, 1874-01-24
THE RAILROAD QUESTION.
Power Of States to Regulate
Commerce.
a Legal View Of the Matter.

| !lupoEtHHt u iuo 1uE4AtE3 tub UlDTCnA1t, [HC
manufacturer, and tho capitalist, is TINT which
III now bclng investigated In nearly overy stntc
and by various tribunals tho power Of statoH
to rogulato commerce, and tho extout to whiol,
thoso regulations may DO carriod.
1eailrond. d.oorporatlons aud railroad.mouopo-
lies hayo become 40 widespread aud 10 deou-
rooted in cur lind as to wield power Tint
is irroaisliblo. Holding up their superior means
| for commercial intercourse tloy have uprootot
and supplau.cd oil other moapB Ut commuuica-
| ton, and
wnEsTED FROM TlioudrTLEss rEorLE
granta Of power which hayo mado thom what
thoy nro; aud to-day, resting beneath tlo pro-
teotion that Is thrown around thom by tho old
aud well-fouuded doctrine Of tto Dartmouth
College case, like King George, they ouact thoir
rules aud laugh at thoIr har]ahips.
But tyranny oannot long 60 tinfottered and un-
chained. Our ancestors patiently boro tho yoke
Of British thralldom mud tyrannio sway aa long
as 1t was ondurablc; but, when tho tax was laid
upon tea, and the rights OF women woro thus
ctlrtailod luis was tho most unkntlost cut of
all" and proved tho blow which led to American
independence. So, IN this case, wo
| hayo submitted to tho frauds Of rail
! road-uonopolos; but, when our in
land towns arc ruinoa by tho superior alvan-
taBos which town possossos having competing
lines. aud whom Senators mud editors arc allowed
to trovol FREQ, for t1n influence thor position
commands, thon havo railroad-corporaIon
struck vein that runa too doop to bo healed,
and 4 chord whose vibrations must bo hoard.
Tho pooplo are awnio; they cry out ngaiust
these abuses, and demand laws for tleir proteo-
lio1t. But, iii response to tilsr call. wo hcar il
said: "Tho Courts will decide in favor Of tho
people IT would, y says scnator Whiting,
position to decide against tho powor Of tile
Legislature to Jt1 rates mud another adverse do
ciaion Of tho supreme Court would create au
agitation among tho people TINT would be do
and m assertion too wild to DO believed by a,1y
man. The duty of Judge fs to decide
IN ACCORDANCE WITH THE LAW,
md not with popular opinion whom s,ich Ia ad-
verso to law; aud VIC trust that in tho FUTURE ~
In thu past, this principle will govern our cpirs
case, thon is there no safety in any net, aud no
right, however sacred, OF Which we cannot be
deprived.
Ilo power Of state Legislatures to regulate
commerce is q limited one. While it is conceded
hy all that neutrality-suspicious. arc subject to
tho police-power Of State, mud to tho power Of
onnont domain; aud TINT, under these powers,
certain regulations n,ny be male,-yot those
apply only to thut class Of oages where 1t B net-
essary for tho protection Of individuals in tllor
persons and property, and to tho taking OF tho
franchise for. public purposes, aud not to an
ndiroct regulation Of the rates that may bo
1t is also conceded, by the weight Of authority,
that the law
WAS CORRECTLY CONSTRUED
in the case abuyo cltcd aud that tho charter or
act under which private corporation il imcor-
porated is a contract between tue Hluto and tlo
Corporation which cannot bo alto1ed or anaundeJ @ I
unless tho power to do so III reserved therein, or
by general laws of tho State existing at the t3mc
Of its acceptance, aud which arc . nart Of tho
contract; See s, oooeys constituioual L'mita
but II is claimed BY innpy, that, in
the ease OF rho Ghicnro 4 North-
wostorn Railway Company VI. Darius T,sl]ar.
lately decided IN tue Supreme Court of the
United StatoB, tho Court have discarded this
floctrinn lint let ia sce 1,hc Tonrt saw.
- THO power 10 regulate commerce III vested in
Cougross, and YET certain regulations nav DO
by tLe States which, will bo binding
until Congress- seos fit to act." Tho Court OK.
pressly says; I'm this ease no attornpt il
it is mere police-rcgulatiou.'' lilo cascs
then cited aro cases only affecting tho |
pollco-power. " Tho Wheeling bridge was de- |
carod nuisanco-18 Howard, 4JU-bccause
Congress had regulated tho Ohio River" In |
this case II was not claimcd that tho law Of Iowa
'vas ONO which interfored with chartered rights
BY impairtng the contract.
In WOW Of past divisions, thon, re can look |
for no fundamental change in the law and l |
submit tlat
NONE II NEEDED.
put that the Inv is nov suIliriont If e,forcoa
Iail,oad. corporations nre nriynte cor,,orot,nna
:roatetl for u bubble purpono'--tho nnhjin ra,y,
md aro vested, by law and their charters, With
ary to ouablo tlom to carry on thsr fmnnt;oma
md to accomplish tic object Of thoir fnrmnt;nn'
ike individuals, thoy ara subioct to thn ln,v
nj to ia isrfana nr5 liz tIo.s 49," =" sno -"
ts cbapre 1A,t M thnra nro r;rl,tu ~ 1rf;n" |
Individual cannot be denrlVad ao % 4 ~
,ith private oornorations. tfoaa ~ r;r,,ts ~ 20
re yastod richta ami ,sv;t', ao11 tha i'Emss Sara
,oratlon arc those to which it ' sncceods
y All acceptance Of it's charter. md nnder t%o
aws then IN forco It il .o
lat tho ia in forco 1T liz t;na IN p'e,Ple
Made ~ Wv 'AA''' sno eoA'i"c''7 Id
rsrrna ruro rr,, ,o.r,. nm
md becomes nart thoroof @ Hni1i ~ nr,u,
= 1aw r. mh;ei, :. ~ ,n'ta aatu tn"s tue repeal
- ;,fr;"oonent hn ~ H. cGn.racs CONSISTS 1s
n 4 ia.er rnse Matthes o'ss..u''1n ~ ~, aha;
ii M n mo-. toIa thl ,, ~. oooh; ~
'@'t ~ - n.' AcA %AAs %Ao ltPcN O1 |