The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-21
WASHINGTON

THE JUDICIARY coM1urrRR REPORT IA
voRABLY ON THE NOMINATION. OF
JUDGE WAITE. ,.l'.-
WAsnNaToN, Jan. 2O.-It Is under
stood that in q brief executive session helt
this afternoon the Judiciary Committee
reported tayorably on the nomination o.
Morrison r. Waite 10 be Chief Justice
and that 1t was laid over under the rule
one day. ri -4r
TIE RAILROAD AND CANAL REPORT.
The motion to 60 into executive ses.
sion was made by Mr.. Edmnnds, Chair.
man Of the Judiciary COMMITTEES. .
Thetreport submitted By MI, McCreary
Chairman Of the Committee on Railways
and Canals upon House bill No. 1910 pro.
sents amendments thereto In the nature
Of a substitute, and recommends lie
passage. The bill asserts tho right
and duty Of Congress 10 regulate
the Interstate commerce as carried
on BY railroads, and prescribes as one Of
the regulations that charges for carrying
passengers and freight upon such rail-
roads shall In all cases be fair and reas.
onable, and provides suitable penalties for
infringement ofthis regulation The re-
port discusses the constilutionality Of such
q measure, and II constitutional, It's ex.
pedieucy; It claims that section s OF arti-
Gle Of the Constitution OF the United
States conters In, express terms the power
to legislate In this behalf, and claims that
the expedlehcy is beyond question.
FENToN's BILL REPORTED FAvoRABLY.
The Senate Finance Committee this
forenoon agreed 10 report iavorably Mr.
Fenton's bill providing that In cases OF
fraudulent undervaluation oil imports, the
confscation penalty shall apply only to
the particular item or items underyalued,
and not to the whole invoice.
THE FRANKrNo PRIVILEGE TO BR RE.
F-.tf' STORED.
The Committee on Postofices and Post.
roads will soon report bill restoring the
'franking privilege to a limited extent.
The same committee have decided that
the benefits oi free letter delivery by car.
riers should not extend to cities having
less than $4,000 inhabitants. ~
THE nrLL To REGULATE coMMERcE he.
s. -. TWEEN STATES.
Mr. McCreary, Chairman Of the Com.
miLtee on Railroads and Canals to-day
submitted the report on the House bill to
regulate commerce by railroads among
the several States, The report says that
the committee have had the same under
consideration, and reported an accompa.
nying amendment thereto in the nature OF
a substitute, and recommended its pas.
sage. In tho judgment Of the Committee
the measure VI legislation now proposed
Is so important as 10 require the making
of proper statement 10 the form OF q
full report TO the House of the
same, and Of the principal grounds which
are believed not only TO justify but de-
maud It's adoption. Without repeating
in detail the provisions by sections
OF the bill, it is enough for the present
purpose 70 say that ii asserts the right
and duty Of Congress TO regulate inter
State commerce as carried on by rail.
roads, and prescribes as one OF the regula.
tlons thereof that the charges OF persons
engaged sn such commerce for CarryiugiI
freight and passengers shall in all cases be
fair and reasonable. OF the details of the
bill We do not speak here, because these
can well enough be discussed elsewhere.
Suffice 1t to say that their purpose is, and
we think them well adapted to il, 10
adopt and enforce under suitable
penalties as one of the rules or
concerning the commerce car.
ried on by railroads among States; the
taking OF no more than fair and reason.
able toll or compensation. -I
Before a discussion Of details It Is ne.
cessary to consider and determine, first,
whether the end thus sought can be at
tanned by the constitutional act of Con.
gress, and secondly, whether II 1t Is con-.
Stitutional ls 1t expedient. First, the
constitutional question; among the pow
ers expressly conferred on Congress by
section 4 article oi the Constitu.
ton, the power to regulate com.
merce with foreign powers, among the
several States and with. the Indian tribes.
In considering the question whether under
this provision Congress has power to pass
the bill reported, 1t will be necessary to
inquire as 10 the nature and extent of
The power conferred by this provisionI
upon Congress. It will not be denied
that that this clause of the Constitution
coniers upon Congress by express words
power to leglslatc upon the general sub
ect, Of the regulation of commerce In the
several States. II Is not a negative
1t does not declare what
power Congress shall not have; It
s not merely prohibitory, 1t Is afflrma-
i've, II declares that Congress shall
have power, &c. 1t order to show that
his provision Of the Constitution author.
zes Congress 10 pass the bill reported II
q necessary to establish the following
propositions:
1st That the commerce among the
States which may be regulated BY Con.
yress includes the commerce carried from
States to States by railroads.
2nd. That TO regulate the charges fer
carrying freight and passengers upon the
Interstate railroads so as to limit them TO
what Is fair and reasonable, and to prevent
sxtortion Is legitimate exercise Of the
power TO regulate such commerce. After
citing the authority In support OF the
Iirst proposition, the report goes on TO say
that II 10 by no means important, In order
70 establish tho power Of Congress to pass
! bill reported, that 1t should be made to
appear that the power OF Congress over
Interstate commerce Is an exclusive
power. It Is ample, whether 1t be ex-
elusive or not, but II seems that the com.
mittee cases cited are conclusive Of
the question and leave no doubt
that the power Of Congress Is ex-
elusive. The authorities cited leave no
room for doubt concerning the power
ot Congress 70 regulate that commerce
among States which Is now carried on
BY means Of railroads. They establish
conclusively that the power Of Congress
extends TO all commerce which concerns
more than one State, and that It necessa.
'ily includes the carrying Of frieght and
passengers from place in one State TO a