Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1874-01-22
FREIGHTS AND FARES IN
CONGRESS-.

of n report made to the House OF itep-
resentatives by the Committee on Rail-
WAYS and Canals. The question OF
Legislative control OF the subject of rail
way transportation from one State to
another is regarded from that constitu-
,ional provision which places IN the
hands Of Congress the control of COM
Inerce between the States, aid the con-
riusion is reached, inevitably, and OF
course, that the power to exercise such
control rests in Congress. This Is the
National Idea-centralization, if one
pleases to call it so-and 1t Is not to be
denied save upon the State sovereignty
theory. The principle is as SOUND and
IS necessary as the principle whose eX-
.rcise asserts the national authority to
coerre into allegiance q secesslon-at-
tempting State The germ OF the prln-
cfple is the right OF the sovereign gov
eminent to protect its citizens. Ii Is
co-reiative with the right OF eminent do
main. The carrying-out Of this idea is
.he assertion Of the logic of Republican,
ism. The industries OF the people must
be protected. i standard of weights
and measures; the sole power of coin
age: the power of declaring war and
making peace. these are powers which
are inseparable from the organic func-
ton of guardianship Of a system OF IN
Accommodation between the States.
This must be kept perfectly within Con
..ressioual control or it might fall into
he power of designing persons to crlp-
ME States and strike harmful blow at
the national government itself As post
routes the railroads come under Congress
sional control. Whatever becomes
system and therefore part of the ma
chinery of the general fabric must be
subject to the central authority As
with regard to the railway so also with
regard to the telegraph system The
underlying principle is that these sys-
tens. so interviewer with the very life Of
TIE Republic. should be under the own
ership and control of tine government
These things are approached by gradual
parallels The impellins power which
forces the conclusion arrived 1T by this
Congressional committee is this under
lying principle touching the scope and
volume of national authority. The logic
ot the matter Is merely held in allegiance
the while that Congressional control OF
freight prices is substituted for govern
Ilent ownership of the railways them
selves. The generation after the next
viii wonder that il was IS late as the last
quarter of the Nineteenth Century be-
fore the government was placed ii pos
session of SO vital n function of itself as
the carrying system and the system Of
news transmission. But. to the matter
more Immediately under discussion.
Here is the last half of the said epi,om-
izad report:
The Committee then proceeded to dis
cuss the second proposition relative to
regulations Of tolls. and Ill its suppor;
cites Chief Justice Marshall in Gibbons
". Ogden. The question is not whether
such regulation is reasonable or unreas-
enable. proper or improper, expedient
or inexpedient, but Simply whether it is
a regulation II II prescrIbes rule TO
be followed III carrying commerce upon
railroads between points IN dlttt rent
States. reasonable rates may he charged
and not more The power of Congress
upon tlis subject has no limitations
other tnan those prescribed In the Con
stitntion itself. This opinion, if correct
as the Committee regard it, makes the
power of Congress over Interstate com
merce co-extensive with the power of the
State over their internal commerce, and
the right of the State to regulate charges
on railroads within its territory the
committee consider settled beyond the
possibility of dispute, and cite numerous
decisions of State Courts and the recent
decision of the Supreme Court In 16
Wallace, page 61S. all of which rule
railroads to he public highways no mat
ter bv whom constructed, whether by the
government or private corporations, or
by persons The authorities upon the |
subject are numerous and uniform. and |
they leave no doubt as to the right TO |
limit by law the charges of common
carrier to such as shall be reasonable, for |
they show clearly that such law is simply |
of common law itself. The |