The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1875-05-06
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 deoieion cannot fail to attrpcU attention
throughout the country, as it practically antici-
pates case in the Granger sinterests 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 a claim of Maryland for $780, 900
from that road under provision of the charter
of that road which provides that 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 it 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 a valid contract, and not I'M
constitutional. The passage in the decision
relative to the general power of Congress over
transportation is something in the nature
of an 0biter dictacno. 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 question
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 occn-
pied the most powerful minds of the
country. This power was exercised in COM
plotting the old Cumberland IDad and the Pacific
railroad. 1t is to be hoped that no occasion
will again arise to make the exercise of this
power necessary, and that the States will not be
SO regardless of their own interests as 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 it's constitr-
tional power to control intel State commerce.
The progress of merchandise must be uninl-
peded. Commercially, this il one country, and
the general interest of tie whole country
demands that there shall be no interference
with the due progress of commerce. No local
interests can be permitted tointerfere with this
great principle, but the rights of the States
must also be protected. Hence, the court de-
cides that the charter of the Baltimore and Ohio
railroad was a legitimate reasonable and con-
stitutioral contract with the State. The opin-
ion is unanimous, with the exception of Justice
Miller, who dissents. 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 inter State commerce.