The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-05-14


HaR Dscmr vas 5 suit for dam
sees arising under s statute Of the State
Of Louisiana, which. under the eOnstruc-
ton given to it by the Supreme Court
Of that State required that negroes
on steamboats, within the
State should be allowed TO ride in the
same cabin with white persons. The
statute was held to impose direct bur
den on interstate commerce, and to in
terfere directly with its freedom, and,
therefore, to be an encroachment upon
the exclusive power of Congress Mr.
Chief Justice Waite in delivering the
opinion said:
''The line which separates the powers Of
the States from the exclusive power OF
Congress is not always distinctly marked
and oftentimes ii is not easy to determine
on which side q particular case belongs
Judges not unfrequently differ in their rea-
sons for decision in which they concur.
Under such circumstances il would be
useless task TO undertake 10 fix an arbitra-
nv rule BY hich the line in allcases should
be located. 1t is far better to leave matter
of such delicscy 10 be settled in each case
upon a view of the particular rights IN
volyed."
again, speaking of the character OF
the statute under consideration, he says;
While it purports only to control the
carrier when engaged within the state II
must necessarily influence his conduct, TO
some extent, in the management OF his
business throughout his entire voyage;
His disposition of passengers taken up and
mt down within the State, or taken up
within to be carried without, cannot but
affect in a greater or less degree, those
taken pp without and brought within, and
sometimes those taken up and put down
without, A passenger in the cabin set
apart for the use Of whites without the
State must, when the bat comes within,
share the accommodation OF that cabin
with such colored persons as may come on
board afterwards, ii the law is enforced.
E.r-pdrte Boyer was case growing out
of collision between two canal boats on
the Illinois and Michigan Canal, which
conaects Lake Michigan and the Chica-
90 river with the Illinois and Mississip-
pi rivers, the canal being wholly within
the State of Illinois. By an act of Con
gress the use of certain lands OF the
United States was vested in the State OF
Illinois, forever for canal to connect the
Illinois river with the southern bend OF
Lake Michigan. The act declared, "that
the said canal, when completed, shall be
and forever remain public highway
for the use of the government of the
United States, etc. +"
Under this state of fact the court
held that the canal was within the ad
miralty jurisdiction of the Unitec
States, saying SIT is public acater Of III
United States"
) In Mum q. Illinois it was held tina
where warehouses are situated and thei
business is carried on exclusively within
State, she may as matter of domes
tic CONCERN prescribe regulations TO
them, notwithstanding they are used a
instruments by those engaged in inter
state as well as in State commerce; and
until Congress acts in reference to thei
, interstate relations such regulations cal
be enforced, even though they may indi
rectly operate upon commerce beyond
her immediate jurisdiction.
In Chicago, burlington and Qtine.
Railroad Company +. fora, the eour
say:
The objection that the statute com
planned of is void because it amounts to
. regulation of commerce among the States
, has been sufficiently considered in the cas-
/ of Mum .. IG;1cis. This road, like tn
warehouses in that case, Is situated within
the limits OF a single State. Its cuisines
is carried on there, and its regulation Is
| matter of domestic concern. 1t is employed
, in State as veil as in Interstate commerce
and until Congress acts the State must b
permitted to adopt such rnles and regula
lions as may be necessary for the promo
ton of the general welfare OF the peopl
within its own jurisdiction, even thougl
in so doing those without may be indlreetl!
, affected
Peik q, Chicago and North ecester'
4 IPail,cay Company, Eas bill By mort
gage creditors of the company e re
strain the company from obeying ano
the railroad commissioners from enforc
ing chapter 273, Itews of Wisconsin
1874.
/ Chapter 273 classifies railroads in tn
State, fixes this limit of fare for tn,
transportation Ct any person, classife
J freights and the maximum rates there
for, and prescribes certain penalties anc
forfeitures for receiving any greater rat
} or compensation for carrying freight o
passengers than the act provides. It ap
points railroad commissioners, and pre-
d scribes their duties and powers. Th'
eighteenth section is in the following
words:
"Nothing contained in this act shall b
takep as in any manner abridging or con
trolling the ratesfor freight charged by an,
railroad company an this State for carry
ing freight which coples from beyond tn
boundaries of the State, and to be carried
across or through the State; but said rail
road companies shall possess the sam,
power and eight to charge such rates fo
carrying such freight as they possessed be
fore the passage Of this act )"
To the objection that this statlte wa
regulation of interstate commerc,
prohibited by the Constitution the coHr
said:
"The law Is confined to State commerce
or such interstate commerce as directly
affects the people of Wisconsin. Until
4 Congress acts in reference to the relations
of this company to interstate commerce
it is certainly within the power of Wiscon
sin to regulate its fares, etc, 40 far as they
are of domestic concern. With the people
of Wisconsin this company has domestic
relations. Incidentally these may reach
beyond the State. But certainly until
Congress undertakes to legislate foI
those who are without the State, Wiscon-
sin may provide Tor those within, even
though it may directly affect those with
out.
In Rdfesg u Illinois Central Railroad
Company, Judge HeCrary did say that
the act of the general assembly Of Iowa
providing for a tariff of maximum
charges for the transportation Of freight
and passengers By railroads, in 50 far as
il relates to through shipments over
interstate lines is unconstitutional. but
the authorities cited BY him do not sus-
tain the decision. He ignored PeiEs :.
Railroad Company, supra, making no
mention Of IL; but recognized the right
Of the State to regulate interstate
tariffs.
With reference to the case Of Hall ..
DeCzir. the argument Of The raiIroad