New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-07
RATLRO1D PROBLEMS.

The recent decision of the Illinois Supreme
Court in the suit brought by the Attorney
General against the Wabash, st. Louis and
Pacific Railroad Company, sustaining the State
law against discrimination in railroad freights,
involves very grave and important questions
The law contested, which distinctly includes all
railroad companies transporting persons or prop
erty through Illinois, whether chartered by that
State or another forbds eXactlng mere than
fair and reasonable fares or freights, and
especially any unjust discrimination between
different customers it is. in short, what is
known among railroad men as an anti-discrim-
nation law of very stringent and punitory
character. The company prosecuted for
violating its provisions contended that as they
were engaged in running trains from and to
other States through Illinois, they were exempt
from State control, and were subject only to
such laws as Congress may pass i'll the exel else
of its power to regulate commerce among the
States.n The State court has overruled the
defence on the grounds that prescribing just
rates of compensation affects commerce only
incidentally; that the law in question only
processes to control fares and freghts for
transportation within the State, which is a
matter of domestic concern and that until
Congress shall enact some anti-discriminatiOn
law, any State DESTROYS to do so must be
allowed to protect her own people against
extOrtion and oppression within her territory
by transportation companies crossing 1t, even
though her enactnents for the purpose may
incidentally affect persons and interests beyond
her boundaries.
1t remains to be seen what decision will be
made by the Supreme Court at Washington !;
for VIC take it for granted that the question
will be carried thither. The interests involved
are immense and the constitutional question
is one of the most intricate OF our time. When
the Constitution was framed, now nearly a
century ago, there were neither railroads nor
steamboats,, and commerce among the States
was confined to few coasting vessels and an
occasional stage or wagon making tedious
Journey through the forests. The power TO
control it was vested in Congress by few
sweeping words which have proved wholly in
adequate to determine modern questions. BY
a series Of Supreme Court decisions the power
of Congress has been declared to embrace
steamboats,, railroads and telegraphs and
individual judges have expressed the opinion
that it Is exclusive in Congress in such sense
that while each State may control its own
domestic commerce, the silence or inaction of
Congress with respect to any branch of com
merce involving two or more States indicates
the will OF Congress that it shall be free does
not leave the subject to State regulation, but
leaves the companies uncontrolled Should
this position one day be taken by the court
officially, the result will be to confne all rail-
road commissions, nti-discrimination laws
and other State enactments to such application as
! they may have upon business beginning and
ending in the same State and to create urgent
necessity for National law regulating COM
prehensively all trunk lines or through travel
The intricacy and completely of the subject
are greatly increased by the fact that one and
the same train carries passengers and COM
modities from one State to another, inter-
mingled with those whose journeys are COM
pleted within State. A ticketscalpiny Office
sells tickets alternately for short and long
journeys Is 1t therefore subject to the State
law as to the one class and only to National law
as to the other Several of the States are now
absolutely forbidding all sales of Intoxicating