Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-21
WASHINGTON.
The Judiciary Committee Report
FavOrably on Waite.
The Railroad Problem before the
House.
Report of the Committee.

The Railroad Problem before the
House.
Report of the Committee.
| WASHINGTON, Jan. 20.-It is under
| stood that in a brief Executive session.
held this evening, the Judiciary Committee
reported fayOfably on the nomination OF
Morrison r. Wate TO be ChiefJustice, and
that it was laid over under the rule one day.
/ The motion to go into Executive session
was made by Mr.. EimundS, chairman OF
the Judiciary Committee.
HOuard,s Investigation.
The Military Committee have agreed TO
report a resolution recommending and re-
questing the President to appoint Board
of five officers to investigate the affairs of
| General Howard in connection with the
allegations against him embodied in recent
letters of the Secretary of War.
FranEins.
| The Committee on POst-ofiices and Post
roads will sOcn report bill restoring the
| franking privilege 20 a limited extent.
The same committee decided that the
benefit of the free-letter delivery by carri-
ers should not extend to cities having less
than p, 900 inhabitants.
The outstanding legal tenders are 3S2,
54S,537.
The Railroad Problem.
Mr.. McCrary, Chairman of the Commit
| tee on Railroads and Canals, to-day sub
mitted to the House of Representatives a
report on the House bill to regulate COM
merce by railroads among the several
States. The report SAYS the committee have
had the same under consideration, and re-
ported an accompanying amendment there
/ TO in the nature of a substitute, and recon-
mended its passage. In the judgment of
the committee the measure Of legislation
now proposed is so important as to make
proper statement, in the form of a report to
the House, of some ofthe particular grounds
which, it is believed, not only Justify but
| demand its adoption. Without repeating
| in debate the provisions of the bill, it is
enough for the present purpose to say that
it asserts the right and duty of Congress to
regulate Interstate commerce as carried on
| by railroads and preScribes as one of the
| regulations thereof that the charges of per-
| sons engaged in such commerce for carrying
| 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 it to say their purpose, iS-and We
think them well adapted to it, to adopt
and enforce under suitable penalties as one
of the rules or regulations concerning COM
merce carried on by railroads among the
States taxing of no more than fair, reason
able toll or compensation.
The Constitutional Question.
ls-,,,-~s.,,, = -
necessary to consider and determine first
/ whether the end thus sought can be Oh
| tained by a constitutional act of Congress,
and secondly, whether it is eXpedient.
| First. The constitutional question.
Among the powers expressly conferred up
| on Congress by Sec. 43, Article l of the
Constitution, is the power to regulate COM
| merce with foreign nations and 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, it will be unnecessary to
| inquire as to the nature and extent of the
power conferred by this provision upon
Congress. 1t will not be denied that this
clause Of the Constitution cOnferS upon
Congress by express words, the power TO
Iegislate upon the general subject Of the
| IE2lldllOn VI NOIliAiGltS III lA-C
| States. Ii is not a ne EatiYe provision. IL
does not declare what power Congress shall
not have. 1t is not a mere prohibitOry.
1t IS affirmative. 1t declares Congress shall
| have power, etc.
In order to show that this provision of
the Constitution authorizes Congress to
| pass the bill reported, it is necessary to eS-
tabliSh the following propositions: l. That
| Il ea.-as.pl ut
which may be regulated by Congress, in
cludes commerce carried from State to
! State by railroads. ,. That 10 regulate
the charges for carrying freight or passen-
gers upon interstate railroads so as TO limit
them to proper and reasonable rates and
prevent extortiOn is a legitimate exercise
of their powers 10 regulate such commerce.
In support of the first proposition, the COM
mittee cite Judge Redfield on the Law OF
Railroads; the opinion of the Supreme
| Court delivered by Chief Justice Marshall,
in the case Of Gibbons ". Ogden: Judge
Cody on Constitutional Limitations: the
opinion of the supreme Court delivered by
Justice Miller in the case of Grey vs.. the
| Clinton Bridge COmp3ny-repOrted by the
.AH,erjcm Lac Register for January, 1868
and the recent decision of the Suprem,
| Court in the case of the State freight tax
! - Wallace, -.
The report goes on to say it IS by II,
means important, in order TO establish Ia,
power Of Congress to pass the bill reported
| that it should be made to appear that tn,
power of Congress over interstate coin
merce is an exclusive power. 1t is ample
whether il is exclusive or not But il
seems to the committee that the cases citeC
are conclusive OF the question, and leave II,
doubt that the power of Congress is exciu
sive. The authorities cited leave no room
for doubt concerning the power of Con
gress to regulate that commerce among TIN
several States which is now carried on b.
means Of railroads, They establish cOndu
sively that the power Of Congress extend:
TO ali commerce which concerns more thai
one State, and that it necessarily include.
the carrying of freight and passengers from
a place fn one State TO place in another
State. Il REACHES and controls that com
merce which is beyond tlt6 reach of any
single State, because not completely in
tegTal within any one State.
fErhe convention then proceeds 10 discuss
fi;e second proposition relative TO the regu
Iation OF tGlIz and in its support cites Chic
Justice Marshall Ia Gibbons vs.. Ogden
The question is not whether sGAE regulation
is reasonable or unreasonable, proper q
| imprGDer, ezpedicHt or ineNpedient, bu
simplv whether il Is 2 regulation. If
preScribes a rule TO be followed IN caTyin!
on commerce, then il is a regulation .
commerce. That It does prescribe such
plain. The rule here prescribed IS that III
carving on commerce upon railroads Te
tween points in different States reasonabi
rates NAV be charged and not more. Ih
power of Congress upon this subject has N
limitation. other than those prescribed il
the constitution itself If the opinion re
ferred to. gives :he true meaning OF th
constitution. Of which fsIr4s c2n be m
| do,lbt. then the power Of Congress III ~,
uiatter OF controlling. and regulating inter
State commerce Is G07eXtensiye with th'
mower ofthe States over tiieiF cTmrpletel
Internal commerce, and if the noWer Of III
State over its own commerce =
for anv reason less than pie
nary. then the power Of Congress withii
its sphere is necessarily greater than that o
such State, for the power Of Congress cal
bo limited only by the terms Of tie C0nsti
tutj0E cf the United States. II eau hardly
10 claimed, however, at This day that
CT. has no J,0Epr to fix or limit tn,