Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1874-06-12
The Power of Congress to Regulate
Railway Tariffs.


Railway Tariffs.
Railway regulation, though untried by
congress, is by no means novel experiment
in the states, or in other countries. 1t has
many earnest advocates, who seem to regard
it as a certain aud efFectual remedy for high
charges panacea for all the ills of our
present systems Of transportation. In the
discussion of this branch of the subject, |
wish it distinctly understood, that the con-
siderations which apply to the vast system
of railways in the United States do not APP
ply with the same force to the smaller num-
Der of roads, and the less diverse conditions
existing in q single state. The regulation
Of railway rates and fares, by law, is one of
the most difficult problems ever presented to
the legislature of state but when extend
ed to great nation, composed of many in
dependent sovereign states, having within
their limits over thirteen hundred different
railways, and embracing every conceivable
variety of conditions and circumstances, the
problem becomes one Of much greater diff
Guilty.
have no doubt of the power Of congress
to regulate interstate commerce, when car
ricd on by railroads constituting continuous
lines between two or more states. Under
the power to regulate commerce among the
several states, believe congress may pre-
scribe the rules by which the instruments,
agents and pehicles engaged in such COM
fherce shall be governed and that it may
prevent undue impositions by corporations
Of one state upon the commerce Of other
states and in the maintenance of CONNER
cial equality among the states, it may pre-
scribe rule Of charges for interstate com.
merce Otherwise it would be in the pow.
err of the state of New York, extending as
she does from Canada to the ocean, to au-
thorize her railway companies to impose
such charges as would virtually place an
embargo upon the trade between New En-.
gland and the West. That she probably
will not do so is no answer 70 the argument
The question is not what will the state Of
New York permit in this regard, but what
are the commercial rights OF the states, AM
by what power are those rights to be guar
anteed? Were the ilustrious men who
framed our Constitution so incompetent fol
their high duty as to have created an in
strument which leaves it in the power o.
any state to cripple and destroy the com
merce Of another2 Is it conceivable that
such blunder could have been committed
in view Of the fact that "the design and
object of that pOi0er, 1.-THE power to regulate
commerce,) as evinced in the history of the
Constitution, icdS TO establish perfect
equality among the several states as 10 com
mercial rights, and TO preUem unjust ana
inUidious distinctions ,ohich local jealouSie'
or local and partial interests might be DIS.
posed to introduce and maintain" IA How
ards Reports, page 574,) But if the pow
err TO prevent unjust and invidious distinc
tons exist, how is it to be exercised if any
one state may create corporations with un
limited power to levy tribute at pleasure
and without control, upon tho commerce O.
other states
Fake another case in illustration Of this
position. For Eve months each year there
is practically no means of transportation fol
a large section of the country but by rail
roads. Illinois aud Kentucky extend from
the lakes on the north, around TO the Ale
ghany Mountains at the east, thus render
ing it impossible for the products of thos,
states lying west aud south of them. to reacl
a market without passing through their lin
its.
Now, suppose those two states have grant
ed TO all the railroad companies within thei
jurisdiction the right to charge such rate
as they please for transportation, and tina
those roads have become parts OF the grea
through lines of transportation between thu
states to the west of them and the Atlantic
sea.board. Suppose, further, that in sea
son of short crops in the East and in Flu
rope, the managers of those roads combine
purchase large quantity of breadstufs
ship them to the East, and having then
safely stored in New York and other east
ern oities, put up the tariff for transporta
ton so high as to prevent the products Of
other states from going forward. Can any
one doubt that in such case It would b.
not only right, but the sacred duty of con
gress, TO interfere by prescribing needfu
rules and regulations for the conduct Of thi
traffic through those statesf If the powel
doet not reside in congress, it is nowhere
The aggrieved states could do nothing, ant
the people of one.half the Union nigh
starve, while the other half with overflow
ing granarics would be denied the Privileg
of feeding them. 1t is true this is strOnI
case, but its circumstances would change nj
principle of the Constitution; its hardship
and aggravations would create no new pow
ers. II the power be in the Constitution
exists at all times. If it exist for the pur
pose of relieving tho people Of the states j
the aggravated case supposed, it exists 70
all purposes connected with Interstate com
merce. The circumstances do not call it il
to life, though they may demonstrate tn
necessity for its existence and the policy Q
its exercise.-Speech of Senator Window.
There is abundance of testimony to tn
effect that small quantity-half to n tel
cupful-of finely powdered charcoal mike
in bottle Of water and given to bloate
animal will afford speedy relief, Let it
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