The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1885-01-15
REMARKS OF REPRESENTATIVE BARKs-
DALE

u
DALE
We have thus seen that the pow
er of Congress 10 regulate commerce
among the States, whatever may be
it's agency, unquestionably exists.
If it has not been often exercised, it
ia, as has been we'll said, in conse
quence of the extreme sensitiveness
of the States in reference to legisla
tion affecting their interests; and
especially of late in consequence OF
the persistent and INSCRIPTIONS eff
forts of corporations to prevent leg
islation. Nevertheless the power
exists, and though it has been for
the most part dormant, to borrow
the metaphor of n learned counsel
in the Passengers Cases, it has
slumbered like electricity in the at,
mosphere, unseen and untelt, until
its forces are concentrated in the
thundcrbolt of the law. There is an
avalanche of testimony invoking its
vigorous exercise now.
There are l25,0OO miles Of rail
roads in the United States. repre-
>enting capital Of $4,000, ,O0O,0O
They penetrate every part of the
country. They conduct q business,
which in one way or another, is in
terwoven with every other interest
of the country; an i they are rapid.
ly increasing in numbers, in re-
sources, and in power. Their chsrg-
es are not controlled by competition.
1t is maxim of railroad corpora.
tions that when combination is
possible competition is impossible" "
And they have reduced the practice
of combination to a science, thus
placing every industry ard every
rson who has business relations
with them, of whatever kind, com
pletely at their mercy. Twenty
four States Of the Union have, to
the extent of their capacity, provid
ed legislation to protect the public
against the extortions Of these com
mon carriers, but their juris fiction
is restricted To State lines. Most OF
the commerce of the country is Inter
State. Though Stale legislation is
doing a great deal in protecting the
public, it is powerless to correct the
worst evils and accomplish the chiel
desideratum. The STATES ACTING
SEPARATELY CANNOT ESTABLISH A UNI
FORM SYSTEM OF REGULATION. THAT
DUTY DEvoLvEs UPON CONGRESS.
The question has been raised as
to the extent to which State legisla-
ton can he carried. Lately there
have been decisions by the Supreme
Courts of two OF the States directly
opposite. The Supreme Court OF
Illinois holds that the State can reg
ulate charges TOR transportation
from points without the State. The
Supreme Court of Iowa has an
nounced different conclusion
These con dlcting decisions show the
necessity of a uniform system appli
cable to all the States. In Tennes-
see the United States District Court
has suspended the operation of the
State law designed To regulate com
merce within the, State on the
ground that it overleaps Slate lines
and is repugnant to the clause q
the Constitution of the United
States authorizing Congress to reg
ulate Interstate commerce. In
Mississippi the operation of the sc'
of the Legislature to carry int
practical effect the doctrine of its
right of supervision in the interest
and for the protection of the people
has been stayed by decisions of in
ferior Slate ana United States
Courts. The necessity for genera
Legislation is urgent and impera
tive.