National Republican., 1877-08-03
TIE POIVER OF CONGRESS- 0rER ~
TER-STA TIE RAILROADS.

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The Constitution expressly provides that
Congress shall have power to regulate com
merce between the States. Thus far the
benefcent authority conferred by this pro-
vision has not been much exercised. II is
fortunately a very comprehensive and ex-
plicit clause of the Constitution, and il will
require no forced interpretations in order to
make u a foundation of such system Of
national legislation as will remedy many of
the evils from which the country Is now
suffering.
L~9il railroads which extend into two or
more States are virtually national public
highways. Commerce upon them is, there
fore, just as legitimately subject of ma
tional regulation and control as is that car
ried on rivers, lakes and the ocean. 1t is
the duty Of the General Government not
only to spend the national treasures TO i'm
prove the rivers and harbors of the country,
but to use the army and navy Of the United
States to keep those channels Of commerce
from being obstructed by foreign or domes-
tic foes. No one doubts but that the con-
troll which the Government has hitherto
exercised over the foreign and domestic
commerce of the nation on the rivers, lakes
and oceans has been exceedingly beneficial.
II would be very difficult to give any rca-
sons why similar control over the railroad
commerce Of the nation would not be
equally desirable and benefcent.
The great through railroads OF the c0un-
try arc now practically national highways,
aud they should he incorporated and con.
trolled by national authority. Not one
road should have any special privileges, but
the laws regulating them should be general
and uniform in their provisions. In other
words, Congress should pass n general act of
incorporation applicable to all railroads
which lie within two or more States, under
which law all existing inter State railroads
should be reorganized, so that no special
privileges would be enjoyed by any one
road.
This plan would not require any complex
system of legislation. The corporate powers
conferred on railroad companies in the sew
eral States are all pretty much the same in
their character, and IL would not be neces-
sary to materially change their general
powers and privileges except to make them
uniform throughout the United States. The
Government should not, of course, become a
stakeholder in any company thus incor-
porated, but should declare all such rail-
roads military and postal roads, and place
them under the direct protection Of the Ma
tional Government.
The results which would follow the estab-
lishment Of this system for the regulation
Of the interstate commerce of the nation
arc numerous. by uniform code all the
abuses which the old system has fostered
would be broken up, and thus prevent the
formation Of those inside rings which, as
transportation and express companies and
by other similar associations, have plum
dered the general stockholders. Under this
system no time need be lost in calling for
the aid of the Government to suppress riot
and other disorders, for the roads would Mt
all times be under its control and pr0tec-
tion. But IL is not likely that such protcc-
tion would be actually called for, inasmuch
as rioters would generally fear the power of
the National Government too much to care
about attacking it.
Under this system 1t would be proper to
provide for some mode Of arbitrating any
differences which might arise between rail-
road companies and their employees The
decisions OF tribunals established for this
purpose under the authority of the General
Government would command the respect OF
all interested, and thus an end could be put
10 all dangers from railroad strikes and the
consequent arrangement Of the commerce OF
the country.
We think, then, that the present emer-
gency In our national affairs calls upon Con-
gress 10 exercise in the most liberal and
enlightened manner the power which the
Constitution gives it to regulate commerce
between the States. The railroad strikes,
and the consequences resulting from them,
have become a national evil, and require a
national remedy. The recent strikes sus-
pended the operation of fully twenty
thousand miles ofrailroad and inflicted losses
amounting to many millions Of dollars upon
the commerce of the country. Ali these
losses, together with the bloodshed and gen.
eral decentralization which accompanied
them, might have been avoided had these
national highways been under the control
of the General Government.