Omaha daily bee., 1883-10-26
TIE MCRhRY DECISION.

80 W. ~
The decision rendered at Des Meines
on Wednesday by Judge McCrary in the
case Of the State vs.. the Illinois Central
railroad company is important as once
more affirming the necessity of Congress
sional regulation Of interstate commerce.
Judge McCrary held that no State law
regulating the charges of common car
riers can apply to through shipments
originating outside of the State boundar-
les, because such a statute would relate
to a subject which is national in its la
ture and whsse control is especially given
into the hands Of Congress. The posi-
ton Of Judge McCrury is sound on its
face. The power of the State to curb
the exactions of corporate %monopolies
and to prevent and punish discrimina-
tions against citizens and places is unde-
MED and ought to be called into exercise
for the public benefit. But that
power cannot pass beyond State
lines without infringing on the rights
of others. To assume it, would
be to assume the right to discriminate
against the ommerce of other states for
the benefit of the one where statutes
regulating the railroads are in existence.
In other words, if Wyoming and Iowa
possessed railroad laws and Nebraska
none, legislation cutting down freight
rates on through traffic passing through
the territory and state named would GER
tainly result in the raising of rates on
both through and local freights
in Nebraska, where no law was
in operation. On this account
Judge NcCrary's decision is to
advantage of the traffic within the states.
But the chief value of the decision is in
calling renewed attention to the necessity
of a national law for tho regulation of in
state mmerce The right and power
Of Congress to pass such a law is now gen.
orally admitted where ten years ago it was
as generally denied. What is now needed
is q thorough awakening of public interest
to the paramount necessity for its pas
sage and operation. One by one the
states are falling into line in adopt
ing what used to be called
the granger idea of railway
regulation. But such legislation at its
best can only partially meet the evil. 1t
leaves untouched the vast freightage
which originates from points without the
states and which is greater in bulk and
value than the local shipments. This
can never be affected by legislation until
Congress takes the matter in hand and
passes laws which will prevent discrimin-
alton and extortion in through shipments
as effectively as state laws now prevent
them on traffic originating and ending
within the state lines. No state laws
can operate to relieve the Pacific coast
from the extortions which have for years
been practiced upon them in regard to
overland business by the railroad cormor-
ants and the Pacific mail steamship com
pany. No state laws can prevent through
lines in combination with other roads
from making tariffs which are dictated
only by the necessities of stock jobbers,
and from combining to prevent the law
of competition from operating towards
the relief of the people. Congress alone
can give a remedy which will forbid the
shameless watering of the stock Of cor
porations with a view to concealing pro-
fits and forcing additional tribute from
the patrons of com o carriers. The
Reagan bill which has been before two
Congressesh had several objectlonal features
and might be improved in r~emodelling.
but any law based on experience and
drawn with n proper regard to all inter
ests, could hardly fail of being an i'm
provement on the absence of all r~estric-
ton on common carriers of interstate