The University daily. [volume] (Morgantown, W. Va.) 18??-????, 1882-06-09
REGENTS PRIZE ESSAY,
BY +. n. Boysrs.

b.. aB74z
..hs t4$s SUBJECT.
SIS il Expe dient for Congress to
Regulate BY Law Railroad
Travel and Traffic within the
y States h. ~ I NJ HI
The question before us depends
entirely upon the reposition with
in, ." If within means individual
State commerce the question
means nothing. But If it means
interstate commerce it means
everything. The latter we take
to be the intended meaning. 1T is
necessary, therefore, as it has been
so warmly discussed in Congress
within the last few weeks, to con-
slider whether Congress has the
power to regulate, then is it .ex-:
pedient. The Constitution in Ar
ticle l Section 8, clause, 3 says ::
"Congress shall have power to reg
ulate commerce with foreign ma
tons, and among the several States,
and with the Indian tribes. " And
Section 8 Clause 49, confers upon
Congress the additional power
'fTo make all laws which shall be
neccessa ~ and proper for carrying
into exc cution the foregoing pow
ers &C. Further, the Supreme
Court, in its decision rendered by
Chief Justice Marshal n>the case of
Ogden Us. Gibbons, said: Com
merce in its ampiest Specification
means an exchange of goods; but
in the advancement of society, la
Dor, transportation, intelligence,
care, and various means of ex-
change become commodities and
enter into commerce the subject,
the vehicle, the agent, and their
variou S Operations become the OBJ
jects Iof. commercial regulations. :"
Mr.. Justice Baldwin in the Grover
VS.. Slaughter decision IS Peters,
.44o-5I1, said; 'rThat the power
to Iregulate commerce among the
States, is exclusive of any interfer-
ence tte iisses hss .hpen inmy
opinion conclusivey settled BY the
solemn opinion Of this court in
sGibhons VS.. Ogden, and Brown VS..
Maryland. The latter decision.
being III Substance the ssnac as lf1he.
former If these deeisio ions are
not To be taken as the established
construction Of this clause Of the
Constitution, I know of none>which
are not yet open to doubt nor can
there be any adjudications of this
court which must be considered as
authoritive upon any question, if
these are not to be 50 on this"
Other decisions of like character
are 5on record !. some even more
specific, as a R.sR. against Rich
mond and the Wheeling. Bridge
case. But further proof is unnec-
essary, than to give. the opinions
.as expressed in. the report of the
United States Senate committee,
consisting. of Senators Window,
Henry=G, Davis, Norwood, Conk-
ling, Conover, Sherman, Johnson
and Mitchell, in which we find the
following regarding the power of
Congress to regulate !: b.. r.: :. =.
First, 'ThatRthe powers ICON
gress, whatever they may be, are.
derived directly from the people of
the several States, and not from the
States themselves. H>1~ ~ 7
Second, That every important.
word in. the clauses which confer
the power to- regulate commerce
among the several States, and to
make all laws which shall be nee
essary for carrying it into execu-.
ton, has received legislative, ex-
ecutive, and judicial construction,
and under such construction the
power Of Congress to regulate in.
'ter-State transportation BY rail-
roads, and to aid and facilitate
commerce, is clearly; established.
4 Third, 'fThat, in the exercise Of
this power Congress is authorized,
under the grant Of auxiliary power,
to employ such means as are APP
propriate and plainly adapted to
their execution. !. S I.E
Fourth, THAT in the selection
of means by which inter State COM
merce shall be regulated, Congress
may-'sI, Prescribe the rules by
which the instruments, vehicles, and
agents engaged in TRANSPORTING
commodities from one State into or
through another shall begoverned,
whether such transportation is by
land or water. i hi .s.5
. IL, That it may appropriate
money for the construction Of rail
ways Of canals, when the same
shall be necessary for the regulation
Of commerce.
I'll = 5, That lit may incorporate a.
company with authority to con-
struet them. d
"a, That 1T may exercise the
right Of eminent domain within a
Co. - <55 III .%Tafr43 ~