Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1886-10-26
RAILROAD RATES AND TOLLS.
The Rights of States as Defined by tia
SnDrerne C0mrf.

| The Rights of States as Defined by she
| Supreme Court.
WASHINGTON, Oct. 25.-The Supreme court
| of the United States rendered decision to-
day in the case of the Wabash, st. Louis and
Pacific railroad company against the people
| of the State of Illinois brought up on a writ
of error from the Supreme court of Illinois.
The question presented as it came to the
court was the general subject of the State
legislature to regulate fares and tolls for pas
sengers and freights over railroads within
their limits. The specific charge was that
the railroad charged parties in Gilman, Ill,
twenty five cents per one hundred pounds to
carry their goods to New York city and
charged other parties in Peoria, ILL.,, eighty
six miles nearer New York city, only fifteen
cents per one hundred pounds to carry their
goods to New York city. The case was tried
in several Illinois courts with. varying results
until the Supreme court of the State held
that this discrimination was in violation of
State laws and rendered Judgment against
the railroad. The decision of the Supreme
court is in effect that the State law regulating
charges cannot apply to Interstate traffic, as
such appreciation would trench upon the
constitutional power of Congress and be
damaging restriction of the freedom of traf-
fc. Justice Miller, who delivered the opin-
ion of the court, says on this point:
sfOf the justice or propriety of
the principle which lies at the found
alton of the Illinois statute, it
is not the province of this court to speak. AS
restricted to transportation which begins
and ends within the limits of the State it
may be very just and equitable, and it is
certainly the province of the State to deter
mine the question. But when it is attempted
to apply to transportation through. an entire
series of States, principle of this kind, and
each one of the States or of half dozen
States shall attempt to establish its own
rates of transportations, its own methods to
prevent discrimination in rates, or to permit
it, the deleteTious influence upon the freedom
of commerce among the States and upon the
of goods through those States
cannot be overestimated. That this species
of legislation is one which must be, if estab-
lished at all, of a general and national char
acter and cannot be safely and wisely remit
ted to local rules and local regulations we
think is clear from what has been said And
if it be a regulation OF commerce, as we think
we have demonstrated it is, it must be of
that national character and the regulation |
can only appropriately be by general rules |
ano principles winch demand that 1T should |
be done by the Congress of the United States |
under the commerce clause of the constitu-
lion. The judgment of the Supreme court |
IF Illinois is therefore reversed and the case |
to that court for further proceed |
ngs in conformity with this opinion"
Chief Justice Waite, Justices Gray and |
Bradley dissent from the opinion of the court,
holding that Congress not having legislated |
% prevent unjust discrimination, the State
If Illinois has the power to do SO. The dis
enting judges think the effect of the present |
lecision will be to surrender and give over
he just powers of the State to the railroads,
which they have created and which de-
'end for all their powers upon their grants
eceiyed from the States