The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-01-02
CAV VIZ HAVE UNIFORM RAILWAY
CHARGKs .prAsT

Hon Samuel sheilabarger, Of OBJ Us
published letter in support Of Aas O' -, ~
intends TO introduce into tb' iAvrSe' .ei
tive 10 freight aud psaasssepser tariffs on raii-
wv. -, ,.,,,Sb "a creSaug much discussion.
~, 5o-eb l;-,,,,ts as to the necessity OF
uniform a Tstesi no difference Of opinion
,.assosrisr the unjust discrimination which
T prevails no discussion relative TO the
desirableness Of abOlishing this discrimlna-
ton ~ any power which can consultation
ally. accomplish the purpose, But very
Z grave doubts are expressed, first, asto the
power of Congress TO prescribe rates OF
COMM nsation, under the traditional decis-
ion that the roads hold inviolable charters,
and. second. as TO whether the article Of
the constitution, authorizing Congress to
regulate commerce between the States,
can be made to cover any Congress
ional legislation whatever affecting rail
roads. --.... -......... ......
MIR. shellabarger thinks that it can.
His bill is an amendment to the act Of
1866, passed upon the like assumption
That act authorized railroad companies to
carry passengers and freight on their
way from any State TO another State ana
TO receive compensation therefor, and to
connect with roads Of other States so as
to form continuous lines of transporta-
ton. The constitutionality OF this act
has never, however, been tested Mr.
Shellabarger's amendment to it reads as
follows: 4
Raj enacted Bv the Senate and House Of
RsDrsss1f1fircs Of GtS United States Of
dmsyfea. ~ Congress assembled, That the
CONDENSATION authorized and contemplated
by the second section Of the act Of the nj
teenth Of june. d3ao Domfai eighteen
hundred and sixty-six, entitled IAN act &c
facilitate commercial, postal and military
Communication among the several States,
for the several descriptions Of service
named in said section, shall be charged at
uniform rates per milelf0r the transporta'
ton of the same amount and description
OF freight, and the same description Of
passengers, aud way passengers and freight'
shall not be subjected 10 higher rates O
charge per mile than the lowest rates
charged by the same line for the same
service over any other part of the said line
and any person or persons who shall be sub
jected to, or demanded 10 pay, any excessive
charge in violation OF the provisions OF thi
act may recover from the party making th,
charge such excess 80 either demanded O
paid, together with costs and reasonable
counsel fees, in any court OF competent ju
that fka
this act shall not prohibit any common
carrier coming within its provisions iron
receiving Just compensation for the neces
sary expenses of lading and unlading way
freirhts: and propided morccrer, that tn,
provisions of this act shall not apply to al
common carriers in carrying passengers o
freights on their way from one State 20 @
through another State
II will be observed that the bill does NJ
propose to prescribe rates; but merel
declares that they shall be uniform $
that in its adoption and enforcemeI
through the courts, the question betwee
the roads aud the Legislature Of Illinois
the fixing Of rates-need MT be an issu
at all. Mr. Shellabarger elaiins that
Congress be competent 70 authorize ii
roads 70 pass through the States and {
receive compensation, it is competent
say that il shall be the same compensate
for the same service.
Among the legal decisions which
quotes in support of Congressional autho
ity in the premises, is that Of the case
CrNndall vs. Nevada, the questioninvoly,
being whether tax Of one dollar impos,
by Nevada upon every person leaving Il
State by railroad, was violation of Il
constitution of the United States. II
majority Of the Supreme Court decid
that the law was null; but Chief JUST
Chase and Justice Clifford, dissenting fro
the reasoning said that the act Of Il
Legislature levying the tax was inconsii
ent with the power If Congress- to reguIa
commerce among the States, and that t
judgment Of the court should have be-
exclusively on that ground Wheth
this indicates that the court would susta
Congress in fixing passenger and freig
rates, it appears to justify the suppositi
that Congress would be sustained in Z
claring that the rates shall be uniform.
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BECAUSE THEY CAN.