, 1874-01-15


may establish tho ratoB aud tolls to bo charge,
for transportation. as tho rowor exists In pro
ciaoly tho same torna in each oaHo, II follows
TINT Congress 1nny fix n maximum ratio Of toll Of
compensation for tho transportation of al
rasBongors md OF nil clnsscs OF merchandise
moved to md from tlls country to and from,
foreign nations. It may prescribe tho rato 10,
milo por ton of all freight by ocean steamers os
eal|-vossola from my port Ii, tho United tntos to
any port in Europe, South America, West 1nlics,
China, or Japnn. II fixing ratoa OF compouaalion
for transportation DO n "rcg1lation" OF COM
mcrco, then Congress Inns precisely tho gamo
power to establish tho rates Of ocenn frcighta to
and from foreign countries that it haB to ea-
tab!ish tho rasoB Of transportation from ono
State to auotfer. II this power exists. Of courao
Congross can regulate, to tho great advantage
of tho people, the entire cost OF ocean froiglts.
1t is truc foreign Vessels might rofueo to submit
to tho "rogulation," and American yeBsols
would probably 10 Bo1d to foreign ownors, but
tllon tho extinction OF all foreign commerce
would DO but in Keeping with other "regula-
tiona which Congress- has enacted.
Having disposed of tho foreign conlmorco by
regulating 1t out Of oxistcnco, Oongross could
thon undertake to regulate tho ratoB Of tra1.s-
portation On steamboats,, rropelora, canaboats,
and Hnil-yoaBols On tho rivera, oanals, and 1akos
OF tho country. OF course, any regulation must
recognizo that transportation by water must bo
performed for loss than is allowed for transporta-
tion by rail. There can bo no argument in favor
oftho power Of Congress to establish ratios Of COM
ponsation for transportation on railroads owned
by corporations chartorcd by statcs that cannot
bo equally applied to tho establishing Of rates for
transportation in private vcBscls to foreign
countries, Or upon steam veBsols aud canal
bouts on tho interior rivers, lakes, and canals.
1t should bo bomo In mind that while Con-
gress Inns no powors save those granted to it by
the Constitution, tho statos, in thoir Loe1ela-
tureS, lavo all powers not denied thom by tho
National and thoir own state Constitutions. II
this power to fix rates Of compensation exists
anywhere 1t exists in tho Legislatures Of the
several States, md it could not bo lodged. If It
exists at all, in moro appropriate place. It ia
-- 79NNAA-A FoAAb ESs0bAAIb tlu6 Nl1UlG HQc1tGk
that tho transportation company iH entitled, un-
dor all circumstances, to fair and reasonable
compensation. OF ths it cannot 10 deprived l,y
statute, nor by sohedu1o, nor by Law, nor by reg
ulation. So that, nftcr NIL, tho inquiry in oyory
case muat DO whether tho charge demanded ia
q fair and reasonable ono. What is fair and
reasonable compensation must bo dotor-
mined by the circumstances OF oncl
case, and Of these circumstances Congress-
cannot hope to net as intclligontly nor rs Justly
Us Gnu tho soyoral Legislatures. This whole
scheme of Congressional legislation looks rory
much MS mn attompt to transfer tllo regulation
md control Of rallroad monopolios from the
hands Of tho roople, acting in their Legislatures
TO Congress, whore there is loss direct rosponsi-
bilty and creator scope for thoso external ir,-
luonces which no longer control State Lcris]a-
,urcB