The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-12-24

the convention which framed the consti-
tuition did not intend that the power to
prevent unrestricted commerce among
or between the States, should remain
With the States; but that is far from the
conclusion that Congress was vested |
with the power to regulate rates, and /
this is what the pending bill proposes to
do
The friends of the bill, and among
them of course, Mr.. BARKsDALE, con-
tend that the language of the constitu-
ton as interpreted by the courts leaves
no room for doubt, while the opponents !
of the bill contend that no definition |
which has been given to this language
by the courts or any of them will war
rant the measure which is now being
urged. We doubt not that Congress,
under the comprehensive terms of the
constitution, could and ought to legislate
against such traffic regulations as would
embarrass commerce among the States
but this is very different matter from
establishing cast-iron rule by which
the charges for hauling freight and pas
scngers by common carriers should be
regulated. In truth it is extremely
doubtful if Congress has the power to
regulate the rates of common carriers.
If 1t has the power it is still more doubt
ful if II pugbt D.,
There is this to be said concerning the
authorities relied on by Mr.. BARKsDALE
10 sustain the position occupied by the
friends of the measure under discussion
they lead TO the conclusion that the
states are powerless to act in the prem
Uses: and this brings to mind curious
phase of this controversy between the
people and the railroad corporations.
In Mississippi.as in other States which
have dealt by statute with the matter
of railroad transportation rates, the
terms of the federal constitution have
been in most cases successfully invoked |
TO protect the railroads from State inter
ference, and in the same breath in which |
power in the State has been denied, |
power in Congress has been con
coded. The railroad men, when attack !
ing State legislation, freely admit that
Congress has ample jurisdiction while in |
Congress they deny the power of the
general government but concede it to |
the States There are, however, two /
lines of honest opinion on this subject |
and there are what seems TO be sub |
stantia grounds for both We alude to |
that class of persons who are of the opinion |
that the States have surrendered all power |
over rates of transportation by rail |
roads where the haul is not entirely |
within the limits of single State, and !
that other class, who are of the opinion |
that the power is inherent in the States
and has not been surrendered We be-
long to the latter class, and do not hest |
tate to declare our belief that the posi- |
ton held by US will, at no distant day,
receive the endorsement of the Court |
of last resort.
As the jurisdiction over interstate
transportation rates is exclusive, in our
view, wherever it may be lodged,
W neither in Congress or in the several |
States, we do not understand that any /
one can logically and consistently favor
State and federal supervision over such |
rates at one and the same time; which |
brings us to the point of expressing our
suspicion, for it is nothing more, that
Mr.. BARKsDALE denies or doubts the
power of the States to deal with the sub
ject. We trust that our surmises NAV
prove to be ill-founde6, because if we are
right, the cause of supervision in Mis-
sissippi, by State legislation, has lost its
boldest and ablest advocate
If Congress is to pass any bill on the
subject under discussion, that favored /
by Mr.. BARKsDALE was preferable to
the substitute of Mr.. REAGAN, which has
been adopted by the House. The chief
difference between the two bills is that
the com mittee bill provided for COM
mission and the substitute did not.
Strange as it may seem to us in Mississip-
pi, it was urged in Congress in behalf of
the railroads, that regulation by com
mission was preferable to regulation by
positive statute. This is the view we
have always held, and without stopping
to consider the question of power, it is
beyond doubt to the interest of the pub.
lie and the railroads that the commits
sion feature should be retail ed in any
of legislation having for its
object the correction of abuses by the
railroads. No law can be devised which
would be Of any service at all, which
would not be harsh and oppressive to
the railroads unless in given cases its
iigors could be modified by the agency
Of an intelligent and impartial COM
mission.
On the whole, ave shall not be surprised
If the pending bill fail to pass, and we
are not prepared to say that it ought to
pass. 4,