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

has decided IN the case where Al,
tation vas q person from Nc spor-
70 Hermitage in the State ~ o,riieans
that Il was a commerce with, Isiana,
sive control Of Congress. and gu ,.ie e1elu-
son that the vessel was eng.a. ~ me rea-
transportation of passengers an n. M 10 The
sippi river between New Orleans 's @issis-
lana and Vicksburg in this STAT - Louis
an act OF the Legislature Of ~. alu That
tempting to control the carrvin ou ~ at
gers on steamboats, in that Sat- % Psssen-
latlon OF the provisions of the Cons,;,a',.a.'o -
OF the United States comforting n I9','S y
gress the power to regulate da O'n-
among the States. See Hall Va JnI NJ
80 U. :. 4S5. In the case of * n,,,. n ulr,
lOs U. ). 629, the same court dsciIISSoyf
q canal constructed wholly in ON. 80. mat
By that State, but forming part ~ y'" I. and
transportation passing tbrnnsS 'ue Of
States than one, or from one S.. more
other, Is within the admiralty iuri.s; y a.
and il would follow that I'M, r ls'.,u'chon
merc'' conducted on it is and.r ,hs.. con-
sive control Of Congress. WV eielu'
II is argued upon the part of a.,.,
that there is q distinction betwssr, ,s rs,'
a natural highway, and am nr,is, %a,f "
but the canal is an artificial wav ,aI . sos
difficult to find reason .or 5is, %u " q
between the water on which the go. .II'a''oa
or other vessels float, and the H." -'''''
over which the cars pass in trqns,'.. ! J.
the same character OF person, on5 Nlg
erty. pOp-
do not suppose il can be seripu.l,
toned that the original ac, AS ny. fg5''
the Legislature violated the proyi.;"
the Federal Constitution under c. ,.'G1' OF
ton, and the Legislature seems In L,,' '.''
cOgniEed that fact, and therefore
effort to avoid this result, pass,d /, ~ ue
mental act confirming its operstions 'sti'e'
sons and property transported lran, pr
place 10 another within the St,,, ,ne
persons and freight transported lr r-p 20
place without the State To "a place wi,l:a
the State, and from place wi,h; s''a a
State to place without the STATE D'
The cases of Mum W.. Illinois. Cb;..
Burlington and Quincy Railroad Con,a.s'
VS.. Iowa; and Peiek VS.. Chicago and Nh
western Railroad Company. All i, ,S
Otto, are relied upon to sustain IN. a.f y"
! ity of the act rs it now stands
The first named case wa, in r.l,,;.,,.
warehouse situated wholly in Illi,oi, w,
does not IN my opinion apply To- the on''
ton under consideration. In The -
case, the railroad about which the Gnu
versy arose WAS wholly within the ST.,
Iowa. The last ease at first yi,W MI
seem to sustain the position assumed 4,
counsel. But IT cannot fairly he sum-
that the court intended 10 dccl.ra Nv.
Interstate commerce might be r,pl,,.,I
by the States until Congress choose ~ rn
ulate 1t, for the same court has often ..aI
that inaction by Congress in this r.na,
is no warrant for State interference r.
opinion is not rs Ineligible as perbs, I,
might have been made hy a iu1,r a..
ment of the facts.
IL was a peculiar case, corporsti r -
Illinois was by the consent Of lbst S,.,.
merged into corporation Of the STAT. "A
Wisconsin, and In express {. rms was Ibs,..
alter to be governed by the laws Of VI.
consin, and the constitution OF Wiscor,a,
authorized the legislation complained a
and the corporation had become dome.
tic corporation OF Wisconsin. altbougL 4.
line OF road extend, d into the Stat, nj mn.
nois. The court said that Wisconsin co,3
certainly regulate its fares, and that .L
regulation effected people outside the Al,
! only incidentally. In any event we has,
not such case before ms 10 the .,rika,
particulars presented to-wiG case vh,s
one State had the power to regulate r.l,.
] On road extending J., yond it, luit. II
will be observed that the court lhroupbou,
treats the corporation as q domestic coma
. ration under the power OF Wisconsin
throughout Its line ui road. The laprusg.
/, of the court H., Thus Wisconsin t. Bfu.t.
ted 10 ltgislate for the CONSOLIDATED cnua.
NY in that State precisely the same o., Il
p would of its own original cumpaui,.. II ro
consolidation had taken place."
4 Ii il sufficient Ia ray without ,Krr,..iug
l. au opinion how far this peculiar condition
of the corporation ought 10 modify thr
rule as to commercial power that th,re /.
no such case presented here, and that he
! question before the court ia this case il an
b open one, 80 far as il relates 10 ihs cuurt
I I he question, however, has been pas,d
upon hy Judge McCreary Of the United
{ States Circuit Court uf Iowa, in theca.e Of
. Kaiser VIZ. Illinois Central Railroad Com
pany, Central Law journal, S3g. in Which
. that distinguished Judge held that a ,lai
ute of Iowa fixing the maximum rate tOls
, charged by railroad companies hr cary
, ing freight within the State j. invalid Is
: 40 far as 10y its terms il apple, to through
shipments, from points within the Staig,s
points without the State, bccause il ia
! regulation OF commerce beyond The Stat,
and il upheld would enable the Slalet0
discriminate against other States.
Q il will be observed that theconsttUlon
! OF Illinois, Iowa and Wisconsin in Which
+, the cases relied upon by defendant, c0us
J -el arose, reserved the right to the L,gisla-
3 lures respectively 10 fix maximum or rgu
! late the rates of charges lor transportation
within the respective States, which is
: right not reserved by the constitution Of
. this State. The rule held by Judge Me-
I Creary is the same r, Gently announced g
judges Baxter, Key and Hammond 10
J the case recently decided at Nashville
= Tenn. Other decisions by eminent Circuit
Judges going TO sustain the same pos.tiul
{ might be referred to, but being satisfied
, that the rule stated is the law ] adopiit
! and applying it to the act Of the leg'la
:, ture complained Of in the BILL hold tio
be in conflict with the constitution oi Oh,
United States, and void This being "
= other questions raised in the bill med nd
be considered, ~ il would extend lh
opinion TO too great length.
The result is that the motion 81 The ,Ou,
plainant must be sustained and VIII "
injunction awarded as prayed Tor in ODE .
bill. r. A. Hill, Judge, etc.