, 1875-05-04
Whiteley and Nettlship Como
to the Surface Once More.
Ono Of the Heavy Cotton Cases Decided
Ia Favor Of the British
Claimant.
interesting Statistics Concerning
the Marine Hospital
Service.
INTERSTATE COMMERCE.
TEN rosykn OF C0EGHEsy IN THE PAKM1BRS.


speeial Dispatch 70 TIE Chicago Tribune.
WAsl11SuIos, u. G., May 3.-The supreme
Court Of this United ssatos, In docidtng tho capi-
tatton cnae between tho State Of Maryland and
the baltimore & Ohio l.ai!road, went somewhat
outside Of tho record to givo All opinion upon
the general rowor OF Congress- to rogn1ale inter-
Slate commerce. T!Ie decsion cani,ot Intl to
attract attention throughout tho country, ~ It
practically Anticipates q case in tho Granger In
terestB and decides tint Congress nnt2cr tlia
Constitution Ina tlle power 10 rogulala con1-
merca between tho Btatos. Tho cass Of tho
State Of Maryland hKaiuHt the baltimore / Ohio
Noad wan claim OF Maryland for s50O,00o
from that road under nrovieion of tue charter
ration tax should ua annually paid to the Rsaso
In consideration of the clnrter. The railroad
entered tho plea that tilo provision Ia unconstt.
tut!onal 10 that it IL an impcdicnt placed w
strncton to tho paasago ct citigcna OF other
States through Maryland. Tho Supreme Court
ruled that tho agreement to pny Tho capstation
tax Ia valid contract mud not unconstitutional
The passage In lilo decision rc1atiro to
THE GENERAL POWER or CONGRESS
over transportation ia HolnethluE IN tue nature
Of ~ ol,ei. dictum. Tho Court, In substance,
says: II ID often difficult to draw tle line be.
t;Feen tho power os State oyer commerce y n I. and
putatlo tl.at tho State cannot impede co'nmorce
IN their attempts to rogutato 1t. Tho question
practically Ia whuro tho regulation Of commerce
by State end8. and tho obhtructiou 10 travel
begina. Tho chief remedy of tho public a9airHt
excessive tolls IL In competition. Tie question
whether Congress las tho power to regu-
lAto Interstate commerce haR occn-
pied tho most powerful minds OF
tho county. Tllis power Vas exercised in COM
lletl,g the old Cumberland load and tho rscillo
Railroad. It Is to bo hoped that no OCCASION will
again ariso to mako tho exercise Of tlifB power
necessary. and that tho States viii not lie 10 re-
garlleas uf thcir own iutorosts al to ondeaYor to
1MposE RESTRICTIONS uroS TnAYIt.
II tue Statea do this they nay expect that
Congress- to protect the cltizons Of tho natinn,
will exercise to tho utmost degros its Constttu.
tional power 10 control Interstate commerce.
Tho progress Of merchandise must be uninl'
pedcd. Commercially, this ia ono country,
and tho general interest of tue Wliole country
demanda TINT thoso ahnll be no Interference with
tho duo progreae Of ooGnn1o1ce. No local inter-
cBts can bo permitted to intorfero With tlts great
principle. but tho rEhta Of tho Stutes must hlse
DO protected. Hence. tho Court decides thai
the charter OF thu baltimore J. Ohio Railroad
vas Legitimate, reasonable. aud constitutions
contract with tho State. The opinion u uuan
imohB. with tho exception OF JnBt1co Millor. wlt
dlesents. His 1fasoilt goes to tho points Of thu
1naia caso, however. and docs not refor to tie
general statement ~ 10 tho po~er Of Congress-
over Interstate commerce.