The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-05-06

paramount, the question Is practically re-
duced to this: What amounts to regulation
Of commerce between the States, or to a
discrimination against the citizens Of other
States? s.t s,-a. .a
This is often difficult to determine. In
view, however, Of the very plcnary power
which State has always been conceded to
have over its own territory, its highways, It's
franchises. and its corporations, we cannot
regard the stipulation in question as amount
ing TO either Of these unconstitutional acts.
1t is not within the category OF snch acts. It
may incidentally affect transportation. it is
true; so does every burden or tax imposed
on corporations or persons engaged in that
business Such burdens, however, are i'm
posed diuerSo intuitu and in the exercise OF
an undoubted power. The State is conceded
TO possess the power TO tax Its corporations,
and yet every tax imposed on carrier cor
poration affects more or less the charges it is
compelled to make upon its customers. SO
the State has an updoubted power to exact
bonus for the grant OF franchise, payable IN
advance or in future, and yet that bonus will
necessarily affect the charge upon the public
which the donee of the franchise will be
obliged to impose. The stipulated payment
in this case, indeed. is nothing more nor less
thar a bonus and so long as the rates of
transportation are entirely discretionary with
the States such 3 stipulation Is clearly With
Ia their reserve powers.
Of course The question will be asked
and pertincntly asked, Has the public no
remedy against exorbitant fares and freights
exscted by State lines Of tranSportationS We
cannot entirely shut our eyes to the argu-
ment ab inconDenienti. But it may also be
s>ked. Has the public any remedy against ex.
orbitaRt fares and freghts eXacted by the
steamship lines at sea9 Maritime transpor-
tation is almost Us exclusively monopolized
by them as land transportation is by the rail-
roads. In their case the only relief found is
in the existence Of fear Of competition. The
same kind OF relief should avail in reference
TO land transportation.
Whether, in addition to this, Congress. under
the power TO establish post'roadS, 10 regulate
commerce with foreign nations and among
the several States, and TO provide for COM
mon defence and general welfare, has au-
thority to establish and facilitate the means
Of communication between the different parts
of the country, and thus to counteract the
apprehcnded impedimentS referred TO, Is
question which has exercised the profound
est minds of the country. This power was
formerly exercised in the construction OF the
Cumberland road and other similar works.
1t has been more recently exercised, though
mostly on national territory, in the establish
mcnt of railroad communication with the
Pacific coast. But it is to be hoped that no
occasion will ever arise to call for any general
exercise of such a power il it exists. IL
cen hardly be supposed that lndlvldusi
States, so far as tLey have reserve or still
possess the power to interfere, will be so re-
gardlesS Of their own interest as TO allow an
obstructive policy to prevail. Il, however,
State Institutions should become so consoli-
dated and powerful rs, under cclor Of ire
vocable franchises already granted, to acquire
absolute control over the transportation OF
the country, and should exercise it inJuri-
ously to the public interest, every constitu.
tional power OF Congress would undouOt-
edly be invoked for relief. Some of the
States are so situated as TO put IL in their
power or that Of their transportation lines TO
interpoSe formidable obstacles to the Tree
movement OF the commerce OF the country.
should any such system OF eXactlonS be
established In these States as materially to
impede the passage OF produce, merchan-
disc, or travel, from one part of the country
to another, it is hardly to be SUPP ro>ed that
the case Is 4 CdS1S 07ntSSuS III the ConStltu-
ton. Commercially, this is but one country,
and intercourse between all its ports should
be us free aS due compensation to the carrier
interest will allow. This is demanded by
the general welfare, and is dictated by the
spirit OF the Constitution, at least. Any
local interference with it will demand from
the national legislature the exercise of all
the just powers with which it is clothed.
But whether the power TO afford relief
from onerous eXactions for transportation
does or does not exist in the general govern
mcnt, we are bound to sustain the con>titu.
iioual powers and prerogaivcs OF the States
Us well rs those Of the United States when
ever they are brought before us for adjudica.
ton, no matter what may be the conse-
quences. Aud in the case before US we are
Of opinion that these powers have not been
transccnded.