Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1874-02-19
THE IOWA VOTER.
From tbs Gate CITY.
RedleId ON Interstate Rail-
WAY Control.

RedneId ON Interstate Rail-
way Control.
The highest authority a. TO opin-
ions OF railroad law In the United
States, is unquestionably Judge Red
field. He has given the subject
longer study than any other lawyer
in the country. and certainly as pro-
found. 1t Is gratifying then that he
has contributed TO late number OF
the American Ld,o Register an article
giving his opinion as to Congression-
@! control OF railroads. The McCrary
bill, and the able and unanswerable
report with which he accompanied 1t
In the Committees report TO tie
House; the recent very able speech
OF Mr.. Morton In the Senate taking
substantially the same ground; and
the full debate that will follow In
both Houses Of Congress when Nc
Crary's bill comes up for action, con-
splre, in addition to the importance
OF the subject, to give this whole
matter a present and pressing inter-
est. So we make no apology for Of
fering here a pretty full synopsis OF
Judge Redfield's article. lie says:
We have been laboring in our
humble way, ever since we have
made the study OF Railway Law a
speciality, which is now long time,
almost the period Of the life of q
generation, to make business men In
this country, comprehend that we
could never have a successful rail-
way system, until 1t was brought
effectually under the control of Con-
gress. 1t seems to have been assun-
ed all along that however desirable
it might be in the abstract, that the
interstate railways OF the country
should be brought under the direct
ion and control Of Congress, the
thing was, In point Of law, altogeth-
or impracticable. But when the
question comes to be fairly examin-
ed, from legal point OF view, with
reference to our complex system OF
government, IL will at once appear
that the State has no power to char
ter or TO build or control highways,
except within their own limits and
for the purpose Of doing business
within the State. The moment any
highway, whether for ordinary trav-
81 or for railway transportation, Is
carried across the line of State, IL
ceases, even as an incorporation, to
owe any allegiance to the State
where it originated. State legisla-
lures can only create corporations
within the particular State where
chartered, and can confer no exclus-
i've rights nor franchises with refer
ence to any action beyond the limits
OF the State where created. These
corporations may indeed transact
business In other States under the
laws OF such States, If so permitted
by such other States; but they can
not, so TO speak, In any sense, emf
CRATE to other States, or carry any
Of their exclusive or special corpor-
ate franchises into such States.
Judge II. illustrates this by decis-
ions of the U. s. Courts.) Acts Of
incorporation in one State would be
of no force for rendering inviolable
the rate of fares or freights fixed by
the company, and earned by such
companies, beyond the limits Of the
State; or as against an act Of Con-
gress regulating fares and freights
for transportation across the lines of
two or more States.
The power Of Congress In regard
10 Interstate commerce, viz:
commerce between different States,
whether two or more, Is most unlim-
tied by the very terms of the nation
nj Constitution. 1t extends as far AZ
any national sovereignty extends, In
regard to the regulation of fares and
freights upon existing railways.
Congress has the same power to reg
ulate commerce among the States,
whether upon land or water, and to
the same extent that any national
legislature has to regulate it upon its
railways, or its vessels and ships of
any kind. This will become very
apparent by the consideration that
this power resided to its full extent
exclusively In the States before the
adoption Of the national Constitution,
and that IL was transferred entire to
the national government by enumer-
ating among the exclusive powers
delegated to International government
"thepowcr toregulate commerce with
foreign nations, and among the sey-