New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-03-27
THE TRANSPORT4IION ELL.

THE IRAhSFOEI Hun DILL.
BY the close vote of 12t to Tic the House
Yesterday passed the bin to regulate COM
merce by railroad among the several States,
reported by Mr.. McCrary of Iowa. A summary
of its provisions appears in the report
of the Congressional proceedings. The
report submitted with the bill last
January was an able and exhaustive argu-
ment, covering the whole field, but laying
particular stress upon the question
of the right of Congress under
the Constitution to legislate upon the subject.
A majority of the House has decided that
under the provision of the Constitution giving
Congress the power to regulate commerce, the
authority is granted to interfere as this bill
proposes to, with Interstate railroads, to adj
Just their tariff, and make other regulation
for their government. Whatever may be the
merits of the constitutional question, it is
true Of this bill that it does not
provide for any unnecessarily offensive
assertion of the power of Congress. by 1t the
whole matter of regulating rates of fare and
freight is left to a Board of nine Railroad Com
missioners, one from each judicial district, to be
appointed by the President and confirmed 10y
the Senate. 1t claims the power to do this,
prohibits the charge of rates that are not ialr
and reasonable, and aiiixeS penalties for VIOLA
tons of its provisions.
The requirement Of thorough investigation
and inquiry into the rates and tolls charged
on all the railroad lines will at least have the
effect to furnish basis for something like
a homogeneous railroad system throughout the
county and furnish data for a better under
standing of the subject than now exists.
1t is not impossible that tho Board of Com
missioncrs after thoroughly informing them
selves of the facts. will be able to fix
such schedule of rates and charges as
shall be satisfactory to the railroad COM
panes. Should they do this there will be no
occasion to test the constitutiOnality of the
law or obstruct its operation. Whether 1t Is
possible to fix schedules that will give
satisfaction to the public without Offend
ing the corporations, Is quito another
question. 1t is easy enough to see
that Board appointed, as this will be- under
political influences, and most likely TO be
com posed of men who will be exercised by
a reasonable anxiety to retain their offices and
run no risks, will be tempted to make friends
with the railroads at the expense of the public.
By keeping on the right side Of the corpora
tons they will run no risk of litigation to
endanger their situations. The experience of
the States has been that Railroad Commits
sions are much more liable to be used in the
interest of the roads than for the protection
of the public. Of the manner OF making the
appointments upon this Board and the posi-
bility-to say the least-of the Commission
being filed with low order of politicians,
we need not speak.
Even should the bill be passed by the Senate
and become a law, which Is extremely doubt
full, we do not anticipate from it final or
satisfactory solution of the question. The i'm
portance of the action of yesterday is derived
chiefly from the fact that the House, by a
small majority has asserted its right under
the Constitution to regulate the railroads
of the country and fix their charges.
Should the bill pass and the Commission
be appointed, and the Schedules of charges be
arranged for the several railroads so as to
meet the views of the people who asked for
Government interference, the railroad cOrpO-
rations will not fail to resist its operation and
take measures to test its cOnstitutl0nality.
And we presume it has occurred to the adv0-
Gates of the measure that those great corpora
tons having q common interest in the matter
will hardly be likely to sit down quietly under
offensive regulations, even if the act should
DO decided to be constitutional. Whether a
Commission can or will be appointed so incor-
ruptlble as to resist the Establishments which
the combined railroad corporations OF the
country can bring to bear upon them will then
be question of serious import.