The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-28
The West Virginia Contested Election
Cases Settled.
CIVIL RIGHTS AGAIN REFERRED.
Debate on the Reorganization Of
National Banks.
SENATE.
WASHINGTON, Jan. 81, 1874.
PETITIONS PRESENTED.

ferred TO the Committee on Pensions.
BY Mr. THURMAN, tdem) of 0hio--A petition Of
similar character. Referred to the same CON-
mittee.
Mr.. THURMAN called attention to the fact that
the signatures to petitions presented here fire.
quently were in the same Ia ndwriting. He thought
that great abuse, and that 1t should be discOn-
tinued
INVESTIGATION ASKED IN DISTRICT AFFAIRS.
He also presented petition Of W. W. CorcOran,
G. w. Riggs, J. D. Clagett, Marshall Brown,
william GuntOn, A. +. Perry and other property
holders OF Washington city, praying that
the investigation into the AFFAIRS of the
District government, asked for few days
SINCE be granted. He asked that the petition be
read. 1t recites that grave charges have been
made against the District government In various
newspapers, by reason of which the District has
suffered. The petition was laid on the table.
THAT CUBANs BE GRANTED BELLIGERENT RIGHTS.
BY Mr. INGALLS, (rep.) Of Kan.-From citizens
OF that State asking that the rights OF Cubans be
recognized and belligerent rights be accorded to
them. Referred to the Committee on Foreign Re-
lations.
By Mr.. SARGENT trep.) Of Cal-Of the Legislature
Of that State asking for the removal OF MONDAY
Rock from the Harbor of San Francisco. Referred
TO the Committee on Commerce.
BY Mr. ALLISON, rep.) OF Iowa-Of ex-soldiers
and sailors asking that the Homestead laws Of the
United States be so modified to dispense with the
requirement of actual residence, and that the bill
approved by the House last session be passed.
Referred to the Committee on Public Lands.
MI. ANTHONY, repJ OF R. l.. from the Printing
Auditor in regard to Indian expenditures with
Recommendation that 1t be referred to the Com
mittee on Appropriations without being printed.
Mr.. EDMUNDs, (rep.) OF VT, called attention to
the fact that the law mad been violated in the
q 1cf nf thn
delinquent Indian contractors, and that it should
THE FRENCH spoL1Ar1oN CLAIMS.
MI CAMERON, rep.) OF Pa, from the Committee
on Foreign Relations, reported back the bill to
pay the French spoiiation claims Placed on the
This bin, reported tavorabiy by Mr.. Cameron,
one introduced by Mr. Sumner on the first day OF
the session. 1t provides Tor an adjustment by
board OF three commissioners, TO be appOlntedDy
the President, who shall report to Congress on rhe
validity and amount of all claims presented within
three years from the time Of their first meeting.
an amount not exceeding $5,0O0,0 GOO whenever
Congress shall make an appropriation therefor. No
accrue prior to July g. 1901. The bill specifically
excludes all claims embraced IN the treaty with
IN whole IN part, under the treaty OF February,
1918, with Spain and the treaty of July, 1881, with
France.
CAUSES OF EPIDEMIC CHOLERA
,.; MT: LOGAN gepl OF H. nom the Committee on
House Joint Resolution anthorizinS the Secretary
Of War to detail medical officers OF the army to in
quire into and report upon the causes Of epidemic
Also, without amendment Senator Bucking-
hams bill In relation to bOunties, providing that
under the Presidents proclamation OF May 8, 1851.
shall be paid the full bounty OF 500 promised
Mr.: WRIGHT. (rep) OF Minn., from the Committee
On Finance reported, without amendment, the
r INV be ps an
to John S.. Miller, OF Illinois, which were de-
stroyed by fire while in trGnstt,l.
Mr.. EDMUNDS, (rep.) OF w., submitted resolu-
ton directing the Secretary Of the Interior to
port to the Senate whether the treaty OF 1855 with
the Chippewa Indians is still in force, and what
fion, If any. has been taken within the last two
years, and what claims are still pending, &c
Mr.. McCRHERY, (dem.} Of Ky, moved that the
credentials Of Hon. william L. Mcmillan, as sena-
mittee on Privileges and Elections. Agreed to.
CHEAP TRANSPORTATION.
MI: MOTION rep, Of Ind, moved that the Senate
Tered by him few days ago providing for creating
commission Of Ave persons to examine and report
10 Congress what legislation IS required In regard
to Interstate railroads; to provide for cheaper
transportation for the safety and comfort OF pas
the general eficiency OF railroads in the interest
Of commerce and the convenience OF the travel
Mr.. MOTION addressed the Senate in favor Of the
resolution. He said the constitution declares
Congress shall have power to regulate commerce
among the several States. The Supreme Court
in several decisions has defined commerce to COM
prehend intercourse as we'll as traffic passengers
as well as merchandise. Commerce entirely within
the limits Of one State Ii not within the meaning of
the constitution. The power to regulate commerce
operate upon the Subject and those engaged in its
prosecution. The power to regulate and govern
tae whole includes the power to govern the CON
State regulated commerce. for ITSELF and the regu-
lations much against other States as foreign
States. The embarrassment growing out Of this
was one OF the chief causes of the formation of the
present government. The Supreme Court has re-
merce now is what each State had Under the con-
federation This power is complete in ITSELF and
scrlbed in the constitution.
THE POwRR TO REGULATE COMMERCE.
involves power 70 regulate ~ means and nstru:
this 1t could not be executed. The courts have
always SO held. Commerce pertains not more to
commerce. From the beginning Congress mas ex-
ercised the power to regulate and control naviga-
they were wholly Within the bounds Of one State
and not connecting with the sea or navigable
II entirely nom the clause Of the constitution civ
ing power to regulate commerce, and no court or
statesman ever pretended to derive It from any
every kind over the construction and management
OF ships and steamboats,. This was upon the
merce included the power to regulate the instru-
ments of commerce. Congress has no more power
ss snsased ia The
power attaches to the instrument Waetner
natural or ARTIFICIAL Me referred ~ these 80
positions. When the constitution was formed all
the States were on the seaboard, with water COM
munication and navigation was almost the only
means Of commerce, and Congress at once assumed
control over It. Now another means Oh communl
cation OF vast extent mas into nse, the great
system OF railroads. The control OF Congress over
interstate railroads should pot go beyond such
regulations as are for the general interest Of com
merce ana affect as little possible the exercise
6y corporations OF their powers conferred by the
state and the control by each state over the
roads within It, This power is distinct from the
taxing power and does not interfere with the
right OF the state to tax the property
Of railroad corporations or stockholders.
The states have also taxed steamboats,
and SHIPS, though navigation was exclusively
regulated by Congress. Railroads chartered by
States are generally authorized to form consoida-
ton or running ARRANGEMENTS with lines In other
become parts OF through lines. Some roads, by
their leases and connections, extend halfway
small boards OF directors In the large cities chiefly
ruled by few leading minds, VINO exercise more
thap govqr ura