, 1874-01-21
compelled to permit the public to tso elr works. In
rccont argument agntrst tho validity Of tho Illinois

!
tor or without ono, alike liable for my atao of III
as' 1ssssps' ss psspGso fl s Ro 'Sa sa' @
ie' ReiaS' raSs iii n ih
charge OF tho ontnrnon carrier 10 sch Ra1f ho ron
s31 for h9f ;ow cS5y st a;sn ,s; lay
abnara thse Tug question Of tho power Of Congress
Lett s or Sa5r to +. sa to
cao tho right Of eminent domain, Is not involved Ii
ths pesea9e Of the bin rerore: II is, howevo. vel
United States TINT Congress may charter corporation
Witch ts necessary or proper inatteht for carrying
mont. II, therefore, Gonarcss should doom II nccos
n tho exercise Of It's powers ezpresay conferred
nes on s sSs9s
such commerce. Its power to do go would seem beyond
Tho Committee continue, "rba ,,bo,o o,cs,,on In,
recently been considered by The Supreme court b
Michigan IN ths case Of Trombly Vs. Humphrey, Audi.
opaoa %aas sss a15ea i 4 Ill sos,s
6y one Of the abeat juriss IN tho.country iJudges
Cooloy and We content ourselves with referring to Ii
Court, follows The power Of Oonercss to re9las
commerce e1sta independently Of tho means or ngon-
companies engaged in tile navigation Of our great riysrs
under State au but 1t has mover been Urged ti,as or
Ills reason the commerce carried by any of these
companies is beyond the control of Congress-"
IT'S ExrEDIENcY.
seaer as ss
Auestton Of inauguration BY rail tn all IA bearings
BY the great through lines in tic year is79,
probably ,one-thrd Of which was western
ao vital to tho interests mud rights Of the people Is
that some other interest md some other powor than
nooees nS se to- ana o. Of hsc
6y railroad slGald bo controlled md Regulated by !as
and control must 10 national lawe OF State 1ats Or
ne i hns bofn eaasa at stae egsaon i q
recommend rec mend, tho sllgh1esf onoroashment BY
Il s4s sasson upon hs shS s
Rsss g'ss ws wills 10 en- r.. 5st,nt ee fouPa "a in
be- sought in that direction but the propos}t1on that
ST. commerce cannot DO controlled and re9
great trunk lines through nes aa tay aso cacd
must be- regulated by nationa law or not regulated
ts & II TaS 1ss 9ss oR.,aSs ts t9sshts S@
In tho traasasion @ e thsr immense bustnsss they
tercd by soue a1l Of tho Status wosS territory
the travorae but they are to oil intcna and purposes
would 10 unconstituenal and void, because sD'1i It
s contded by tho Constitution exclusively to Congress-
Sa Nevada, Wallace, 81; Gibbons w. ogden, VIA.
ton 12 But aside frcm its uneoustitulionalty, such
legislation would DO intellectual Tor othor worry appa
rent reasons Let us suppose that the commerce to be
regulated oxtends lino from Council Bluffs, 1a
to Boston, hlaas and passing through Tie States Of
Connecticut, ind b1asBachusctts how Gun any rale 81
toa this ns b
didn't ht ono ruo hay sppy IL ono ststo %S e o %
s9a ~ &c isonasasttag rues night resalt. Il some
subject, what Is to hinder tho railroad corany from
liking It's own Eales. and arranging Its prices for
Surely viii not 10 prctcned thas sstute % Of Iowa
ean regulate the rate md duties Of common carrler
III Hut assn1 the most e0ncsvs q
Il tho regulation Of hose oag iinos belongs to tho
eaIosa SS aone they my ~ vol e % he
taror Of ther own people and against those Of other
statos Again, Il the lava Of dozen different statcH
o an n o 9s sa1a Of
questions these must arse Which sate shall enforce
is reputation To Low lnany penalties shall the cor-
rior 10 altbjected? In what and how many courts
shall ho b. anawernbe7 And, finally, If oDcdience 10
tho 1awa OF State IL found to be violation Of tic
These suggestions demonstrate lie proposition that
we have before laid down. that State control is simply
3@P9ss's,o ss3 r. atv W4le this l. trqe ere ed with
ed E wei b. he Ms1sls T.
af saeh ~ a % sae 'R %
freight from place to place within stato is clearly
within reach Of State laws, and Clearly beyond the
seope tx?p, 0f Federal legislation. A conflict bo-
Of the regulation Of commerce s clearly Impossible 30
Tae1y anu we'll have fathers marked out tho rig-
con Of consress-whcro the authority Of tho milton
begins, snd that Of tho st:so ends. The former
tho Internal commerce Of statc, aud tho power Of
such within s appropriate sphere Is aliko AMPLE 50
.nH as @ the question Of Ia concerned
railroad commerce shall 10 regulated Mt Mi Tho
Committee believe It ought to he md fbnt soonor
or later must be. aud they bolicyo nlao tat eyory
ycaEs delay tho part Of Congress to iuaerata Tia
The damages to he oycrted md evtla to be roncdc.
to rcgnlate commerce. 1t is not o1peilcnt ut
to to. .,,a exercise 1T. It to tho extent Of limiting
ready considered the question as to tho rower ia do
this, and have that is cloarly rceulntlon and
power within tho Sphere Of Congress- and no here add
without hcsltaton that we consider 1t not only most
hts commerce which stops short Of prohtLitfon Of
chnrges must prove altogether inetectrn
- remedy for existing evils. II Ia we'll ssttied
hat tue state can nut no limit upon these chafgeg.
:annot do ao and the OWL which Will result can w.
only by selashness nyarice, and cuniditS
which can exist In number of great cortorate
combining for their common interest, Ind
controlled By no law Whatever"
WISCONSIN.
Speeta1 Dispatch 10 Tas Chicago Tribune.
rHE TRANSPORTATION QUESTION IN THE 1Eu1s1ArUnx
MADISON, Wis.,, Jan. 2o.-There vas a lively dit
ussion in tho Assembly to-day over the following
eso]ution, odored by Mr. Sawyer (Rcform} yester-
lay:
Rcsolred by tho Assembly, the Senate concurr,ue.
hat BrcciA committee Uf FIVE th1cn nn e I'm rt ~