, 1874-01-21
TRANSPORTATION,
Report Of the House Railway
and Canal Committee
on the Mo0rary
Bill.
The Constitutionality Of the
Measure Fully Dis.
Cussed.
Legal Authorities Uniformly in Sup
port Of the Scheme.
Its Constitutiona1ity and Ex~
pediency Amply Set
Forth:
The Power to Prohibit Extortionate
Rates Is Vested In Congress-.
The Transportation Question in the
Wisconsin Legislature.
Proposition to Appoint a Special Com.
mittee on the Subject.
The Action Of the Roads in the Matter
Of Business Returns to Be
Investigated.
TN rNNarrsce
The Transportation Question in the
Wisconsin Legislature.
Proposition to Appoint a Special Com
mittee on the Subject.
The Action of the Roads in the Matter
Of Business Returns to Be
Investigated.
IN CONGRESS,

WARRINGTON, D. G., Jan. 20.-McCrary, Chairman
OF tho Committee on Railways and Cauals today sub
mitled TO tho Houao Of Representatives hs roport on
the Houso bill to regulate commerce by railroad among
tho several statos. The report says: Tho Committco
nave had tho eame under considerations and rerortcd
tue accompanying amendment thereto In tho nature
OF = substitute, and recommend its pasBago In the
Judgment OF tho Committee, tho measure Of eeialaon
proposed Ia 10 important Is to make proper state
ment in tho form Of report to tho House Of eomc of
tho principal grounds which, 1t Ia beloved not only
justify, but
DEKAND 1Ts ADOPTION
without repeating in detail tho provisions Of tho BILL
1t is enough for the present purpose to ssy that #
aert8 tile right and duty Of Congress to reRate inter-
State commerce - carried on by railroads. and uro
scFlbos as ono Of tho regulations thereof that tho
charges Of persons engaged In such commerce for
far rcazonabo Of the os q tho 1 b sos1e wa o pc
not speak hero, because these wo enough bo ts-
Gassed suffice It to say that thcr purpose
intotco under suitable penalties ~ one Of Ito rales or
re89laona concerning commerce. carried on by rail-
1oaos Among tile States the taking Of more than
or eompen.ation: '':' 'AA'''A''- io'1'
Before any discussion Of Details It is necessary to
conbiaef and determine, fret whether thu eud thus
sought oan bo obtained bya constitutional act Of Coz
gress and secondly, wheher If constitutional It il e1-
THE coasr1ru71osA11Tx.
~ "farsf-Ihe constitutional question. Among tho
Art Of tho Constitution is ihe powsr to ~ rcn%.ts en- Z
trb wa fGTgn nations S aaa with the a.
ported Will be unnecessary inquire 10 tho nature
and extent Of tao R1wes Gy ths provision
Constitution confes upon Congress by express words
the FEVER to egslae upon tho subject Of tho
ia not negative rrovaion il does not DECLARE whit
power Congress shall not have 1t Ia not merely pro-
hbitSry: It e affirmative. declares that congFess
THIS provision Of ths Constitution authorizes Congress
to 1ass tho bill reported, It Is necessary to establish
among the seyeEal States which may be- reaulatoi
to State ralroad1 j. That to regulate charges Tor
roads to Limit them to what is talr md reason.
sespsss spe snd II go%,r e1'oron y IA legitimate
Il support Of ho frs. propositfon' tic oen,-
=" cplnton q The Supreme Court delivered
Ogden; Judge Cooley on Constitutional Lilnita.
HonB y: opinion Of tho Supreme Court delivered by
ss G t. qsy nsy RI Tns one e
ths Supreme Court Tho case Of tue State freight tax
Royer q Congress- ito bil reported, than thst
gress ovsr Interstate commerce Is exclusive, The
power Ia ample whether 1t bo exclusive or not but It
seens to the Committee that the cited arc con-
power Of Congress u exclusive. The authorities cited
leave no room for doubt concarnng ts power Of Con
states which Il now carried On by means ct ratiross
They establish oonclusiyely that tho powor OF Con-
gees' eae exsnds to al commsrce which concerns
carrying Of freight and passengers from place In one
state to place in smother State. It reaches and con.
tro hat commerce which is beyond he reach OF any
snsls State because not completely internal with any
"The Committee then proceeds to dlaouss tho second
tn t-h-
1h support cites Chief Juatice Marshall In Gibbons vs
U8den Ihe question Ia not whether such regulation
11ped!ent or tne1pedient, but simply wheher it Il
regulation. Fit prescr1bea rlle to be followed III
carrying 1n commerce then 1t Is regulation Of co
The ru1e here prescribed Is that TN carrying on
unon railroads between points il different
ofe T5s s nay bs charged and
prescribed II tho Constitution laelt II the opinion
oon9re.s in the maer Of controlling and regulating
10 tso. over heif completely internal c coeree nmer
md II tbs power Of tho State over is commerce s
a1s sn IL tue
hat OF such atate, for power Of Congress bo lin.
tod ony by tbs power Of the Constitution of Tie
'harsos. OF railroads within its torrltory. riat
sts' IT," :u'A poMsr S,ss snsf ns
abroad commerce within It's u1nits ia not
ierixed from the fact that railroads chartered by
he State but 1t Ia derived from the fact that tho
ai'roaas arc public highWayu and therefore necrBaar
subject to Legislative control In tho recent caso
= oleott Hurorvisona ia Wallace, 61o tho Supreme
}ouft Ut the United st&tts rays that, 'Isailroads
10 question aroye whether gtates Hght Of eminent
lolnain could b exercised by private corporations
teatod Tor this purpose Of constructing railroad
1learly It could not: unless taking The law for such
'FEcae 'Es by such a. ngoaqy 4 taking tho lsw for
lowlere jistifes the taking Of property for
'rivate usc; yet It ia doctrine universally
ccepted that tho State Legislature may authorize
prVato corporation to taka d for tho construction
: 4 such road making compensation to tho owner.
Yhas eso doea this doctrine mean First, that tho
ulldlnB Of railroad, though 1t 10 built by priyate
IL I'LL act done for public use and this
eason why 1t IL for public use ts that suc road ia
nb!lo highway. whcshor nado by tho Government It,
o Or by tletF agency Or corporats bodieB by
Individuals when thcy attain their power 10 construct
fEom Legislative grant," A uumber OF deetsions Of
no Of thom was - foltoxs "Though the ownership
q railroad ia private, the use ia public, 10 turn.
ikoo bridges, ferries, and canals, although made by
laivduAla under public grants, by companies hre
agarded - publfe 5ar1s Tho right to exact tolla
harge froghts ID granted for service to tho public.
h4 QNUatD bA pftYAt& CDnpAuiG0. but thaY |