, 1874-01-31
FARMER MORTON.

Senator Morton's apeeoh Oh tho transportation
question dsproges tho adage that " languagois is
thought nude visible" It shows that language
may be thought mode invisible. His argument
is both positive aud negative. Tho positive part
takes for its text tho constitutional clause
Congress shall havo power to regulate commerce
with foreign nations, aud among tho several States,
ind with tho 1ndlan tribes.
BY referring to various decisions Of tho SUI
prcme Court, and to other authorities, tho Ben
ator essays to prove that commerce comprehcnds
passengers as vol as merchandise, and tho
means Of traffic as well as traffic itself: that
"commarco among the several States Is COM
merce that conccrnB more States than one and
that the samo reasoning thnt defends Congres-
Bional supervision Of navigation will defend such
supervision of railroads. No clauao Of tho
Constitution givos Congress, III 30 many words,
tho control OF riyers and ial<eB That control
was at once assumed, because IN 1883 tho States
wore all on the aoaboard aud their commerce was
almost exclusively traffic by sea. Now that their
commerce has become largely traffic by rail, con-
troll Of this can he assumed. The supervision
should not DO arbitrary, and should
conflict with State lava and charters o.
little as possible; but in casa OF
need, law and charter can DO oyerr1ddon.
A company that accepts @ State charter must do
80 under the implied condition that 1t is subor-
dinato to future Congressional enactmonts.
Exclusive regulation Of Interstate commerce by
tho individual Suites would load to conflicts be-
tweon them, az it did before 1889 would result
III the pur chase Of Legislatures by wealthy cor
porations aud would fail in efficiency. It is,
therefore, both lawlul and expedent Tor Con-
gress to regulate transportation by rail. How
far doeB the power Of regulation extend? The
navigation laws provo by analogy that Congress
Gun pass laws to Becuro safety to passengers,
regularity OF trains, speedy connections, careful
inspection OF rolllug-stock aud road-bed, oto.
So far, Senator Morton argues attlrmatiyely.
His negative argument begins with the cau-
tious statement;
Whether Congress posseses the power to regulate the
rsico Of freghts and passenger fares upon railroads
engaged in commerce among tho ssAtes is question
upou which I'LL Gun form opinions NJ well as myaolf
from the general principles involved.
The souator's humility doubtless prevents his
boldly expressing tho opinion ho protosaos to
find it so easy to form. Ho doos indood, declare
TINT railroad companies arc common carriers;
ausl that railways arc public highways, mud he
does say:
1t ia h familiar prlncplo Of tho law that common
carriers rolsel 10 carry for al porsona and for
reasonable rateB. IL there doubt that tho State n
The caso Congress III the other may determine
what aro reasonable rates :
Tlle gist OF tho whole question is this: Ia it
tho province Of tue Legislative Or Of the Judicial
Department to decide what aro reasonable :,
rates? This tho Senator llas avoided answering,
OF courAe no was not bound to decide a STILL
1nootod potut,-a point that now puzzlesso many
people. But he WAS bound not to pretond, with
flourish OF trumpets, that ho waa about to de-
oido the whole matter, mud then exproBs hs
yiews on the most important part OF 1t In wortls
tlat. win boar two or three different conutruc-
.lous. 1t Ia evident that Mr. Morton Ia not quite
suro Of the drift Of public opinion. Ho naturally
tzias to swim With the current. Uia ovsr-hassv