The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-01-28
Forty Third Congress- First Session.
SENATE.
WASHINGTON

By Mr.. ingalls,, that the right of the Cubaps
be recognized and belligerent rights accorded to
them. Referred to the Committee on Foreign
Relations
By Mr.. Allison, of ex-soldiers and sailors.
asking that the Homestead laws of the United
STATES be so modified as to dispense with the re-
iulrements of actual residence, and that the
Ia approved by the House at the last session
MI Edmunds called attention To the fact that
the law mas been violated in the failure of the
P:oPoi o.noo.o 70 report a list of delinquent In
dian contractors and 1t should be remedied.
MIR. Cameron from the Committaa on TO-
eign Relations, reported back the Hill 70 nav
the French spoila ton claims. LAID on tho a p'y
endar. WIG 0"'-
Mr.. Wright introduced bill amendatorv T.,
the Act relating to soldiers and sailors home
steads. Referred to the Committee on Public
Lands.
Mr.. Edmunds offered resolution of inquiry
whether the treaty of 1855 with the Chippewa
Indians was still in force, and what action ii any
had been taken within the last two years, and
what claims were still pending. Agreed to:
Mr. McCreery moved that the credentials of
Hon. VIM. L. Mcmillan as Senator from Louis
lana, lie recommtted to the COMMITTEES on
Privileges and Elections. Agreed to-.
The Senate proceeded to consider the resolu-
ton relative to inter State Railroad cheaper
transportation, ETC., and Mr.. Morton addressed
the Senate in favor of the resolution.
he Finance resolution was then taken up,
but Mr.. Bayard.not being ready to speak, fur
Their consideration was postponed until tO-mor-
row.
Mr.. Morton said the Constitution gives Con-
eress power to regulate commerce between the
States and Supreme Courts had decided this in
Guided passengers as well as merchandise. The
embarrassments arising from the laws of sep
arate States under the old confederation re-
speeding commerce, were the causes of the
formation of the present government The
power to regulate commerce, includes the pow
er to regulate the means with which it is car
RED ON. Transportation is part of commerce,
and from the beginning Congress has exercised
power over all navigable rivers that run throuoj,
more than one State.
Congress has as much power over railroads as
snips or steamboats,, and he cited several decis-
ions in support of this position. The control of
Congress over Interstate railroads should not
go beyond such regulations as are for the gen.
era interests OF commerce and affect as little
as possible the exercise by corpor ,tions of their
powers conferred by the State and the control
OF each State over the railroads within it. This
powe, is distinct from the taxing power, and
does not intefere with the righ. of State to
tax the property of railroad corporations or
stock holders. The States have also taxed
steamboats, and ships, Though navigation was
exclusively regulated by Congress. Railroads
chartered by States are generally authorized to
form consultations or Running arrangements
with lines in other States, and take leases in
distant States and thus become parts of through
lines. Some roads before their lease and con-
nection extend half way across the continent
and are under the control of q small board of
directors in the large cities, chiefly ruled by a
few leading minds, who exercise more real
power than Governor or President Railroads
must accept their franchises upon conditions
that ii they engage in Interstate commerce
they shall be subject to the power vested in
Congress before any railroad charter was
granted.
There is as much reason and necessity for
regulating commerce upon Interstate railroads
as upon navigable waters. He claimed Con-
gressional legislation would prove necessary to
prevent possible unfriendly State legislation as
well as to secure the rights of States. The laws
OF Congress relative to safety of passengers on
steamboats, should be applied to passengers on
railroads. In order that the interest, safety,
comfort and convenience of the people may be
secured. the power to regulate commerce in
cludeS the power to regulate the common car
rier and public highway upon which it if trans
ported. railroad companies ale common car
riers and railroads are public highways. Com
mon carriers are required to carry for all per-
sons and at reasonable rates. Is there
doubt that the State in one case, or
Congress in the other may determine
what are reasonable rates. He claimed the
power of railroads to fix rates is but power of
the Ste te granted in the charter, but a Stat9
can make no contract with corporations re-
straining Congress, State franchise must be
in Interstate commerce they are liable to Con-
gressional regulation. 1t was intended by the
trainers OF the Constitution that we should
have common country. and free commerce.
and that no State lying across the bath of COM
merce, should lie permitted to make unjust
determinations against another in any form
Transportation is an essential element of
commerce, and he cited the case of Reading
railroad Us. the State Of Pennsylvania to show
that by the decision of the Supreme Court a
toto nsr~l,S
States cannot impose burdens on interstate
commerce, and all regulations of that nature
must yield to Congressional legislation.
Mr.. Summers Civil Rights bill introduced on
the first 1 day Of the session was taken up:
A long discussion followed on the general
meri IS of the bill and its reference to the Ju-
dietary, during which Mr. Morrill, of Maine
said ia response to remark of Mr. Sumner
that he had voted on all questions of civil
rights, freedom and emancipation with Mr.
Sumner and no one was justified in saying that
he tMorriD antedated Mr.. Sumner in advocacy
OF the measures to protect negro rights The
only difference as to this bill was that he
(AlorrilD would do this according to the con-
stltutiop' whereas Mr.. Sumner would do it
anyhow
The joint resolution for the election of Presi-
dent by the people and abolishing the Office of
Vice President was taken up.
The resolution was referred TO the Election
Committee.
The bill introduced enabling Susan b. An
thony to pay the fine impose on her for voting
was referred to the Judiciary Committee.
The bill authorizing the organization of Ma
tlonal Banks without circulation was then
taken up. Mr., Morton offered as an additional
section his bill authorizing National Banks
that have reduced their capital stock to with.
draw proportion of bonds upon r,tiring their
own circulating notes and depositing lawful
mon y of the United States in the proportion
provided by law.
Mr. Shannon So;I !, mas o,..onol a.
sage of the bill. He did not think in the pow
er of Congress to charter banks in this wav
without limitation. --..,
MIR. Bayard moved to strike out the first ten
lines OF The bill which authorizes organization
of banks without circulation upon depositng
with the Treasurer of the United States SIO.-
900 in registered bonds, so that the bill would
only authorize National Banks already author
lied, without circulation to withdraw their
bonds in excess OF $4,000, and also National
Banks to withdraw their bonds on deposit as
security for their circulating notes in amounts
OF $4,000 upon returning to the Controller of
the Currency lawful money to be dep sited in
the Treasury of the United States for redemp-
ton OF the amount of circulating notes of such
banks equal to amount issued upon such bonds
After some discussion, vote was taken OH the
amendment of Mr.. Bayard and the tact was
developed that no quorum was present.
Senate then adjourned.
HOUSE.
Mr.. Hawley of ILL.,, introduced bill to pro-
vide for the systematic and accurate keeping
OF the public accounts on the part of the gov
eminent to expedite auditing of the same and
provide records for reference.
Mr.. Stovell of Va, from the Pest Office
Committee, reported back the Senate amend
mems to the post route bill, which were con-
Cured.
Mr.. Hoguhton of CAL, from the Pacific
Railroad Committee, reported bill to incor-
pOrate the Southern Trans-Continental Rail-
road Company, and grant the right of way
through the public lands. Printed and recon-
mitted.
Mr.. Dawes of Mass, from the Commit tee on
Ways and Means, reported a bill allowing mer-
chandise in United States ports ON the 3lst of
July, toTz, to pay duJ which they were liable
on that day, even though they were not in a
public store or bonded warehouse the next day.
After explanation the bill was passed,
Mr.. O'Neil of Pa, presented a petition for
the redemption or conversion of legal tender
notes outstanding since 1862, by issuing $1,000
bonds at a fixed rate of interest say 3 65-lOO
per annum. .l
The bill in Ielation to lines of telegraph con
Meeting the capitol with the various depart
ments of the Government was passed,
A resolution was adopted direct ng the Com
mttee on Commerce to inquire into the expe
diency of securing by international law OF
stringent regulations, the prescribing of ocean
courses for inward and outward bound steam
vessels in crossing the North Atlantic or othel
fog latitndes
A bill to reduce the expenditures for public
buildings was reported and referred to the
Committee on Appropriations.