The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1875-05-07
INTERSTATE COMMERCE.
Important DecisiOn-The Supreme Court
Declares that Congress has the Power ia
Regulate Interstate Commerce.

Important Decision-The Supreme Court
Declares that Congress has the Power to
Regulate Interstate Commerce.
The Supreme Court of the United States, in
deciding the capitation case between the State
of Maryland and the Baltimore and Ohio rail-
road, went somewhat outside of the record to
give an opinion upon the general power of
Congress to regulate interstate commerce.
This decision cannot fail to attract attention
throughout the country, as it practically antic-
pates case in the Granger interests, and de-
cides that Congress under the Constitution
has the power to regulate commerce
between the States. The case of the
State of Maryland against the Baltimore and
Ohio road was claim of Maryland for $500, 600
from that road under provision of the charter
of that road which provides that a certain CAPT.
tation tax should be annually paid to the State
in consideration Of the charter. The railroad
entered the plea that the provision is uncon-
stitutional in that 1t is an impeachment placed
by Maryland in the way of commerce, and an
obstruction to the passage of citizens of
other States through Maryland. The Supreme
Court ruled that the agreement to pay the
capitation tax is valid contract, and not I'M
constitutional. The passage in the decision
relative TO the general power of Congress over
of an Obiter dict,tm. The Court, in substance
says 1t is often difficult to draw the line be-
tween the power of State over commerce and
the provisions of the Constitution 1t is indis-
putaple that the State cannot impede commerce
in their attempts to regulate it. The questo
practically is where the regulation Of commerce
by a State ends and the obstruction to travel
begins The chief remedy of the public against
excessive tolls is in competition. The question
whether Congress has the power to regu-
late Interstate commerce has occp-
pied the most powerful minds of the
country. This power was exercised in COM
pleting the old Cumberland road and the Pacific
railroad 1t il to be hoped that no occasion
will again arise to make the exercise of this
power necessary, and that the States will not be
80 regardless of their own interests to en-
deavor to repose restrictions upon travel. If
the States do this they may expect that Con-
gress, to protect the citizens of the nation,
will exercise to the utmost degree its constitu-
tional power to control inter State commerce.
The progress Of merchandise must be unim-
peded. Commercially, this is one country, and
the general interest of the whole country
demands that there shall be no interference
with the due progress of commerce. No local
interests can be permitted to interfere with this
great principle, but the rights of the States
must also be protected. Hence, the court de-
cdes that the charter of the Baltimore and Ohio
railroad was legitimate, reasonable, and con-
stitutional contract with the State. The opin..
ion is unanimous with the exception of Justice
Miller, who dssents. His dissent goes to the
points of the main case, however, and does not
refer to the general statement as to the power
of Congress over Interstate commerce.