The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-21


The Regulation Of Charges.
This being settled we come to the consideration
OF the second proposition, which is that the power
to regulate commerce may be exercised by enact
and companies engaged in 1t as public or
common carriers Shall charge no more
ana ssa IN pa'es cas ier 6 cn cn Gnrag
extortion. 1t would seem almost selfevident that
to SO regulate charges is to regulate commerce.
me term 'regulate'' sgnihes TO fix or establish
rules or regulations for the government or control
OF some particular thing. Hence it was said by
Chief justice Marshall in Gibbons VS.. ogden,
that commerce is regulated by prescribing the
rule by winch Congress Is to be governed" Can
there be doubt put that to nix the rate OF toll
compensation TO be taken by those engaged in car
ryng on commerce is to prescribe such rule ?
Let 1t be remembered that we are not now to con-
cnarses 10 feasohaDle regulation or not. The
question Is not whether such q regula-
or improper expedent or eiSgss
but simply, whether 1t Is regulation II il
prescrlbes rule to be followed in carrying on
Commerce then it Is regulation OF commerce
That 1t does prescribe such d rule Is plain. The
rule prescribed IS that, 'in carrying on commerce
upon railroads between points in different States
reasonable rates may be charged and not moreu
II That is not regulation what is it2 The power
Of Congress npon this subject has no limitation
other than those prescribed ia the constitution
Itself. Upon this subject Chief Justice Marshall,
in his opinion, already cited Gibbons vs.. OGDEN
used the following strong ianguage:-
the power to regulate that is to prescribe the rule
BY which commerce is 70 be governed This power like
Veseu III congress, complete itself:
be exercised 10 Its utmost extent and acknowledges
limitations, other than prescribed the con titu-
ton These are expressed In plain terms and do not
anect the questions WHICH arise in this which
have been discussed az the bar IL has always been
understood the sovereignty Of Congress though limited
to specified objects i pienary as &c those SUBJECTS the
power over commerce with foreign nations
the several states vested in Congress absolutely as
II would be In single government. having IN its con.
sution the same restrictions the OF the
power are found in the constitution Of the United
States.
The wisdom and discretion Of Congress their identity
with the people and the influence which their constt-
elections, this. ~ thor
instances that for instance OF DECLARING war; the sole
restraints which they have relied 10 secure them
from its abuse they are restraints which the people
must rely solely in all representative governments.
II the language here quoted gives the true mean
ing OF the constitution, OF winch there can be no
aouDt then the power Of Congress In the matter Of
controlling and regulating interstate commerce. Is
coextensiye with the power OF the states over their
completely internal commerce and II the power
OF q state over Its own commerce Is, for any rea-
son, less than ''plenary,v then the power Of Con-
press within its sphere Is necessarily greater than
that OF sach state, for the power Of Congress can
pc limited only by the terms OF the constitution OF
tne United states. IL will hardly be claimed, how
ever, at tins dag, that State has no power &c fix
or limit the charges OF railroads within It's terri
soiy mat they have sucn power is now generally
cohceoed' The power Of the state over the rail-