Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1874-01-21
THE POWER OF CONGRESS OVER
RAILROADS.

Ind especially to members OF inc 'es"'
profession. we publish In full the tsls-
graphic abstract Of the report OF the
Committee On Railways ana
Canals, which was yesterday presented
10 the House with a substitute for the
bill to regulate commerce
among the several States. The COM
say:
without repeating Ia detail the pro-
OF the bill it IL enough Tor the
prc.ent purpose to say that IL asserts
the right and duty Of Congress to reg
Mate Interstate commerce rs carried
ON by railroads. aud prescribes, as one
Of the regulations thereof. that the
charges OF persons engaged In such
for carrying freight and
passengers shall. In all cases, be fair
and reasonable. Before a discussion
OF the details Of the blu In the Com.
mittee IL was necessary to decide Hrs:
the constitutionality. and next the ex-
pediency Of such q measure. First, as
to the Constitutional question : Among
the powers expressly conferred upon
Congress by tho Constitution Is the
power to regulate commerce with Tor
elgn nations and with Indian tribes.
In considering the question whether
under this provision Congress has
power TO pass the bill reported. IL
will DO necessary TO establish the fol-
lowing propositions Frat, that com-
merce among the several States,
which may Be regulated by Con-
gress. includes commerce carried from
State to State by railroads; sec.
ond, that TO regulate charges for
Carrying freight or passengers upon
Interstate railroads so asto limit them
70 what l. fair aud reasonable and pre-
vent e~xtoratlon, isa Legitimate exer'
else Of the power to regulate such
commerce. In support OF the first pro-
position the Committee cites Judge
Rsddeld on the Law OF Railroads ; the
opinion Of thu Supreme Court, de-
iivered by Chief Justice Marshall la
the case OF Gibbon Va. Ogden ; Judge
Cooley on Constitutional Limltationsi
the opinion Of the Supreme Court dc.
livercd by Justice Miller In the case Of
Grey vs. Clinton Bridge Company. no.
ported by the American Lac Register
January 9TH. aud the recent decision
OF the Supreme Court la the case OF the
State freight tax us Wallace, p. 232h
which declslons tho COMMITTEES re-
garded rs conclusive OF the question
and TO establish that the power VI Con'
gre.s extend, to all commsrcs which
conccrns more than u State. and that
IL necessarily Includes carrying freight
aud passengers from u State to ah-
other; it reaches aud controls that
ommerc which Is beyond the reach
OF any single State. because not com.
pletely Internal with any one State.
Tho Committee then proceeded to dis.
cuss the second proposition relative to
regulations Of tolls, aud In its support
cites Chief Justice Marshall In Glib
bons vs.. Ogden. The question Is not
whether such RI. ulstlon IL reasonable
or unreasonable. proper ar Improper.
or inexpediont but simply
whether IL ha regulation. II IL pre-
scrlbes a rule TO he followed In carry.
lug commerce, then Ii lsa regulation Of
commerce.. That it does prescribe
such rule Is plain. The rule here pre-.
scribed Is that In carrying commerce
upon railroads between points Ia dit
ferent States, reasonable rates may be
charged. aud not more. The power OF
Congress upon this subject has no Hun
itations other than those prescribed IN
the Constitution itself. This opinion,
II correct. as the Committee regard IL.
makes the power OF Congress over In
ter-Snts commerce co extensive with
the power Of the States over their In.
ternsi commerce, aud the right OF the
State TO regulate charges Oh railroad.
Within Its territory, the committee
considered settled beyond tue possibii-
lty Of dispute, and cite numerous de-
cislons OF State Courts. and tho recent
decision Of the Supreme Court In 10
Wallace. page G7S, all Of which rule
railroads to be public highways, no
matter by whom constructed, whether
by the Government or private corpora
tions, or BY persons. The authorities
upon tho subject are numerous and
uniform. and they leave no doubt ~
tn 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 dsclaratory OF COM
non law itself. Tic Committee say
the power Of Congress TO charter In
ternal railroads IL not involved In the
passage Of the bill reported. IL IL,
however, well settled by the Supreme
OF the United States that Con-
gress may charter 3 corporation which
Is q necessary or proper instrument
tor carrying into effect any powers
Of the General Government, and II, !
Congress should deem II
In tile exercise OF the power
expressly conferred 10 regulate COM
msrce among the several States, to
,hart.r nav lines of railroad, or canal.
IA cbannels of such commerce. its
,over 10 do 90 would seem clear, the
question being settled that the control
A railway company Is subject either
o state or National law. Tho CON-
then proceeded to give reasohs
Why State law 10 inensctual 70 conl'o,
srest .tunn nnes, iI nsynnJ II. hop.
-, ~. r,,Ia, NJ y,rlous Statea