, 1874-03-06
THE RAILROAD QUESTION.
congressional Control Of Railway
Regulation.


ELwAprn, Ia Fob. ~, 1874.
To the Editor of The Chicago 7+sbnne:
b1n: Wh'lop public attention Ia turned towards
railways, md everything TINT rolatos to thoir
management md control Is Of public intorost It
may not 10 considered inopportuno to inquire.
IN tho light Of suicidal decisions, and upon prln-
c'ple, how far llle law-maktng power Of stntos
anu TUG Nation can 60 III regulating and control
ling tieae enterprises. And 1t nny properly ho
said that railways nro not chnrtorod primarily for
sno pehonE OF ther stockholders, but rathor for
THE nEsErlr OF THE PUBLIC
VINO arc to uao tliem. They are public high
"ayh, TO DO used Tor purposes Of travel aud
traiic. upon fair and equal serms by all cltizons
who choose to use them. Thoir ownera arc in
law hold to bo common carriers. and 1t is we'll
settlod that they are bound to carry all who an
ply, unless thoy have \ reasonable excuse for
the refusal to do so. And legal writer Of
recognizoa ability has recently Haid: "It In
conceded, we bolioyo, upon all hands, at tho
proscnt tmo, that all railways which be-
como common carriors are bound, by tho rulcs
OF tho common law, to carry for all who app1y.
for reasonable compensation, aud to mako no
unreasonable or unjust discrimination among
those who dcsiro to employ them."-J,sdgc Red
field, in The AMERICAN Lat0 Register for Janu-
a'y, 1871.
But, while this is truo, without any doubt, 1t
yet fact that there ia groAt difficulty In
aacertafning what reasonable compensation iB
Tho managers Of railway companios will uni
tor1n'y Bay that their rates are reasonable and
just wlitlo, perhaps, their rates are double ut
non-compoting points. A judicial inquiry as to
what are reasonable ratos would DO controlled
by tho evidence offered, and would probably
NEVER DE TWICE AL1EE
1t IL very evident that tho fixing OF rates can.
NOT % lets to rnilwoy-managers, bocause,
although their ratos arc often fair and just,
they arc worry ofton unreasonable aud unjust.
1t lott without control, they can place tho rato
80 high that tho producer will hnyo but little left
for h1a labor and capital expended.
What BhaA thcn be done? Shall no say that
railway companies aro beyond tho coutrol Of tho
people, and That thoir own will and discretion
shall be tho measure OF thoir oxnctons upon tho
tS2o sn aiIa 'ravet t n tue oounsry' No. indeed
companies are persons, artificial persons, and,
as such, suojecs to tho laws OF tho land. But
tue RAILWAYS ESy h1yo. 80 far,, .outrun. 'ogiBla-
tSn oo eh d' sea s E'Fhsps sps as;a,On hid on
affecting railways as boen mainly that Of staton
alone. tile railways hayo bcon consolidating and
lonSthoning, until nov 1t is not uncommon for =
single company to control from 1000 to 5000
I.
a-dozon States.
srArE LEo1s1AT1ox CANNOT CONTROL
tlcso lonethencd llnos; for, rs Judge Kodield
says, III tho article quoted from above, "Whon
tho question colnea to be finally examined,
from legal point Of Wow, with references to
our complex system Of government it will at
onco appoar Tint tho Stntos have no power to
chartor or to build md control railways, except
within their own limits, and for the purpose Of
dong busincsB within tho State. THO moment
nuy hphwny 1r1,ntbnr for ordinary trnyn1 .,r fct
railway transportation, is carried the line
Of State it ccasoB, oven az all Incorporation
to owe any allegiance to tho State where Ii
oi1ginntcd."
ii this bo truo, thon stato legislation canno.
rcmedy existing evils. It can only regulate
within harrow limits traffic within tho state
wiilo tho articles to bo carriol-lilo wheat, corn
or pork-may hayo to be carried through d
dozoa States, zach one OF wlcl, lnay have difror.
ent laws applicable to transportation within Its
| borders: statc legislation ls subject to great
1luctuation,-t clangos both wise and ofherioisc
But, ever 30 sound mud judicious, it can.
not control Interstate Traffic. The Stato-liue
| is it's boundary, for better or worse.
But there is power that Inns full aud exolu.
slvo control of trade and commetce among the
several States nnd that power
RESIDES IN CoNanEss.
We may like it OF not, it Ia immntorinl which,
there, by tile Constitution aud Iy judicial decls:
ion, tho powor belongs. THO Constitution pro.
yidcs that "Congsoss ahall llavo power to rogu,
late commerce alnong tho several StAtes." Chiof-
Justice Marstnll, III Gibbons Is. 0gdc,s oh
lphcGton, l, commenting upon this clause of the
Constitution, ,::Bays: "Cominorco undoubtedly ls
traffic, but It is something more it III inter
course. 1t describes the commercial intercourse
between nations and parts Of nations, In all its
for carrying o,, that interconrse." And nj. Jus
tjce Strong, delivering the opinion Of the Sill
pramo Court OF tho United States in the case OF
Ths STATE Freight 1ar 15M Vat, 232, says
ness, tlat. Whenever, tito subjects ovor which
q power to, regulate commerce is assorted
are, iu their 'narure national. or, admit
Of ono uniform system or plan Of reg
u,ation, they may justly DO Baid to bo ot
such n nature as to require exclusive legislation
Of Congress-" And, i'll the same case. ho says,
in conclusion: "Suroly, transportation of
passengers or merchandise through State, Or
from QUO State to another, is of this nature. 1t
is Of national Importance that oyor that subject
thoro should bo but ono regulating power"
"This boiug tho final declaration Of tho court
OF Inst resort" snyB Judge Ncltlold,
two need occupy no moro tisno in
showing that tho entire question OF tho
freight upon limos Of railways oxtonding across
tho line OF two or moro Statea.
| BELONGS ExcLuslvELY TO CONGRESS.
This very question was directly involved, and
Congressional regulation aud control attach to
actually boen carried acroaa the dividing
limo Of two statos, but from tho time
it is taken in charge BY tho carrier as traffic,
wletllor in goods or porsons and which in den-
tined to cross stato-l,noa in it's traust."-See
10lh ]PaN, est, Uniied States Reports.
How narrow, thon, Ia the limit Of State logls'a-
tion Nino-tentlls, and more, of tho freight
loaded upon cars in Iowa is destined 10 cross tho
boundary of tho State and bo carried acrosss
other States. AS to this traffic, in tho light Of
tho decisions above reforred to, our
State Legislators might as we'll occupy
their timo ballotng for Spoakor, shoot
iug, oir tiro,crackorss, or hob-nobbing
with Victoria Woodruff, as to spend their
timo in leglBlating upon matters that aro
within tho exclusive control OF CongroBa. We
may compel long limos Of railway to run the
gauntlet OF stlto legislation, but with littlo
honor 10 thon, aud little good to us. Congress
has
Full CONTROL or TIE suDJEoTt
and its legislation can roach sYery mile Of tht
ponnsyyania Railroad ana branches, iu Now
JerBcy, Pennsylvania, West Virginia. Ohio 1ndi
ana, Illinois, and Town; uf tho baltimore L
Ohio and MI Qther railWaye extQudlnE thrau.l