Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-05-05
INTERSTATE COMMERCE.
The pO wer OF Congress TO LegisIate for
IFS Reg uIatfOn-An Important Point
settled bAr the United States Supreme

The po vFer OF Congress TO LegisIate for
sReeuIatfOn-Au Important Point
EattIed I,>- the United states Supreme
Court.
SDseisl 10 the Cincinnati Commercial.
The Supreme Court Of the United
States, in deciding tbe CapitatiOn case be-
tween the State of Maryland and the Bal
timore and Ohio Railroad, went somewhat
outside of the record TO give an opinion
upon the general power. Of Congress to reg
ulste interstate commerce. This decision
cannot fail to attract attention throughout
the country, as it practically anticipates a
case in Granger interests, and decides t1sb
Congress. under the Constitution, has the
power 10 regulate commerce between the
States.
The case Of the State Of Maryland
sszainst the Baltimore and Ohio road was
claim of Maryland for S5O0,OOO from that
road. under a provision Of the charter OF
that road, which provides that a certain
caDitatiOn tax should be annually paid 10
the State in consideration Of the charter
The railroad entered the plea that the pro
vision is unconstitutional, IN that II Is an
impediment placed by Mary land IN the way
of commerce, and an Obstruction 10 the
massage of citizers Of other States through
L
ebe agreement to pay this capitatiOn tax Is
a vaIid contract and not unconstitutional.
The massage in the decision relative TO the
cereal bower of Congress over transporta-
fiou is something in the nature Of an OJtter
dictluR.
The court. in substance, decides il is
often difficult to draw the line between the
.uower of State commerce and the pTOhlbl-
tion Of the Constitution. 1t IS lndls-
putable that the States can not impede
commerce in their attempts to regulate It.
The question practically is, where the
regulation of commerce by State ends
and the obstruction 20 travel begins. Ihe
chief remedy of the public against eXces-
ssiye tolls is in competition. The question
~{sether Congress has the power to Iegul
late iH.er-Slate commerce has occupied the
most pawerful minds Of the country. ms
mower vv,s exercised in completing the
dId Cumberland road and tie Pa
cifc railroad. 1t is 20 be hoped
that 10 occasion wall again arise
to make the exercise 81 TINS power
necessary, and that the SIStes viii Aut De
so regardless Of their own suIsTests Ss 70
endeavor to impose restrictions u 'oil tIaSel'
If the States do this, they Tay eXpeco LLia'
Congress, to protect the citizens OF Ine n
lion. VIII exercise 10 lne ullHOsL ScsiSg i11
constitutional power TO control interstate
commerce. The progress OF merchandise
Tnusf be unimpeded. Commercially, this
is one country, and the general interest OF
the whole country demands that there shall
he no intsrference with the due progress OF
commerce. No local interests can be per
milted to interfere with this great prinei-
pie. -.-,--t. T.,
7Drotecfed. Hence the court decides that
the charter Of the Baltimore and Ohio
Railroad was q legitimate, reasonable, con
stitutional contract with the State. Inc
opinion is unanimous, with the exception
Of Justice Miller, who dissents. Ills as
sent goes to the points Of the man case
however. and does not refer TO the geheral
statement as to the power Of Congress over
interstate commerce.