New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-21
RAILRCnnH GRADUATION,
rar POWER OF CONGRESS OVER RAILROADS.

REPORT THE COMMITTEES ON haih"h'"
c,sIs-THE POWER OF CONGRESS TO rRs'ESi
rxTORTIONATE RATES FOR TRANSFORMATIONS
u,,crtssEp - OPINIONS or EMINENT JURIsrs
cITED-IHR ExPEDlENCY or EXERCISING Ihf
PowER-TnE COMMITTEE OF THE opiNioN THAT
CONGRESS HAS THE NECESSARY AUiho'ni' AZ"
SHOULD EXERCISE II.
w..u,ScToN. JAN 2O.-Thc following are the
main noins Of tho report submitted to the House OF Rep
rass,tatives today by Mr. McCrary OF Iowa. Chairman
Of the Committee on Railways and Canals;
The Committee on Railways and Canals. to whom was
referrcd House bill No. lao. bih 70 regnh'c Vpn
@ hv roi,roads among the several States, have had
the sxme under consideration. ana report 'ne sCvo
p,nying amendment thereto IN tDe naurr o Nnp''.
iute and recommend ts passage In Tue JunSnon. ..
the Committee the measure OF Legislation low -
IL 80 important to make proper 20 @
form NJ a report to tine House or some OF thr Voipi
grounds which 1t Is believed. not only JushS o'' ue
mand its adoption ,.,, ,oo ,,,o ,ro,t.,,ns a., the
hill il il enough for present purpose 10 sa} n't
asserts right and duty OF Congress 70
state commerce carried on by rtroaI IN" p Dts, ~
"A. one OF the regulations thereof tnIt Tue chsrgo' ~
persons engaged in such commerce TOT carr e lie
shall all cases be idr anu
or the detail, OF the bill do not speak mere oeeau'.
these can well enough be discussed eisc wbere su''
TO say that their purpose il land think them Wen
adaped 10 40 to adopt and enforce under sntsDlo Pn
allies ~ one OF the rules or regulatohs conooi"t.e
commerce carried on by railroads among the states tue
t,lng OF no more than fair and reasonable Toll OF 'on
ponsaiion Eeiore any discussion 81 heter The end
sary consider aud determine nrs,, ct ~
thus sought he attained 10y :, a.
oxpedieDt Let Us consider the-o quoS''"' ~ '
1.-The CoNsIGrUTIOs,L QUESTION.
A,oor, IN, mower, expressly conferred upon Congress
ny Section Article OF the Constitution. IL the power
| .to regulate commerce with foreign natiohs' anu
among the several States, and with the INDIAN uipos'
In considering tho question whether, under TINS prov
sion Congress has power TO pass the Dill rcpo'pn' II
will be unnecessary inquire to the nature ana eA
tent Of the power conferred 10y tn, provision upon
erea. will not be denied that TINS clause 81 tho 'ph
sutution confor- upon Congress, by cypress "oru,'
power lcgisate upon the general ia tct "t mo csu
ttiou cOmmcrce among the several STATES, IL i Nv"
negative provision 1t does not declare "hat pow
Congress shal not have II - not m.Ity pp
IL affirmative: IL declares that Congress ShI nav
power" BE- ia order 10 snow thai tHs provision V Wv
Constitution authorizes Congress to pass lne "i,, ~
ported IL Is necessary 10 esaD'h lhe iodo"hS pV'o
l. fh.t the commerce among tho several S,,es' -hch ny be
rSu, by Congress Hrnl' commerce c'f"ei IRON o'-'7 !" ~ "
Int r-gu,o She charge, Tor e,Tr's st % 80" ,
prevent eIortou legitimate exercise u The power 70
In",r uropos0n. are abindsntiy supported, both by
reason and authority. Tue term cOmmercc. - en-
ployed in the Constitution undoubtedly means ltrl
course and exchange both oi prr+ohs anu 'pct'S
tween different :, dtcs ana cOmnunue'. IL refers 10
the commerce ITSELF and not 10 int taf,Guar % G
~ winch IL il carried On could De- hril 10 a'nF 90
the latter and IT IL could he shown that tue cp'''u
toDa provision III question: was 'Vpn IT,, 'u ~, -
ton 10 commerce Ia ne carried On W lc n'''" i
existence wnen the Constitution Va, adopted ~! com
among the several states hiiSh c'o'ic
by abandoning entirely the yoblcts IN use III i'''
th, way tho piau provision 0i tho Constitution ISh
bo nulIed ii TIN, c0nsrucilon0 OF IT could pr nnetaieu
Upon THIS subject JLdg0 Rod1tid' III hln ao'V '' %
hiustivc work on tue la" o railway mas NJ 70 'H
The n,tgr mpor. and construction 81 tn p, - W.
IT, meac1g oi e word commerce At 'hr tine N '
vel understood IS er'cl irOh tho Lam '2"
,-r Jr- IL mean. in Intercourse ADJ
clans- persons ana commote leir non
traffic than with any other 'o1 ~ ~. in.o4ae gI{ "a
1re, n,rri divisions for have teep lore 90 4Il iLa.l
regulation o al sue former AMI td,' portion Of Cue i'r fhh 3
tent. che ' nj Sn r.i st' d IT, e Va o ,S he
existed Is obyou' that the pnpo'r he provisions "a %
carried on 70 the Sane nose vas on
-. b, snI boat nins,ii'n po,ei'' tts'a'.'.Y ~
been applet to TIA. large potion carried on 10y
steam poser abrl ms tre,a, ht'olar 'rt " " ~.
flci ubec o regulating a, commerce IN The 'lef
sn mruiiag a, the All appliance By @an Vas car
rei committed 80 Congress, ani na th,fe1r' ,a %
were 10 have 10 concurrent action ~ ts ia 70
the single inquiry slelher forms any portion Of he CONNIE"
| who svane to argue that Congress has no poser 90
,rsn we tne upon 1n uisa to ne .ae1 mu.. The,
would the question f'il' eshrf sl TIE tr,hc Oh Drs
Inca If amounting to man, millions aangt ~, pipha
""%@f ., 80. =, , "src a. ali a., If h@ j. moi
regulation control ~haieTer For Is sce.snn ue
the power e.pac, resuae 20 pnro',
o. ebnrnc .he state rsI"s, rc Il mus 'ae
control Of congress OF he ~ to s ON ie an
experiment e in other coln tdel4
| % Railway, rp 20. 49,
The report here cites the case or Gibbons agt Ogden
70 wheat, u. which it held that commerce II the
commercial Intercourse between nations and parts Il
nation. in all ia branches and il regulated by pre-
| .crlbng rules for carrying on that Intercourse"
The very que .on under consideration Is discussed.
and dccded by Mr. Justice Miller OF tue supreme Court
of the United states tho Of Gray act The Clinton
Bridge COMPANY, reported 10y The American Lar i'gis
Ter IN January. Ieos rron rue scIt ao ana V"o'"'l''
S,o1 /, only one % he elements Of commerce II
commerce because AFFORDS The me,' 81 un'torng pa
& % ul hi, wou De- as nne an ee.n Of commerce
navigation. ". ~ =. ' m ", w.
% he Is a. ample TO re .t- It IN She one cs,- m
~ ,the The commerce among the state SPOKEN tons
ton instrument aioPsi baVc been mainly Of
ih.s ensfacr tor the Steamboat Nhcn mas created our
| great internal commerce on tue Hf'r, vs. men IN
Ano~u An''het mrsu' Of WnspoAou ellh ,ip@,'ane