The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-28
osion that if they engage in interstate commerce

before sny railroad charter was granted. There
IL as much reason and necessity ior regulating
gable waters. II through lines from the Atlantic
to the Pacific may be regulated n one way by
Illinois, they may become the victims OF unfriendy
legislation aud each State acting for its own In
terest, may consider those VI other States and
may legislate against them. Ii is likely the people
OF the several States, acting separately, would
be less able TO protect their rights against
the power OF great corporation, which by their
wealth, Establishments and natural power in the
States through which they pass would have undue
influence in controlling legislation defeating the
execution OF their laws. The States acting sepa-
ratey m negasse snese gaeas
are concerned. The extent and character OF the
power are left to the discretion OF Congress. sub
jet to the restrictions OF the constitution that
they shall be OF uniform character and no advan-
tage shall be shown to one State over another.
Following the analogy Of the power over naviga-
ton, Congress might adopt regulations looking to
the safety OF passengers regularity OF trans. uni
fOrmity OF operation. certainty OF connections,
inspections OF tracks, bridges and locomotives
and many other particulars tending to promote
railroad system and the interest and convenience
OF the people. The power Of Congress to regulate
nectiOn with navigation, but that does not dis
prove its existence, tor the powers Of government
lie dormant until occasion calls them forth. Cheap
ness, uniformity OF operation, speed, convenience
and safety, all point to connected roads and
through lines, and ahese, throughout their length,
should be
REGULATED BY UNIFORM METHODS
and laws The power TO regulate commerce In
cludes the power to regulate the common carrier
Railroad companies are common carriers and rail-
roads are public highways. Common carriers are
required to carry for al persons and At reasonable
rates. Is there doubt that the State in one case,
or Congress IN the other, may determine what
gard to the State it must arise from the charter
giving the company power to regulate freights
and lares IN the nature OF contract between the
questioned, but which he would not discuss. But
such contract Is not binding upon Congress, and
merce. The constitution says no State shall pass q
law impairmg the obligations OF contracts, but this
4 State can make no contract with Cor
porations which would restrain Congress, however
railroad company to fix rates is but the power Of
the state granted IN it's charter. Whatever
ect to the condition. That if the railroad engage in
Interstate commerce 1t Is liable to regulation by
Congress.
by direct Legislation or exorbitant taxes freight
or passengers What y, the state may not 90 by
has uncontrolled power directly or indirectly
upon the commerce Of other States com.
PEELED to pass across its territory. It was
Intended By the rams1s Of the constitution that
merce, and that no State lying across the path of
commerce should be permitted to make unjust dis
| four months in the year the commerce OF Wiscon-
sin, Minnesota Iowa and Nebraska, and that over
|
southern point Of Lake Michigan in Illinois; and II
that State, in defiance OF Congress- by direct legis
and rs serrtores It
has q vast power for the oppression Of the North
OF government. transportation is such an es-
I sential element OF commerce that II State pos
sesses supreme control over it It may destroy it.
the Reading Railroad vs.. Pennsylvania, where the
Supreme Court decided that a tax BY the State on
freight taken out of or into the state was a COM
mercial regulation and unconstitutional Each
! State may regulate commerce internal to ITSELF
and in the absence of Congressional legislation
may make regulations for commerce passing
across ITS territory. provided it does not impose
determinations; but all such regulations AFFECT
| Interstate commerce, however merlt0ri0us in
character or Intention, must yield to the legisla
ton of Congress- 1t Ia field Of jurisdiction that
States may occupy in the absence of Congressional
legislation, subject to the conditions Just named
| Railroad companies have power to tx rates for
freight and in the absence OF restraining
legislation by the State or Congress, except 80 far
as modified by the principle OF the common law
! able rates.
amendatory Of the act for the removal of suits in
certain cases from State courts. Referred to the
Committee on mn the -, JSd ass1, QUESTION
M MI; sasRMAS; Gepl Of Ono, moved that the
Mr.. BAYAnn (dem) Of Del, said he desired to
address the Senate but Vas not ready to speak
60 over till Thursday, unless some other gentle
man desired to speak. The senator from Wiscon
sin (Mr. Carpenterl would address the Senate to-
morrow on the Louisiana matter.
MIR. CARPENTER said ne was not sure that he
man (Mr. Bayard) could proceed in the morning.
Mr.. BAYARD agreed to do so.
Mr.. SHERMAN said 1t was his desire to close the
DEBATE on the resolution az soon as possible.
Mr.. SUMMERS CIVIL RIGHTS BILL.
e5 9s & 20 s ss
by Mr.. sumner on the first day OF the session, sup
Elementary to the act to protect all citizens Of the
the means Of their vinlicstion.
Mr.. HOWE, (rep.) Of Wis, SAID he desired to SUBJ
nit some remarks on the bill, but was not ready to
Mr.. FERRY, trep.l Of Conn.,, moved that the bill
" Mr. t' susSER said there was very good reason
why this bill should not be referred to that CON-
mittee: 1t had twice been before the committee,
there. The Senate had acted on the bill Com
mittee OF the Whole. He could see nothing in the
pOsns time mpedment and dey me e' bin
stood No. one on the calendar, and should have
tried to have 1t acted on then, but was resisted by
the Senator nom Connecticut (Adr. Ferry and the
ner1 appealed to the senate to take the b in its
own hands. now that the necessity for its passage
was manifested every day BY the outrages perpe-
Mr.. FERRY said ne was glad the bill had been
reached. He opposed 1t heretofore and was still
against 1t. The subject matter OF Il was for state
police and not for national legislation. For the
federal government 70 interfere would be gross
and 30 long as he was q Senator of the United
States he would not sit quietly In hts seat and
allow the constitution to be violated without at
least having preliminary examination by a COM
mittee.
Mr.. EDMUNDs said that the people whom he rep
resented mad been much longer In favor OF equal
rights than the people OF Massachusetts, and did
not yield to the people Of that State or their repre-
sentatves In their love for equal justice But the
kind OF equality which the people Of Vermont de-
sired to see was that which would be enectual.
He (Mr. Edmunds) did not care what committee
the btu went to, out hoped It would be made per-
feet and efrectual in its machinery, SO that no re-
luctant judge might ind the excuse, in its ma
chinery being defective, for not carrying out its
discussion upon the general cOnstitutionality OF
the bill, but thought 1t should receive the careful
consideration OF a committee.
Mr. STEWART. Of Nevada, favored the reference
in order that the bill might be perfected.
SUMNER DEPENDS THE BILL.
Mr. SUMNER argued that the bill was perfect and
not in connlct with the constitution. 1t should not
be referred until the settlement OF this question.
The great results of the would not be secured.
His desire--he might say, the darling OF his soul