National Republican. (Washington City (D.C.)) 1872-1888, 1874-08-05


coSrRoL or nAmRoADs.
The power Is oven 70 Congress by the Con
5tftption ITO regulate commeres among the
several States, and Whatever ls NECESSARY @
execute the power must be Included IN i. y
sommerce cannot be successfully reZulated
without regulating the mcazs Of Transports
ton, the instruments BY which e Is conducted
then the power to regulate these must be In
,luded. OF course, this must be understood 80
applicable only 70 commerce among the sew
sral States, and not 70 apply 70 that which Is
exclusively confined to the Interior ofone state
Railroads have now become the Instruments
BY which the greater part Of eommeree Is car
Red on among the several States, and haVe, to
= great extent, superseded not only rivsFs and
canals, but also stages, wagons and horses.
There are few lines Of railroad now that IN
their connections and consultations have not
become parts Of lines engaged In eommsrce
companies, nkesteamboat companies, are char
tered ~ the states, yet, In most cases, they
are authorized TO form cancellations and run.
ming arrangements With lines Of railroad IN
other States, and 70 take leases OF roads IN
distant States. Most OF these corporations
own and control lines Of road running into Or
across adjoining States, and several ether own
or have leased Thousands OF miles Of road.
stretching far north and south, and half way
across the continent. These great lines OF rail-
way, thus ramifying the Union and affecting
the interests and prosperity Of the States, are
under the control Of small boards Of directors
IN Philadelphia, New York, or Baltimore, and
chiefly ruled By few leading minds that really
exert more power over the nation than Gov
errors or Presidents.
REGULATIONS SHOULD Re UNIFoRM.
Whether we consider the interests Of the
railroads or Of the several States through which
they pass, Is seems equally important that they
should be subject 70 uniform regulations,
which can only be secured by national control.
If the through lines from the Atlantic to the
Mississippi may be regulated In one way BY
Ohio, another BY Indiana, and Still another By
Illinois, they may become the victims Of un-
friendly legislation, and be greatly crippled
and hindered IN their operations; and each
State, acting for its own interests, may not
consider those other States, and may regulate
against them. II each State may regulate
within It's own territory those roads employed
In interstate commerce, We have reproduced
some Of those disorders and conflicts which ex-
listed between the States before the Constitu-
ton was formed. True, the railroad eompa-
uies derive their power from State charters,
but they must accept their franchises upon the
condition that If they engage 10 commerce
among the several States, they will be subject
to the power Of regulation which was vested 10
railroad charter was granted. l. Is hardly too
much to say that the several States cannot,
acting separately, regulate efficiently these
great lines of transportation, In which 50 many
States and communities are interested.
WHAT REGULATIONS ARE NECESSARY.
As to what regulations would be necessary,
Il would be LEFT 10 the discretion Of Congress,
subject 10 the restrictions In the Constitution.
These restrictions relate to the uniformity Of
the regulations; that is, that no advantage or
preference shall be shown 70 one State over
another. Uniformity ana equal dealing with
the people Of all the States are impressed upon
all the powers by Congress, so that they shall
not be used for the oppression Of one part Of
the country for the 1pbuilding Of another.
Cheapness and uniformity Of operation
speed, convenience, prOmptness and safety, ali
point to connected roads and through lines;
and these, throughout their length, should be
governed BY uniform methods and laws. The
railway interest Is 90 vast, and so Intimately
Affects the business progress and comfort Of
every community, that It Is Of the utmost i'm
portance, not only to the people but to the
shareholders, that 1t BE- under the direction of
general laws, and as far as possible blended
into harmonious whole. The supervision
and control OF Interstate railways by Congress
would give rise to q nUmber-Of regulations
looking TO the safety Of passengers, regularity
Of trains, uniformity Of operation, connections
inspection Of tracks, bridges and locomotives,
cars, &C., and in many other particulars tend
ing TO promote the safety, efficiency and deTel-
opment Of the railway system and the interests
and convenience Of the people.
COMMISSIONERS TO PREVENT ABUSES.
That It Is not possible for Congress to enact
general laws establishing uniform rates for
freight and passengers upon all the interstate
A. q To-
rates must necessarily vary on different roads
and In different parts Of the country. The cost
OF construction and Of keeping up and operat-
ing some roads Is much greater than others.
Upon some roads the amount Of business to
be done very greatly exceeds that on others,
and there are so many circumstances which
would make q change Of rates proper and ne
eessary, that we may assume at once that uni
form rates fos fFeigots and passengers cannot
But Il Sc 4ms to me to be clearly within the
power Of Congress, and to be practicable, to
establish boards Of railroad commissioners to
be vested with certaic powers 70 be governed
By general regulations, within which they shall
have the power 70 supervise and regulate the
rates for freight aud passengers upon inter-
State railroads, 80 As 70 prevent unjust dis
ordinations between different localities or
classes Of persons, TO prevent Combinations be-
tween railroad corporations and other persons
10 put up the prices Of frelghts or passenger
fares; 70 prevent railroad corporations from
taking advantage OF the obstruction OF lakes,
rivers and canals, by frost or by low water, to
put up freights and fares beyond what would
Be reasonable, fair and honest profit; aud, In
short, 10 prevent extortions and lmposltions oy
railroad companies upon the people Of the
country, however attempted 70 be practieed.
They should be required TO hold the scale
evenly and fairly between the people Of the
country on the one hand and the railroad CON-
panIes on the other, 50 that the railroad CON-
panies shall have the full enjoyment and pro-
lection Of their property, and be allowed to
receive such rates Of compensation as VIII
make fair aud reasonable returns for the capt.
tai, skill, labor and responsibility employed
these results TO be arrived at under such rules
as may be provided by law or adopted by the
boards Of railroad commissioners for their
guidance. The interests and rights Of all par
ties should be protected with equal care and
vigilance, the railroads to be len in control Of
their property as far as may be consistent with
public interests, and not TO be interfered with
BY these boards Of railroad commissioners ex-
cept IN clear cases.
the United States that railroad companies are
common carriers, as defined by the common
law, which, BY the common law, are required
to carry for all persons and at reasonable
rates; and the powers which propose shall be
conferred upon these boards Of railroad com
missioners are no greater or other than those
which now belong to the courts to regulate
and control common carriers, but would be
exercised in summary manner, so as to make
them efficiens in controlling the conduct OF
these common carriers.
HOW FAR THE STATES CAN 60.
Each State may regulate and control CON-
merce which ia purely internal to itself, and
all the railroads Transporting such commerce,
without Interference by Congress, and may,
doubtless, in the absence Of Congressional
legislation, make regulations for all commerce.
that passes across or over any portion OF It's
territory, provided such regulations do not i'm
pose burdens upon inter State commerce, and
make no unjust Determinations. But all such
regulations as affect Interstate commerce,
however meritorious In their character or In
tentions, must yield to the legislation Of Con-
gress. A State cannot be restrained in the
regulation of commerce which is purely In
ternal to itself, except by It's own constitution
or the prohibitions Of the Constitution of the
United States.
The recent decision Of the Circuit Court Of
the United States, sitting IN Wisconsin, that
the provisions in the constitution Of that State,
giving TO the legislature the power to alter OF
repeal the charter Of corporations, Is uecessa-
rily part Of every charter, Of which the cor
porators and all persons dealing with such
corporations must take notice, recognizes .
principle Of law 20 familiar and 90 obvious that
I am sstonished that the decision should be
received with surprise.
Il A.. r.-nar -, ~. -