The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-02-03

terest may not consider those of another
state. The people in the several states, act
ing separately, would be less able to protect
their rights against the power of
GREAT CORPORATIONS
Which, by their wealth, Establishments and
natural power in the states through which
they pass would have undue influence in
controlling legislation or defeating the exc
cution of their laws. The states acting sepa-
rately can not properly regulate these great
lines of transportation in which so many
states are concerned The extent and char
ter of the power are left to the discretion of
congress. subject to the restrictions of the
constitution. They shall be of uniform
character, and no advantage shall
be shown to one state over an
other. The power 10 regulate commerce
includes the power to regulate the common
carrier and the public highway upon which
it is transported. Railroad companies are
common carriers, and railroads are public
| highways. Common carriers are required
to carry for all persons AMI at reasonable
rates. Is there doubt that the state in one
case. or congress i'm the other may determine
what are reasonable rates? A state can
make no contract with a corporation which
would restrain congress, however binding it
may be on the state. The power of rail-
road company to fix rates is but the power
ofthe state granted in its charter. Whatever
| franchises the state grants must be accepted,
subject to the condition that il the railroad
engage in inter state commerce it is liable to
regulation by congress. A state can not OBJ
struct inter state commercially direct legis-
| latiOn. or eXhorbitant taxes on freight or
passengers. What the state may not do by
direct legislation, il can not by charter or
contract empower a corporation to do. If the
state has uncontrolled power directly
or indirectly to fix rates, a neavy tribute
may be levied upon the commerce of other
states compelled to pass across the territory.
For at least four months in the year the
the commerce of Wisconsin, Mime
sofa, Iowa and Nebraska, and that over the
Union Pacific railroad, passes around the
southern point of lake Michigan in Illinois,
and it that state. in defiance of congress by
direct legislation, or through railroad COM
panies. fixes the rates of travel and trans
portation across its territories, it has vast
power for the oppression of the northwestern
states, which is inconsistent.with our form of
government. Zach state may regulate COM
merce internal to itself, and in the absence
of congressional legislation, may make regu-
| lations for commerce passing across the ter
ritory, provided it does not impose burdens
on interstate commerce or make unjust dis
ordinations; but all such regulations as af-
| feet interstate commerce, however meri-
torious in character or intention, must yield
to the legislation of congress. 1t is field OF
1
absence of congressional legislation, subject
to the conditions just named, and railroad
| companies have the power to fix the rates
| for freights and passengers in the absence
of restraining legislation by the state or
congress, except so far modified by the
principle of common law, that common car
riers must transport for reasonable rates.
WASHINGTON. Jan. %.
The morning hour having expired, Mr.
~ lta1sr ln1 - h. 11os~
and Mr.. Carpenter addressed the senate on
Louisiana affairs. He said be never
thought of Louisiana matters but with
mingled sorrow and shame. He differ
ed from the senator from Indiana (Mor-
toni as to Pinchback's having a prima
facie case, and referred to the lengthy report
of the congressional committee, Il ,04S pages
on Louisiana affairs. This report received
| the signature of all the members except Mr..
| Morton. 1t is too late now to talk about
seating Pinchback on prima facie case, as
this committee had agreed there was no legal
government in Louisiana, nor a legislature
there on the 18th of January last. He dis
/ puted the claim of Morton that the testimo-
ny was taken only in the case of Ray, Mr..
Carpenter contending that the proceedings
were binding upon the senate. The attempt
of Senotor Morton to rule out that
testimony, and seat Pinchback as a prima
| facie case, was certainly worthy of the in
| genulty of that gentleman. He (Carpenter)
| entirely concurred in the views expressed by
the gentleman from Ohio fThurman) in re-
gard to the Goldthwaite case, but there was
a prima facie case there. But on the 18th of
January last, there was no legal government
! in Louisiana no legislature to elect a sena-
tor. After quoting from the Robbins case,
| of Rhode Island, to show the law in refer
ence to prima facie cases, he contended
that that case proved just the reverfe
of the argument of the gentleman from
/ Indiana (Morton) although it had been
quoted by him to sustain mis- argument. He
reviewed at length the condition of affairs in
louisiana as shown by the testimony before
the committee, and said that part of his
argument was dry and tedious, but after
this he intended to
| WASH HIS HANDS
| OF the whole affair, and, therefore, would
lay before the senate the case in its absolute
nakedness. Then, if his Republican friends
in this chamber thought proper to take it on
their shoulders and march through the next
presidential campaign, he would bid them
| Joy. Laughter He then read from the
Louisiana constitution and the law govern
| ing the election returns, and argued that
the action of both returning boards, that of
Warmoth and that of Lynch. was illegal.
Warmoth had no authority to remove Bowie
as secretary of state. The vacancies exist
ing in the csnvassing board on the 14th day
of November, 1872, were therefore never
filled, and the only members of that board
were Warmoth and Lynch, and they voted
in different ways. so there was no election
whatever. Warmoth was in one building
with his board, and Lynch in an
other with his. The law. re-
quired the board to meet together. Bowie
was secretary of state all the time, but
by virtue of being candidate for office he
was disqualified from voting on the return
ing board. The order of Warmoth, re-
moving him as secretary of state, was of no
more authority than an order from the pres
ident of the senate removing Gen. Grant
from the presidency. Referring to the forged
affidavits from which the Lynch board made
up its returns, he said one little gentleman
with smiling face appeared before the COM
mittee and swore that he forged !, 200 affida-
Wits and delivered them to Bowie in open
board. Bowie said, "He was bell of
a fellow" and asked him if he
could not get some more. He replied, yes,