Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1874-02-19

GAGi00ty WY W Nosf sSseSt -
question was directly involved and
squarely decided In the case from
which we have just quoted, 1.-THE
State Freight tax easel, the language
OF the opinion Of the court. II then
there is any control or power OF reg
ulation over traffic upon through
lines of railway, 1t must be soughs
for exclusively in Congsess. Unless
we are prepared 70 say that one OF
the most unlimited and over
whelmIng monopoIies 1t Is possible
to conceive OF, after 1t is once In OPP
GRAFTON; may safely be committed TO
the impulses Of It's own selfish In
stincts and interests without any
supervision or control whatever, we
may demand the interposition OF
Congress In this matter.
So far, we have given Judge Red
fields ideas In his own words. Our
space will not permit us to do this
for the rest of his article. He next
discusses what IL is that Congress has
right to regulate AZ commerce"
He decides that the power OF regula-
ton Ii the same as TO railways and
ships and vessels upon the ocean or
Interstate waters. He says that
Congress has clearly the right to reg
ulate the number of hands upon a
train, its brakes, rate Of speed, etc.;
sin short, there is nothing affecting
the conduct Of the entire business Of
through trains upon railways, which
the enactments Of Congress cannot
reach" He examines the power OF
Congress to regulate fares and
freight rates. He says he ID not
aware that any fair doubt can be
raised as to the existence of that
power. He shows that the power to
do this unlimited: that like the Par
lament of England 1t has the power
If 10 chooses to use 1t to establish
rates that will annihilate the bust
ness OF any or all existing companies.
He says that as to any subject like
this Of regulating commerce, where
exclusive and supreme legislative
power Is given to the national legis-
ture, no one can show that that su-
preme power of legislation is not
equal to that of any other nation
whatever. Once fully granted by
the constitution 1t Is as omnipotent
a power as the power Of Parliament.
He considers the objection often
raised to the exercise Of legislative
regulation of railways, that charters
having been granted to such roads
allowing the companies to fix their
own rate of fare and transportation,
that right Of the company cannot
now be interfered with without in
validating a contract. He deniesthe
validity of the claim I'm the case, but
he shows that IL cannot be set up by
roads engaged in interstate COM
merce, because the Constitutional
provision prohibiting the States from
passing laws impairing the obligation
OF contracts Is Limitation only upon
the State; not upon the power OF the
national legislature or government.
Further: 1st. Because such inter.
State companies have no charter
franchise for any such business, nor
can they obtain any such franchise
from any other source except Con.
gress-and if they enter upon such
service they must do II subject to the
unlimited supervision and control OF
Congress, secured to Ii by the ex-
press provisions of the national con.
stitution. Cd. Because whatever
exclusive franchises State railways
may have secured by State legisla-
tive grants, must have been accepted
by the companies, under the express
knowledge and consent that such
franchises were to be, and must for.
ever remain, subject to the lawful
control OF Congress in the regulation
Of Interstate commerce. So that in
no view can these corporations claim
from Congress that exemption from
control which some State Courts have
allowed them.
In conclusion Judge Redfield gives
II as his earnest opinion thatthe only
solution of the transportation ques-
ton is for Congress to take hold In
earnest and pass laws regulating and
controlling it. He has no faith In
the peripatetic windy Window
Cheap Transportation Senate Com.
mittee will do anything worth the
doing. And it is noticeable how
fully the general recommendations
he makes as to the policy proper to