The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-22

hess through the local instruments 10 be
employed, after coming within the State,
an3 acting -airecjfy upon the business
a. Is comes lnto the state from without
or goes ous from within. Ihis seems .
10 be foil recognition Of tue di>ginc
ton We have eHdeavored 10 draw be
tween the local Instruments of conf :
merce existing by authority of State
and within its limits, and the commerce
which mas be carried on over them.
Grant that wherever commerce goes,
whether by land or on water, the power
of Congress goes to secure Its freedom
from hindrance or discrimination by
State authority, and it still remains
true that the local instrument and
vehicle of commerce, deriving Its being
from the authority of the State, Is sub /
ject To its regulation, in the essential I
attribute of earning support, and con /
tiuuing 10 perform Its functions, ana I
accomplish the end of its creation; and I
that the only limitation OF the power OF
the State with reference to commerce
among the States, is TO abstain from any
obstruction of its freedom, or any bur
den upon it.
1t may be conceded that State law
requiring companies to give equal ac-
/ coInOdatous on cars going from state 10
State to all passengers, would fall under
/ the condemnation OF the decision IN
( Hall r. DeCUiT, and it would not follow
+ that State regulation OF compensation
! for service must be denied for there Is
wide difference between the exercise OF
! the right To live and act, and those col
lateral matters which do not relate to
the very existence of being, nut TO the
mere convenience.
Congress has not regulated railroads.
They do not owe their existence 10 Con
gress. They do not operate by Its
license. They are State institutions, and
subject to State authority, in subordlna-
ton to the constitutional inhibition of
any restriction by the State of the
freedom of commerce among the several
States; not absolute freedom, but
such freedom as makes no distinction
ton between the rights of persons and
things because Of locality. The COnsti-
tutional provision being consided, was
designed to prevent each State from
legislating with reference to its own
interest, regardless of the interests of
others. 1t should be so construed as to
t accomplish this end, and should be
T limited to that.
: Pensacola Telegraph Company q
. Vest, SO L. :. l, was decided on the
principle that a State may not obstruct
or unnecessarily cucumber an lnstru-
: mentality of commerce, and Of govern
ment authorized by it.
In Lord q. Steamship Co., l02, |. >.
$ 541. the act of Congress limiting the
? liability of the owner of any vessel nav
igating the high seas between parts OF
: the same State, in certain cases specified
D in the act, was upheld as a valid eXer
e else of the power of Congress to regu
e late commerce. In delivering the
e opinion the Chief Justice lays stress or
/; the fact that the vessel, on her voyage:
: between the parts of the State, entered
5 on a navigation which was necessarlly
(, connected with other nations, because
she went out of California and tn,
n United States, and upon the ocean-thC
I common property of all nations.
d What analogy is there between yes
+ sci navigating the ocean, and a railroad
a situate wholly within a State, but con
d Meeting at the State line with a railroad
e in another State? Does it arise from tn
It fact that these connecting roads afford
5 track for trains of cars to be drawn from
o State to State? While the train is il
/ one State it is subject to its jurisdiction
d The instant the State boundary
e. crossed the jurisdiction of another Stat
e attaches. The right of each State t
ID govern within its limits, must be upheld
II This right to govern is limited onl
"a by the Constitution of the State
% and of the United States. The cor
rs tention now being examined is that gov
lie eminent by the State, within its limits
G. of such railroads is denied, becaus
&c Congress has power to regulate con
as meree among the several States. Th
IN reply is that the local instrument c
ne vehicle of commerce existing in tn
IN State by its authority, including til
as trains while in the State are subject [
Of all such regulations adopted by til
at State for their government, as are ne
IN in their nature and effect an impOsitio
re upon or a hindrance of free intercours
oil and traffic between the States. Tt
I'd State cannot, in regulating rates or
re any other manner, discriminate again
or persons or products of other States {
I'd counties, but it may govern all With
ct its limits impartially and Justly.
n the State, cars, and cargo, and passenge
es are amenable to its laws, ai>alough the
n will soon become subject to the laws {
e another State, which possesses like powt
a. of control over them, subject to I'll
he Constitutional restriction against bu
n dening or hindering commerce. An
IN unauthorized restriction, would fall b
IN the silent operation Of the Constitute
al of the United States made effectiN
Nv through the courts; and il may be ADM
es ted that Congress could lawfully legi
"a late on this matter, to the extent nece
It, sary in its judgment to smooth the wa
nd of commerce carried on over railroad
nd from State to State, as many conten,
by and still it would not follow that Coz
y. gress can fix the rates of compensate
or for carriage in a State.
n In Telegraph Co., Z. Tecas, 105 L. S
at $50, it was decided that the business
re a railroad or telegraph company {"
ne commerce ITSELF" and that tax by IL
re State for each message sent, was unlay
be full as an imposition on messages SCI
sc, beyond the State. But that is a widel
as different question from that of the rigl
er of a State to deal with the earnir
in capacity of individuals or corporation
re- Commerce among the different Stat
d, must be free; not free from the cost
on service; not to go without paying i
lg way; but free from impositions on
the necessary effect of which is to hind,
ng it.
it In Mum q. Illinois, "a L. s., 113,
ds was decided that the regulation of war
il houses for the storage of grain, owne
US by private individuals and situated
e Illinois, although used as instrumen
Dg by those engaged in St~te, as well
an those engaged in interstate commerce
was a thing of domestic concern, an
IS, pertained to the State. The warehouse
a. were declared to be no more part
all commerce itself than the dray or I'll
be cart by which, but for them, grain woul
ch be transferred from one railroad static
in to another. This utterance was as
is the effect of the power of Congress
of regulate commerce, and it is observab
on that the distinguished judge who deli
he cred dissenting opinion in that ca
ng did not place his dissent on the groun
re- that Congress had the power to regula
As, the storage of grain in the warehouse
ed This decision affirms the right of I'll
es, State to regulate the business of OF
en- engaged in public employment in thi
lie State, although that business consiste
as- IN storing, and transferring immen,
he quantities of grain in its transit fro
he the fields of production to the marke
nd of the world
or The regulation of a public emplo
As ment conducted in State by natur
BY persons belongs to the State in who.
" jurisdiction they are. There can be I
ed distinction between natural and artifici
RS, persons except this: Natural persor
ms possess rights not conferred by the Stat
to while corporations depend on the act
Ia their creation for their rights an
Id | pOWerS They must exist and act