Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1874-04-01

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For instance, it would be an unequal anf
Unjust regulation of commerce if the Con
gress of the United States should declare
that one class of passenger-boats might rur
with greater pressure of steam to the
square inch than another class, because
they were navigating different waters o.
carried fewer passengers; or to say tina
one class of vessels should have one elias.
of accommodations for passengers, ant
another although similar, class of passen
ger vessels should have another kind
Mr.. BUTLER, of Massachusetts, Will i
disturb the gentleman if ask him ques
ton at this time?
Mr.. WILLARD, of Vermont No, sir.
Mr.. BUTLER. of Massachusetts. l desir,
to ask the gentleman whether this pro-
vision requires uniform regulation In
regard to quarantine, one regulation OIL
or New Orleans, for instance, might be put
in quarantine; and there might be another
regulation that there was no occasion fol
quarantine at Postland. Maine. That
would be a regulation of commerce. but
1t would not be uniform.
Mr.. WILLARD. of Vermont. l agree
with the gentleman. and for the reason that
in the case he puts the regulation would
only be applied 10 the ports where there
was supposed to be need of it, but if the
regulation was not applicable to every port
in danger of infection, it would not be uni
form. 1t is not that if these commissioners
should establish freights for one railroad,
and should not establish them for another,
there would necessarily be violation of
what ought to be uniformity in the regula-
ton of commerce; as it might happen that
some of these roads now charge such low
rates that no one would think of reducing
them; although the regulation would GER
tainly lack uniformity if the law did not
make ii applicable to all the railroads of
the country; and it would besides be par
tial. unequal and unjust. But in the very
nature of the case the proposed regulation
cannot be uniform. 1t is not one law for
all. or one price for all, and cannot be.
Let me illustrate and | will come to the
other point in relation to the ports of entry
further on.
| understand that this bill is based sub
stantially on the Illinois legislation upon
this subject. AS | understand, the com
missioners under the Illinois legislation, or
the board, or whatever it is, that settles
the question there, have classed the various
rails Dads in the State of Illinois in proper
ton to the net profits of the business of the
road. For instance, the Chicago and Alton
Railroad is put into the first class. as :,
railroad that has $4,000 net profit per mile
while other railroads doing u less profitable
business are put in other classes. There
are. | think, four classes in all. They
have determined in that State that freights
carried over the Chicago and Alton Rail
road shall pay a certain price per ton per
miles much less per ton. us | understand,
than the charge for freight that is carried
over other roads in the State which have
not so large or profitable business. This
| agree, is Just rs between these roads; but
it does not seem to me that it can in any
sense of the word be said to be a uniform
regulation.
In other words, ii seems to me, the OBJ
lection is that, in the nature of things, it i:
impossible to regulate this matter in any
way contemplated by the Constitution
under the clause in relation to regulations
of commerce, without establishing nearly
rs many different rates IT'S there are differ
ent railroads. Can this be a uniform regu
lation? Let me illustrate further | sup
pose whatever else may have been in tn
minds of those who framed that provision
of the Constitution as 10 the regulation o
commerce, 1t was unquestionably ntem
plated that the regulations could only b.
ma Z by Congress in cases where no othe
proper regulations could be made o
established; in other words, where Their
WAS no other power competent to max
regulations. OF course interstate commerce
in the ordinary sense in which we speak O
il, can no more be regulated by one Stat
than foreign commerce can be regulated
by ono State; we all understand that
/ Therefore, if it is regulated at all, il mus
/ he regulated by the Federal Government
/ But when we come to look 1T the question
/ from the other side AMI see an attemp
made to regulate it in some specific way
may we not say with great force that tn
/ fact that You cannot make Il uniform regu
! iation, Il regulation that will apply to al
railroads alike, shows that no such regula
/ ton should be attempted? l. it not eviden
from this aspect of the question that n
Suchregulation was contemplated by thos
who made the Constitution, since it is :
manifest that it must lack every elemen
of uniformity?
/ Mr.. G. F. HOAX. Allow me 10 ask til
! gentleman whether Il rule of law providing
| that the charges for carrying freight @
| passengers should reach only "a REASONABLE
sum, and no more. would not be uniforl
! in every constitutional and legal SENSE
although the reasonable sum might var
| in each particular case?
Mr.. WILLARD. of Vermont SO far :,
that question is pertinent to the discussio
will reply TO it, although | was intendin
in another part of my argument to max
lllusion to common carriers
Mr.. &. F. HoAR. Ny question relate
directly to the point the gentlemanlis no,
discussing.
| Mr.. WILLARD, of Vermont. | do nc
understand, Mr.. Speake-, that the regula
ton of rates of freight transported b
common carriers is based upon the powe
of governments to regulate commerce
and | suppose that whenever that regul;
| ton is resorted TO, the sovereign power 1t
sorting to it would have the right to decid
arbitrarily in the particular circumstanc,
what should be the nature of the measur
adopted
! Mr.. G.. +. HoAK The gentleman doe
not understand my point. He is argun
| that the railroads in different circumstar
CtS ill.tN Cliitl re uiHeIcHt rates lot the sam
character of freight carried similar listar
ces; and hence he urges that it is impo,
sible for us to adopt a regulation whic
shall be unif 'rm. Now. my question
whether a rule of law which should requir
the railroads in each specific case to chare
only IL reasonable sum. and which shoul
provide IL means of ascertaining the SUI
and enforcing the obligation. would not |
uniform within the meaning of the Con
| stitutiOn.
Mr.. WILLARD, Of Vermont. / think
clear that it would not be uniform in tt
sense intended by the Constitution. IT
word = uniform " is not used in the Coz
sttution in respect to the regulation
commerce; and | have suggested it as
serious difficulty, and because it seemed
me to be strong objection to any COZ
gressional interference with this matte
that it is quite impossible for Congress
adopt any rule that will apply to any tv
) railroads alike. A reasonable rate cam
be Il uniform rate, unless it is the san
rate for puua1 distances apv moro tban