Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1874-04-09
The National Transportation Bill.

recently passed by the U. S. House
Of Representatives, by a close vote
1t seys that "the grounds on which
the claim is set up that Congress shall
take into its charge and care the bust
ness of railway freight transportation
have been examined with such
thoroughness as to leave no further
argument to those who are its advo-
Gates. Such an assumption of power
by the Federal Government, were
it Constitutional in every respect as
it assuredly is in none, would be i'm
polite and dangerous in the last de-
gree. The assertion that the power
to fix freight rates between the States
is derivable from the clause of the
Constitution empowering Congress
to regulate commerce is so shallow a
pretence, and so entirely without a
footing, as to be undeserving of furth-
er serious treatment TO argue from
that same clause that Congress can
regulate the rates offreight for vessels
that trade from one State to another,
would be no more preposterous than
to maintain that the railroad system
which connects the States for purposes
of mutual intercourse comes within
the purview Of the Constitution in any
similar particular. The railroad char
ter is State grant, to begin with.
1t is the State alone that gives the
right Of way. The State has repeated
ly asserted its supervisory authority
and continues to do so still. 1t is for
the State authority alone to absorb a
corporation or revoke its charter. In
fine, the railroad is the creation of the
State, and no more derives its life and
power from Congress than from the
Supreme Court or the Executive. 1t
lies wholly out of the sphere of Con-
gress. The mere fact of a territorial
junction of different roads does not
and cannot change their original char
acter Or the derivation of their privil-
eyes.
This, then, is complete and sufi-
cient answer to every claim of Federal
power in the operation of the rail
roads. If it cannot create, it cannot
by purity of reasoning control. A
State railroad, whatever it connects
with, does not thereby acquire a Ma
tional character. 1t is still a State
affair, and nothing more. The whole
question may be fairly turned on the
single point of the right of way, or
what is known to the books as emin-
ent domain. The right of eminent
domain, outside of the Territories,
resides only with the States. The
Federal Government cannot 90 into a
single State and order citizen off
his land for the accommodation of a
railroad corporation under a franchise
of the States granting. But the
State can do it, and there is no ade-
quate resistance Congress cannot 90
into State and take even land enough
for erecting Federal forts, custom
houses, court-houses and penitentia.
ries, without having secured the prior
consent of the State itself. Local
sovereignty over territory is supreme.
The Federal sphere does not include
that Of the State in this respect, any
more than it does in several other
very important ones. The express
language of the Constitution is, that
Congress may exercise authority
similar to that in the District of Co.
lumbia cover all places purchased
acah the consent Of the Legislature of
the State in which the same shall be,
for the erection of forts, magazines"
and so forth. Therefore if the right
OF eminent domain resides only with
the State, it is at the basis of the rail-
road franchise, since no road can 90
where the States supreme authority
will not permit. 1t is an authority
which, as it is inalienable, cannot be
usurped. This fundamental point
being conceded, the claim of Federal
right to control and operate a railroad,
which is only State corporation, be-
comes an assumption without the mar
rowest margin of ground to stand
upon. 1t is stated that the Senate
will reverse the action of the House
on the present bill, and it certainly
should do so.