise in one State
| and flow through others to the sea. Over
the former, propelled by one application of
the motive power of steam, roll many cars
laden with the products and fabrics of one
section OF the country for the supply of
the wants Of distant section. Through
the latter, propelled by another application
OF the same power, ply the steamers, laden
| in like manner, and discharging like
benetcent Office Where lies the difference
between them? Why should not the power
which regulates one extend to the control OF
the other r.
Such, Mr.; Speaker, is the Language, OF Mr.
Justice Miller, member of the highest
court in the United States as set forth IN
his Circuit Court Reports.
Abundant evidence of similar purport can
be found in the decisions OF the courts, to
| justify the conclusion that Congress has
ample power to enact laws on tins subject.
| And why not! If it is within the province
| of legislative body to limit the rates OF
| toll on turnpike or plank road, can there
| be any good reason why the same should
not be done in the case of railroad!
But it may be said that this whole subject
Should be left with the Legislatures of the
several States. In other words, that an at
tempt on the part of Congress to grapple
with this question is only another step
toward Capitalization. On this point in
vite your attention to the language of Hon.
Charles Francis Adams, Jr, one Of tae rail-
road commissioners for the State of Massa-
chusetts, in an essay on the subject OF rail
roads and their management. He says:
$50 tar as railroads are concerned, COM
petition puts both certainty and RESPONSE
bility out Of question. 1t renders the first
impossible, and by division destroys the
last. Most conclusive illustrations of all
.,
sufficiency Of the State Legislature to deal
with the subject, may be found in the expe-
rience of the year 1870. During that year
competition was bitter in the extreme; the
rates made East and West were simply
ruinous. On certain descriptions Of freight
they were literally reduced to nothing. OF
course this could not last. Early in Sep
TENDER, 1870, representatives of the COM
peting lines met in New York and pro-
lad fO n,fo cfn IN in ha
only way possible among monopOlists, by
combination, The parties in interest were
the New York Central, the Erie, and Penn
sylvania Central. The competition was
mainly from Illinois to New York. In both
Illinois and New York laws forbidding the
| consolidation Of competing lines were in
force. and all these roads were carrying on
operations in one or both of these States.
At the meeting in question it was decided
to pool the earnings Of the lines to all
competing points. In other words, all re-
ceipts from that business which was sup
posed to receive a peculiar benefit from
competition were to be paid into common
fund. Competition was to Immediately
cease, fixed rates to be charged, and thus,
at least, all the great trunk lines were to
be practically consolidated, in so far as the
business community is concerned"
And the railroad commissioners for the
State of Illinois, in a late and very able re-
port on this subject, say:
The regulation of the railroad system by
legislative enactments is a great problem,
waiting its successful solution in the future.
Whether it will ever be successfully solved
by the action of the several States is
doubted by many. Our most important
railroad lines having become national-in
fact, it might be said observation-disclosures
of the best minds of the country which have
attent;vely studied the subject, have init
mated that as Congress has the undoubted
constitutional power to regulate commerce
with foreign nations and among the several
States, the whole control of the railroad
management, as relates to the interests of
the people at large. should be committed to
the national. legislature"
Is there a necessity for such legislation
l know it may be said that fault finding is
easy, and that wrongs are easier found
than remedies; yet l insist that reform is
demanded. and such reform can not be too
thorough nor come too soon.
What are the evils Of which we complain!
Men possessed with sufficient brain and en-
ergy to win success in any department of
life have combined together, and seized the
railroad as stepping-stone to wealth and
power. Less than score of these persons
meet in secret cOnclave, and resolve to in
crease the rates of charges on every line Of
road represented by them. The telegraph
informs the station agents of this edict, and
new schedule Of charges at once goes into
effect. But the farmer who is shipping his
grain to market receives no more than be-
fore, and is therefore compelled to subtract
from the proceeds of his harvest this addi-
tional tribute levied by the owners of the
railroad. Indeed, the entire inland country
OF the West Is, III sense, at the mercy of
these railroad operators. We read in his
tory that the barons of the feudal ages
owned the lands. and at their pleasure
levied tribute on their subjects; and history
repeats itself in the fact that these monopo-
lies accomplish the same end, only through
a different channel
1t has been argued that the construction
of new roads would tend to destroy these
combinations by creating healthy cOmpe
petition; and to that end the people have
involved themselves in debt and given
freely of their means, while Congress for
the same purpose has made princely grants
of land. But each new road, as soon as
completed. at once combines with others,
and thus relief fails to come. On the con-
trary, the monopolies are on the increase
from year to year. aud competition is thus
diminished. To-day the railroad lines be-
tween all important points throughout the
country are no more nor less than mOnGp-
Olies.
But it may be said that the railroads have
developed the country and rendered valu-
able large tracts of land which otherwise
were entirely worthless. This in measure
is true; and am free to admit their right |
to control the vast tracts of land which |
have been coded to them for that purpose;
yet deny their right to control directly or
indirectly, by combinations or otherwise,
L.,