The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-21
Powers and Duty of Congress
Under the Constitution.
INTER STATE COMMENCE.
Rsoort of tie House Committee on Railroads
and Canals n Favor OF Federal Reg ulation
OF Freight, Fares, Tolls and Charges
Upon Interstate Railroads

on Railways and Canals
Report.
The Committee on Railways and Canals to whom
was referred House Dili No 1910 "A bal to regn-
late commerce ~ railroad among the several
States, nave had the same under consideration
and report ne accompanying amendment
thereto III The na ure oil a substitute, aud recon-
meuG Us passage. IN the Judgment OF the commit
tee the measure OF legislation now proposed Is
important is 20 make proper statement, in the
i0rm o. repcF. To tue House, OF some or the
principal grounds which IL is believed not
Oily justify but demand IFS adoption. Without
repeating III detail here the provisions oil tie bill,
70 enough Tor our present purpose 10 say shat 10
asserts tue rigat and duty OF Congress To regulate
Interstate commerce as carried on by railroad,
and prescl es IL one OF the regulations thereof
that the cha Z o ~ persons engaged In suca com
s1erce Tor carrNinS freight and passengers shall III
all cases DC AR ant reasonable.
OF the d.taI.s ~ the bill we do not speak here,
because these ca4 wen enouyh be discussed csc
where. suffice Ia say that their purpose Is (and
we think them well adapted to lt TO adopt aud
enforce, nndeF 81. able penalties, as one OF the
rules or regulations concerning commerce carried
on by raro 10 among the states, tue taking oi no
more than lar ana reasonable toll or compensa
ton.
Before any discussion Of details 1t Is necessary
TO consider ANA determine, first, whether The end
thus sought Can he attained by constitutional
act OF Conpress, and, second, whether IL conStltu-
tiCnal ii Is cNpeOent Let Us consider these
questions in their order.
The sonsti.utional Question.
Among the powers expressly conferred upon
Congress by section s, article l OF the constltu-
uOn, is the power "to regulate commerce Win
foreign nations SAC among the several states and
with the Indian .ribcs.r In considering the ques-
ton whether. under this provision, Congress las
power to pass tde Di reported IL VIII be unneces-
sary TO Inquire rs to the nature and extent OF tue
power con erred by thus provision upon Congress-
Ii will not DC denied that this clause OF the cOnsr
tuition coniers upon Congress by express
words power 70 egislate upon the general
subject OF the regulation OF commerce among the
several states. II l. not negative provision; 1t
does not declare wDat power Congress shall not
have; II is not nefely prohibitory. 1t is atfcma-
tive. 1t declares that CONGRESS shal have powell"
&c. In order 10 snow that this provision oil the
constitution authorlzes Congress to pass the bill
reported 1t Is necessary TO establish the following
propositions
l. That the commerce among the several
States'' which may be regulated by Congress in
Guides commerce carried from STATE to State by
railroads.
?. THAT to regulate the charges for carving
freight or passen -ers upon Interstate railroads.
50 as to ltInr them to what is air and Reasonable
and prevent eXtortlon, is legitimate exercise OF
the power to regulate such commerce.
These propositions are abundanty supported
both by reason and authority. The term .'com-
merce,' as employed in the constitution, undoubt-
eddy means intercourse and exchange both of
persons and property between different states ana
communities. II refers to The commerce itself, and
not to the particular manner in which 1t is carried
on II 1t could be held to apply to the latter, and
II It could be shown that Tue constitutional pro-
vision III question was confined III its operation 10
commerce 10 be carried on by the same mode in
existence when the constitution was adopted. all
commerce among the several States might escape
regulation Oy Abandoning entirely the vehicles IN
use in 1857. In this way the PLAIN provision OF the
constitution might be Dulllted II this on
OF 1t could be sustained. Upon this subject Judge
Redfeld, in his abie and exhaustive work on The
law or railways, has this TO say
The natural import construction of the terms of
the sonsi u9n we nd not seem 70 admit OF much doubt
word commerce at The tune the constitution u was
The ~o fsa Gf
derived from the Lan e9mmereian. which is found
modern Europe means in il literal sense il.
.ies u is more nearly synonymous, with traffic
, nrahh M1th Any orher, WORD IN me LANGUAGE
have Teen foreign nd nsnd 1s
ter Which exten ed beyond the limits Of single state
was. as we have seen by, the organic law OF our
manner was lett to the pariisniar STATE
pose OF the provisions b. confined to future
commerce earned on ia the same mode il thenie E,
wilma that had been the provision could MOI have
aap on BY t. ap has sens
very and is increasing in
entire subject q regulating all commerce among the
by Which l. was carried on was committed to Congress
1eo aeo m & @ mates mere to have no
reduce The question OF regulstng interstate railway
on Of the commerce Of The country which requires s1r To-
&C. s at M Those who I 70 argue that
extended lines railways reaching from end Of the
ton fairly say traffic on these extended lines
81 Sy sn . me ee Sn "a E
try at the time Of the adoption o. the consuton-is
or FOR e sae
or win iii any icency s az sa
as mus then come under the control OF Congress
or De eI 10 us own devices and inpulsesan expert
Railways PIP. 10, l2.,
], which arose and was decided In 1924, wnen steam
navigation was IN Its infancy, it was held that
commerce com renended navigation as well as in-
tercourse and traffic, and no doubt was expressed
as to the right OF Congress to regulate IL when
carried on by an agency not known when
the constitution was adopted-to w.t., the
power OF steam. On the contrary. the power to
regulate Interstate and foreign commerce. when
carried on by means OF steam vessels, was dis
tinctly asserted and II extended TO steam vessels
why nor 70 steam cars. since they were alike I'M
known when the constitution was adoptedy
The opinion in this case Gibbons VS. Ogden) was
delivered by Chief Justice Marshall, and IL dis.
cusses so aeiy the very question We are now con-
sldering-viZ, the nature and extent OF the power
given TO Congress TO regulate commerce--that we
1eel constrained to quote from it, as follows-
The subject to be regulated s and
sts one Of renuneraaon and definition to ascer
ssss the becomes necessary
The eo s1s s 81 the appellee a would limit to r
and 90 not aunt taat 1t comprehends navigation This
tects 10 ssnIncaons GommeTee usdoabssd 9S
Tsmc; p p some,hihg more, II Is intercourse IT
ana parts OF nano IN al IT. branches and Is regulated
And again =
To what commerce does this power extends The con.
stitrton informs US TO commerce with foreign
has. we believe. been universally admitted that these
course between the United States and Ioreirn naa 1er
No sort Of trade be carried between this country
and any other ~ which this power does extend. Il
has been truly said that commerce, the word Is
By % a1 stsy y
OF the word in Its application to foreign nations must
carry the meaning throughout the sentence and
remain unit, unless there be some plain, inteigibe
clause which alters
The object to which the power is next applied is to
commerce. among The several States" Thc word
among means ntermngled with thing which IL
among others IS intermin2led with them Commerce
among the states cannot stop at the external boundary
q liz
terror. Wv ''"' w ''s 49, '"S ~
us not intended to say that these words comprehend
se eoh'urre which u completely internal, which Ia
Ss Oh Detween man and man in Stale between
un.eIen. parts OF The state. and which does
sAtenu w or aneci other sates such power wond be
anu certainly AZ not necessary. Compre-
ncssrs a. hs woa among may very
than The phrase not one ,sLtns ,.o,I IL
have been selected TO indicate the p,erinr
traf1c OF state, because IL an nt III ~ fr ma
purpose, and the enumeration parteuIar Gin If