Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-28
Senator AOrtOn's Resolution, and Speech
FavOring it, in Regard TO Inter-
state Railroads McMill0n's
Credentials. .D.t
Additional BOanties for Our Late War;
rIors Petition d=-SeuatOr Thurman
"smells a Nice '-Sumner's
Civil Rights Bill.
The West Virginia Contested Elections
Settled Davis and Hogan Seated
Telegraphic Connections
H Etc., Etc., Etc.


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WASHINGTON, January 27-Chair-
man Carpenter and Senator Thurman
presented petitions from soldiers of the
late war, asking additional bounty.
Referred. "a @ an 81
Senator Thurman said that petitions
frequently presented were in the same
handwriting, an abuse which should be
stopped. y a- - ~
Senator Thurman also presented the
petition of w. w. COrcoran, @. w.
Riggs, and other prOperty-hOlders in
Washington, praying that the investi-
cation be granted into the affairs OF the
district government asked for q few
days since. The petition reiterates that
grave charges have been made by the
newspapers. Laid on the table.
Senator MeCreery moved that the
credentials of VIM. L. MeMilloD, as
senator from Louisiana, be referred to
the committee on privileges and cleo
tions. Agreed to.
; Senator Morton moved that the SEN
ate proceed to the consideration of the
resolution offered by him a few days
since, providing for creating commits
sion of five persons to examine and re-
port TO congress what legislation is re-
Quired IN regard to interstate railroads;
to provide for cheaper transportation;
for the safety and comfort of passen-
J gers; for the reform of abuses and to
4 promote the general efficiency of rail-
roads in the interests of commerce and
i convenience Of the travelling public.
Z Senator Morton addressed the senate in
favor of the resolution. He said that
the constitution declares that congress
shall have the power to regulate
commerce among the several States.
The supreme court, in several decisions,
has defined commerce to comprehend
intercourse as well as traffic, passengers
as wen as merchandise. Commerce en-
tirely within one State is not within the
meaning Of the constitution. The power
to regulate commerce must be exercised
wherever the subject exists, and operate
upon the subject and those engaged in
its prosecution. The power to regulate
and govern the whole includes the
power to govern constituent parts. The
power to regulate commerce involves
the power to regulate the means and in
strumentalities with which it is carried
on. Without this il could not be exc
cuted. The courts have always so held.
Commerce pertains not more to water
part of commerce. Congress has made
regulations of every kind for the man.
segment of ships and steamboats,. This
was upon the broad principle that the
power to regulate commerce included
the power to regulate the instruments Of
commerce. Congress has no more pow
er over navigation than over railroads
and railroad trains engaged in inter-
State commerce. The power attaches
to the instrument, whether natural or
srtificisl. The control of congress over
interstate. railroads should not 90 be-
yond such regulations as are for the
general interest of commerce, and affect
as little as possible the exercise by cor
pOrations of their powers, conferred by
the State, and control by each State
over the railroads within it. This pow
er is distinct from the taxing power, and
does not interfere with the right of the
State to tax the property OF railroad cor
porations or stockholders. Railroad
Companies must accept their franchises
upon the condition that If they engage
in interstate commerce, they will
be subject to the power vested
( in congress before any rail-
road charter was granted. There is as
much reason and necessity for regulating
/. commerce upon inter State railroads as
upon navigable waters. If thrOugh-lines
from the Atlantic to the Pacific may be
regulated in one way by Ohio, in anoth-
er way by Indiana, and another by Hi
nOis, they may become victims OF un-
friendly legislation, and eaah State act
ing for its own interests may not con-
slider those of other States. The people,
acting separately, would be less able to
=, 70 fho of
great cOrporatiOns, which, 10y their
z wealth. Establishments and natural
power ia the States through which they
pass, would have undueinfiueuce in con-.
] trolling legislation OF defeating the exc
eution Of their laws. The States,
acting separately, cannot properly
! regulate these great lines of traus-
portation in which SO many States
! are concerned. The extent aud eharac-
4 ter of this power should be left to the
4 discretion of congress, subject to the re-
; ST. lotions of the constitution; that they
J shall be of uniferm character, and no
/ advantage shall be shown to one State
over another. The power to regulate
/ commerce includes the power to regu-
I late common carriers, and the public
highway upon which it is transported.
I Railroad companies are common car
riers, and railroads are public highways.
. Common carriers are required TO carry
for all persons, AID at reasonable rates.
. Is there q doubt that the State, in one
case, or congress, in the other,
may determine what are reasonable
rates? A State can make no contract
with corporations which would restrain
congress, however binding it may be on
tAe State. The power of a railroad COM
pany to fix rates is but the power Of the
: State granted in its charter. Whatever
franchises the State grants must be ac-
cepted subject to the condition that ii
the railroad engage In Interstate COM
merce it is liable to regulation oy con-
4 gress. A State cannot obstruct inter
4 State commerce by the direct Legislation
/ of exorbitant taxes On freight or passen-
gers. What State may not do by direct
legislation, It cannot by charter or con-
tract empowers corporation todo; Ii the
State has controlled the power directly
or indirectly to tx rates heaVy
tribute may be levied upon the COM
/ nerce of other States compelled TO pass
across It's territory for at least 1ouT
months in the year. The commerce ol
Z Wisconsin, Minnesota, Iowa ana Nep-
raska, and that over the Union faclne
. . ldlltOaNt DdcsEb dfOAAlN la1g yOALN -
I Michigan, in Illinois, and If that state
in defiance Of congress, by direct leglsla-
tioB or through railroad companies, likes
! the rates Of travel and transportation
across its territories, it has vast power
for the oppression OF the northwestern
States, which is inconsistent with our
form Of government. Each State may
regulate the commerce internal to ITSELF
aud in the absence OF congress
sionsl legislation, may make regula-
tions for the commerce passing
across its territory, provided that it does
not impose burdens on Interstate com.
{ p7ercs, or maze unjust Determinations
but ali such regulations ss aftiict inter.
8tSte commerce, however meritorieus
in character or intention, must Weld tC
the legislation Of congress. 1t is a field
of jurisdiction that the States may oe.
cu1v ia the absence Of CONCESSIONS,
IsGislation, subject to the conditions
lust named. Railroad companies hav,
{be nower to fix the rates for freigh
srd a. passengers, in the absence of res
training legislation by state OF congress
except SO fsY as modified by the princt
ple Of common law, that common car
TieTs must transport for reasonable rates
senator Sherman moved that the sen