Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-10-02
THE HERALD.
MATT H. CARPENTER.
Continued from First Pdge.)

can be maintained, tnaJ congress
may not regulate transportation on
land, as branch of inter State com
merce. The principle is, that the
power to regulate foreign commerce
includes the power to regulate navi-
CATION, because it is a part OF such
commerce, an fundamentally employ
ed to facilitate intercourse with for
eign nations. And it cannot be deni-
ed that the power Of Congress to reg
ulate commerce "among the several
States" includes, for the same reason,
transportation by railroads. And
the power of Congress over inter
State commerce, and over Transport
tation by rail, as a part of that com
merce, being supreme and absolute,
it devolves upon those who object
Alat Congress cannot fix a tariff OF
rates, in all cases belonging to inter-
State commerce, to point out the
particular provisions Of the Consti-
tuition which prohibits Congress from
so doing No such provision can be
found
In all the regulations Of foreign
commerce, nothing has been deter
mined in regard to the rates OF
transportation and it may be said
that the absence of such provision
raises resumption against the pow
er of Congress TO make such regula-
ton. But it is manifest that there
never has been, nor can be, any ne
cessity tor limiting the compensation
for transportation upon the high seas.
Any American citizen may build a
ship, and, by complying with The acts
Of Congress, may register it, and pro-
cure license clothing lis vessel with
a national character, and send her
out upon the high seas. This Sc
cures ample competition, and there
never can be any monopoly of the
carrying business of foreign COM
MERGE; and hence nonecessity for gov
ernmental regulation Of prices.
But every railroad is, in the nature
Of things, a chartered monopoly. To
build and operate road, and demand
and receive tolls, is a provocative
franchise which cannot be exercised
without a governmental grant. (See
State vs.. Railroad Co, 25 VT, APP
Competitor, to certain extent,
may be secured by means Of differ
cnt lines Of road, so long as they can
be kept in separate hands. But the
laws Of the several States render so
easy the consolidation of companies,
that whenever one road is found to be
a rival Of another, and to afford to the
public actual competition, they are
united, and thus competition ends.
And even in those States where con-
solidation of corporations is forbidden
by law, IL Is still competent for one
man, or a particular set of men, to
purchase a controlling interest in the
stock of each company, and thus con-
troll the operation Of both roads, and
so practically destroy all competition
Hence the necessity and propriety Of
regulating the tolls to be demanded
upon our inland commerce, which dc
not exist in regard to commerce upon
the high seas.
But, from the fact that railroads are
enabled practically to absorb all tn,
internal commerce of the country
there arises another argument for, Of
or rather another illustration of tn,
proposition, that the power to regu-
late this transportation is in Con
gresS. The end to be accomplished
by lodging this power in the Union
was 20 prevent particular State from
leVying burdens upon commerc'
among the several States"
Indiana lies in the path of all COM
cree between New York and Illinois
Iowa, Wisconsin, Minnesota, and the
tar Northwest. Now il Indiana car
build railroads. which, from their verJ
nature, drive all other modes of trans
porAtion out Of use, and levy just
such rates as it pleases, or authorize
ito corporations TO do so, and if it be
aot in the power Of Congress to in.
terferO and regulate the tariff to be
charged for such transportation, then
notwithstanding the Constitution Of
the United States, IL is StiHin the po1C
er Of Indiana to leUy contributions up,
on all iCestern commerce to her hearts
content, the very thing the Constu.
ton was designed to prevent. She
may fix tariff Of rates so high that
one-half Of it will compensate the
carriers and direct the other half to
be paid into the trersury Of the State.
An argument which leads TO such O
results, an argument which maintains
that the absolute and sovereign powers
oil q government cannot accomplish
the very end for which they were
conferred, must be unsound.
The thing which is TO be preven-
ted, and TO prevent which this pro-
vision of tho Constitution was adop
ted, 10, one State levying contribu
ton upon the commerce of other
States passing through such State.
The form in which State may ac-
oomplish this result is of no conse-
quence. 1t is the thing itself, with
out regard to its form, that was re-.
ESrded asan evil, and design TO be
prevented by comforting this power
upon Congress. The Constitution
secures results, deals with things, aad
not with mere ideas and distractions.
Bronson VS. Kinzie, l Howard, 317,
31s.)
The result which the Constitution
was designed to secure may be- &C
complished by such laws or forms of
enactment as may be necessary for
that purpose; and laws may be
changed from time to time, so that
admit all the mutations of society
and the ever-changing methods of
business the desired result shall ALL
ways be realized.
II this power does not exist in Con-
gress it is in the power of Indiana, or
any other State over which the com.
merce of sister States has to be trans.
ported, to fix such q tariff of rates as
TO deRtrOv auoh ~ ~, ~ ron