The Wilmingtonian., 1886-07-31
nror the Pnalic Meliare.o

lienb w ldhe tcblou IL cdoen Nuere Jue COL
ditions of inter state commerce make such
action incumbent "for the general welfare
the obiectors claiming that such course by
thelFederal authorities is an invasion of State
rights &c.
In the recent oleoi argarine discussion in
the Senate the issue was distinctively
raised.
1t might have beer supposed had those of
our contemporaries erused the Congressional
Record of last week where the debate may
be seen in extenso better understanding of
the whole merits of the question might have
been gained from SeratoT Evarts direct and
full answer to Senator Gray's two or three
questions (some doz,n lines in all and no
speech as is ascribed 10 him) when the Del
awarean Senator simply asked Mr.. Evarts
for information upon the point referred to,
Mr.. Gray implying by his subsequent almost
mouosyllabic questioLs and ultimate silence
after Senator Evarts demonstration of the
legal and constitutional aspects of the case
followed by his (GFay's) acquiescence in
the New York senator's rendering of the
question which was iIg this case the proprie-
ty and constitutionality of Federal action in
certain phases of inter-state commercial
affairs.
The very day after the discussion referred
to case in point developed itself in the
Senate when upon the debate upon inter
state commerce Senator Reagan of Texas,
made the following q,'otation from the New
York Times.
"a circular recently issued for the nfnr-
nation of railroad companies on the Pacific
coast shows that the Standard Oil Company
has used transcontineIsal lines to ruin COM
petitors and build up lbs monopoly as it has
used Eastern roads toAucomplish the same
objects. This circula gives notice that, ow-
ing to the transcontinf utal railroad war and
the cutting of freight rates, the Standard S
construct for specisi rate froId Chicago
westward has been A5Togated. 1t appears
that under this contrast the company's oil
was carried from Chicago to California fol
72l cents per 100 pounds while all other
shippers were obliged 70 pay rate of $1.20.
The contract has been in force since 1884
The roads that have bcen used in this way
to give to this company complete control OF
the OF! trade of the Pacific Slope We're built
in part with Government money and the pro.
ceeds of the sale Of public lands. The facts
in the case furnish strong argument ii
support of proper regulation of interstate
commerce by law
Now, it is plain here is wrong existing
not alone in regard to exorbitant or discrim
mating rates, but wrong, the complexities
of which on account Of the fact of contrastet
and, under certain phases Of contending in
teresJs in contiguous States and section:
through which this transcontinental roaC
runs, would be next to impossible of settle
ment to the satisfaction of interstate rcla
tions except by Federal action alone.
1t is not claimed necessarily that eael
state would have insurmouutable difficultie
in its way where a question of greater o.
lesser advantage arose but contrastedly in
ter-state difficulties would arise positivel,
where the agents Of a corporation belongin,
to one State aided by legislation of that Stat
found it of advantage to place heavier bur
thens upon that section of an Interstate rail
road, or the Interstate traffic passing owe
such road, where the line spanned any re
gion other than its own,
Here the advantage of Federal action nc
cordng to the constitution may be seen.
4 To attain some degree of uniformity OF tax
alton through constitutional action by til
Fcdelal authorities was what Senator Eyart
contendod for in his last speech upon 18th
general welfare" point of the olcomargarin
debate, upon which occasion, and in whie
connection, Senator Gray made no speec
whatever but was simply sitter at the fee
Of his Gamaliel, Senator Evarts
Senator Gray did say something preyiousl
in general may upon the oleomargarin
question, but when that phase Of it, the crit
ical one, of invasion Of State rights came u
the Delaware Senators lips were closed a
far as any expression of opinion depended
the inference being that Senator Evarts al
gumenJ had dispel,cd whatever divergep
theories he (NTr. Cray may have previous
ly held.
The absurdity then may be seen of cred
ting Senator Gray with what he never al
tempted nor accomplished, as is, in such ad
uatory manner credited to him by his oveI
Jealous admirers, viz Of a speech of ''soun
reason and convincing argument shown
the unconstitutionality of Congress in taxin
"for the general welfare" and interfcrin
with the domestic rights Of the States.
Senator Gray opposed the taxation of olec
: margarine. His only reason for so doin
: was his belief OF the unconsttutionality @
Congress in SO doing He maintai4ed tina