, 1874-01-28
tho Fronoh spolatlon claims. Placed On calon--
dr.


Mr. MORTON moved that the Senate proceed
to tho consideration Of lilo resolution offered by
llm few days ago, providing for creating 4
Commission Of 1lvo persona to examine and TO-
port to Congrosn what Legislation Ia required In
regard to Interstate railroads; to provide for
cheaper transportation for tho aafosy and COM
fort Of pRssotgors; for tho reform Of auses,
and to promote tho general efficiency Of rail-
onco Of the travelling public.
Mr. Morton addressed tho Senate iu fayor Of
hla resolution. Ho said tho Constitution de-
c'nres that Congress- shall hayo power to
Tho Supreme Court In tie several dectsions hns
doined commerce to comprehend intercourse III
we'll nB traffic, passengers RH we'll aa 1nerchal1-
dlse. Commerce entirely within tho limits Of
ono State is not within tllo moaning Of the Con-
must DO exercised wheroyer commerce oxists.
and this rowcr must operate upon thoeo engaged
III itB prosecution. 11ie power to rogulnto md
govern tho whole includes tho powor to goves1,
constituent. parts. Tho power to regulate COM
morce Involves tho powerto rogulate tho means
md i1,a:rnmh,';. tca by ~l,ioh it In carrled OIL.
Without this 1t could not DO executed. The
ta!ns not more to wator thn,l to land transporta-
tton. Tho latter Is d part OF conimo1ce. Cou-
gross Inns mndo regulations Of every kind
ovor tho construction and management of
broad principle that tho power to regulate COM
lnerco included the power to regulate tho i'll
Btrumonts Of commerce. Congress- has l,o moro
power over navigation than over railroads aud
railroad tr1iln engaged in inter -Stato commerce.
Tho power attaches to the instrument, whether
natural or artificial. Tho control Of Congress-
oVor Interstate railroads should not go beyond
such regulations "a arc for tho general i'll
toreat M OF commerce, and affect as little aa pos
hiblo tho exercise by corporations OF their pow
era conferred by State. and THO control by each
State over railroads within it. This power is
distinct from tho taxing power, and doos not
intortore with tile rtght ot railroad corporations
or stoctaolders. Iailroad companles m1'Ht nc
il they engage iii Interstate commerce,
they will bo subject to tho pow
or, vested III Conetosa before any
railroad ch9rtor was granted. There is aa much
upon Interstate railroads a. upon navigable
waters If through linon from the Atlantic to
tho Pacino may be regulated lii ono way by
Ohio, in another way by Indiana, md another by
logisation and each State, acting for it's own
interests, may not consider those Of other
States. The people OF the several States, acting
separately, would be less able to protect their
which, by their wenlth. blandishments, and
natural puwer III tho States through Which they
pnsg, would have untluo Influence in controlling
legislation, or defeating tho execution Of thoir
laws. Tho States, acting separately, cnnlIot
portation In which SO many States arc
concerned. The extont and character OF
power arc loft to the discretion Of Congress- Rub-
ject to the restrictions Of the Constitution that
they ahall 10 OF uniform charactor and no ad-
vantage Bllall be shown to one atato over an
other. The power to regulate commerce ill.,
cludes tho power to regulate tho common carrior
md tho public highway Oh which it is transport
ed. Railroad companies are common carriers.
and railroads are public highways. Common
carriora are required to carry for ai persons aud
ut reasonable rates. III there doubt that the
State In ono caso, or Congress i'll tue othor nlay
dotnrmino what aro reasonable ratos2 a Stato
would restrain Congress, howovor binding il 1nay
bo on tho State. The power Of tho RAILROAD
Company to fix rAtea in but tho power OF the
stnto gzansed IN It's charter. WhnteVer frau-
cHsoh the 9ta'o grants nuat DO ae.
eeptea suplect 20 'no e1nus1aon 9nt that
sho la!1uaa engaSo ~ alsos-o!aso conHnfce, e,
~ ~ lIn4o ~ ~ uato 4 c. ~ - n.ato
cannot obstfact inser-otato commerce py d'secs
losisiatloh' or eXoIoltant ta8 oh 1legnt OF pas,
sengea Nnas .ne Ste'o S charo may ot 10 py ec'
lesisiatloh II ca.os ~ enH9eoI f., or Suntrhot e1n
power corporation to do. II tho state ms un'
controlled power, alfectly Or indirectly, TO Tux
ratos. neaVy tn9uto may DO ioYlo1 upon tho
commerce oi other stateh o eoompol!oa @ 10 paaa
across lts terrtofy, 1oi ~ ieas1 Iour nlohtia IL
the year: Iho commerce OF Wisconsin, AIN
| hesota, Iowa, ano Nap9a6Ka, Rno 1nSt over tne
Union racine halfoaa passes around tho south.
nln polnt OF Lake Mlen'gsn, IL unuo's. ama II
| -
log!sint!on, or through fa1lroau companies hxes
rates OIL tIa!ol allu transportation acIobs lta ler-
ritor1es. 10 mas vast power 81 iot tho oPpfes-
slon o. tho No1th"estsln ota1es WHICH IL
inconsistent VIII our lorm OF government.
Eacn state may rogulase conaaofco s ma antornaLto
itself, anu, III tho Absence OF congressional log
islation, may nuke mako regulations for com.
| Merco passing hcTos8 ltb tert1toty, PROVIDED II
docs not impose 9ufaens on interstate com.
norco or mako unjust dlsorlm1natlona; but oil
huch fogulas:o!ns ~ a9ec. nloa.o.ata colnnle!ce'
however merls9rloas ~ ensfae.er Or mtqnt'on.
must vieM 20 1oelsla1on 81 congress. " ls
tietu OF ltlfiedic:'oh thht otates may occupy IN
the absence OF congressional !e6'g,atloh, snp]oct
to the condiHons JUST hamea. ne han[oao cem.
pnn1e8 nave tue power 10 TX fates 1or lEelgn1
md passengers IN tho absence or restraining
lesslatlon ny state or congress. except 20 lar af
modified NY !ho pfihclp!e o. common Jaw, tnn'
common curriers' must transport 1or Reasonable
rates.
e,,,nI 9aE FINANCE hEsoLpTIoN' sItL l9 ~
All. shENMAN M moved t!as {ne aenate pro
ceed with the a'scusalon OF tho FINANCE fesolu'
tion.