Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1872-02-29

Ana IN TINS way are we deprived OF
the cheap freights that otherwise
would be afforded by the river.
Take point on one Of the eastern
and western roads in Iowa and you
will find the charges almost as much
from the same point TO Chicago,
three to five times as far. The effect
OF this unfair discrimination is to
compel the farmers to ship their
grain to Chicago or convert it into
live stock, and in either case their
profits are largely diminished
Where is the relne6y: Partial re.
lief may, and doubtless will be found
in the construction of shir-canal
around Niagara Falls, and the open
ing of water communication from
the Mississippi river to the Atlantic
sea-board, via the lakes and St. Law.
renee. In my judgment, however,
the only way to give speedy and ef-
fective relief Is in the passage of a
bill providing that railroads shall be
limited to reasonable rates, on local
charges at least,
Has Congress the power to enter
on s1ch legislation Is there a ne
cessi,y? The Constitution declares
in express terms that Congress shall
have power to regulate commerce,
among the several States" and we
have eminent legal authority for the
statement that the right to regulate
commerce implies the right to regu.
late the means Of commerce and even
the persons engaged therein. We
should also bear in mind that rail-
roads, as means of commerce, have
come into general use since the form
alton OF the Constitution. Mr.. Justice
Miller, IN the Clinton bridge case, as
found in volume two United States
Circuit Court Reports, page $50,
says:
"Any means by which passengers and
mercha ndise are transported is an elemc mt
Of commerce.
'.This has been repeatedly held in respect
of navigation, and Congress has legislated
on the subject accordingly.
"The railroad, as much as the steamboat
is means cf interchanging persons and
properly. which interchange is commerce it.
"When railroads become porticns Of the
great hi shways of our Union, acting an inn
portant part in commerce which embraces
many States, to regulate them is to regu.
late commerce
''In this view Of the subject Congress has
passed statutes regulating steamboats,, their
'construction, equipment officers and crews,
prescribing qualifications or pilots and en-
gincers, limiting the number Of passengers
they may carry, and prescribing the sig
mails they shall use in passing each other
ip short, il has established minute code
for building and navigating those vessels.
The right to do this depends wholly on the
power vested in Congress to regulate csm-
merce, and has never been disputed.
Navigation, however, is only tne Of tie
| elements Of commerce. 1t is an element of
! commerce because i: affords the means Of
transporting passengers AMI merchandise,
the interchange Of which is commerce itself.
| Any other mode Of eifecting this would be
as much an element Of commerce as naviga-
| tion.'
"Another means Of transportation, equal
in Importance to the steamboat, has also
int sIn -.
was adopted, BY it merchandise is trans
ported az oss States and kingdoms in the
| same vehicle in which it started The rail-
road now shares with the steamboat the
monopoly of the carrying trade. The one
has, with great benefit, been subjected to
the control Of saluiary congressional legis-
lation. Is there any reason why the other
should not be? However this question may
be answered in regard to that commerce
which is conducted within the limits Of a
State, and which is theref,re neither foreign
commerce, not commerce among the
| States, it seems to me that when
these roads become parts Of the
great highways Of cur Union, acting an i'm
! portant part in a commerce which embraces
many States. and destined, as some Of these
roads are, to become the channels through
which the nations Of Europe and Asia shall
interchange their commodities, there can be
no reason to d,ubt that to regulate them is
to regulate commerce both with foreign ma
tons ana among the States, and that to re-
fuse to do this is . refusal to discharge one
OF the most impor ant duties Of the Federal
Government. As already intimated, the
shackles with which the different States fet-
tered commerce in their selfish efforts to
benefit themselves at the expense Of their
confederates, was one Of the main causes
which led to the formation of our present
Constitution. The wonderful growth Of that
commerce since it has been placed exclu-
sively under the control Of the Federal Gov
ernment has justified the wisdom Of our
fathers. But are We to remit the most val
liable part of it TO the control Of the States
through whose territories it must be conduct
ed, and to all the vexa,ions and burdens
which they may impose! And must all
this be permitted, because the carrying is
done by a method not tn ought OF when tue
Constitution was framed?
For myself, must say that have no
doubt of the right Of Congress to prescribe
all necdful and proper regulations for the
conduct Of this immense traffic over any
OF those lines of interstate co nmuuicatlon,
or to authorize the creation Of such roads,
when the purposes Of Interstate transpor-
tation Of persons and property justify or
or require il. :"
"And again, It is the power to regulate,
that is, to prescribe, the rule by which COM
merce is governed.
'.And while conceding to tae States the pow
er t. authorize the construction Of bridges,
turnpikes, streets, and railroads, in answer
to the objection that such concession to
the States would arm them with power
potent for evil and liable to abuse, it was
expressly said, that Congress may inter-
| pose, whenever it shall beemsd necessary,
by general or special laws?'"
IN 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 obv iously within its
terms, and the language Of the extracts