The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-05-26

a railroad or other corporation in exist
ence which even processes to act up to so
saintly standard in is business. and no
moie do think the people would If all
the power were in their hands. Those
who make the laws for the governmento Of
the people should see 10 it that the
power Of supervision and control to
which ! nave referred, should be Lodged
7omewheres 50 that it may be exercised for
the security Of the people against wrongs,
whether existing nov or threatened, or
even possible. According To the interpre
tatiOn Of the Constitution which is gener
ally, though not universally, accepted at
this day, the States are powerIess to
afford protection which will be at once
substantial aud adequate. Their rail
roads are parts or appendages Of great
trunk lines over which their business in
large part is conducted. Much of their
traffic is with other States, and the Con-
stituti0n gives the power not to them but
to Congress ~ regulate eammerce among
the States. Take my own State for ex-
ample, and il il not singular in this re-
gard. The railroads in Mississippi, ex
cept one or Two very short lines, are all
interstate" roads, running in other
States as well as that, or are branches or
connections of such as do so run, over
which traffic passes between the States.
la recent opinion OF the Supreme
Court of that State the position is taken
aud supported by most vigorous reason
ing, that the regulation of the opera
tions OF corporation and prescribing its
rates Of charges on business carried on
across State lines, belong to the State
which created the corporation, and do
not amount to regulation of commerce /;
and so long as there is no discrimination
ag inst such a traffic, there is no inter
terence with commerce between the
States, and the power of the State Legis-
lature is unaffected by the commercial
clause of the Constitution. As an orig
inal proposition, aside from the tendency
OF modern opinion, this view cHmmends
itself strongly to my mind. But on the
idea that the transportation of goods
from Que State to another Is commerce
between the Sta es, and regulating the
charges therefor is regulating commerce,
the remedy seems to be with Congress
for most of tie evils complained Gf, and
the people w.lose State governments can
not afford the remedy have turned their
eyes to Congress.
1t is rarely disputed now that COM
merce among the States consists not only
of intercourse between their citizens,
and the purchase and exchange of com
mOdities, but includes also the transpor
tation of persons and property, aud the
power to regulate it seems to embrace all
the means, and instrumentalities and
agencies by which that commerce is car
IN hn g s.,.v,
from one Safe to or through another, is
considered a constituent: of interstate
commerce itself, with which Congress
alone can deal, and that seems TO be the
protection against conflict in the legisla-
ton of different States, each regulating
the transportation in favor of itsown pro-
duets and its own people. In my own
State the principal complaints are of
charges on freights from points in Mis-
sissippi to New Orleans, Memphis, and
Mobile, to New York and Eastern cities,
and to st. Louis, Cincinnati and Louis
vile, or from those cities to points in
Mississippi. The rates on shipments
from one point to another in the
State are sometimes criticised, but
these shipments are comparatively
light, and the real trouble is as
to charges on cotton, lumber, aud a
few other things sent out IF the State,
and provisions and goods of various
kinds brought there from the cities
named and other points outside the
State.
There are some important railroads in
that State which begin and end with
in its limits; but these are engaged
in interstate trafh; in connection with
other lines which join them. But it
seems clear tina! the transportation OF
commodities between New Orleans and
Yazoo City, Miss, or New Orleans aud
Aberdeen, Miss, is as much subject TO
Congressional regulation as that between
New Orleans and Brookhaven, or he
tween Mobile and Meridian, though
New Orleans and Brookhaven are on the
same unbroken line of railroad, and so
are Mobile and Meridian, while Y4zo ,
City and Aberdeen are on lines which
begin and end in Mississippi But in
connection with the lines they j1in, these
lines are the instruments and means OF
commerce among the States, Just as the
unbroken lines are which are engaged in
the same sort of business. The power
to regulate commerce among the States
does not stop at State lines. IL it did it
would be useless power. "If Congress
has the power TO regulate it, that power
must be exercised Wherever the subject
exists"
Every portion of every State has the
right to participate in this commerce,
Just rs every portion of the Uuit0d
States has the right to participate in the
commerce with foreign nations. This
ha ha afn ShA u
State boundaries and can not be exer
cised within the territorial jurisdiction
of State. This power, whatever it
may be, must be exercised within the
territorial jurisdiction of the States. "
All this was long ago decided by the
Supreme Court of the United States III
the familiar case of Gibbons vs.. Ogden,
reported in 9 Wheaton. See also the
Daniel Ball in 10 Wallace.
So il would seem that the principal
TRANSFORMATION of commodities on all the
railroa Is in Mississippi, rs ia other
states of the Uaion, and that which has
chiefly led TO the demand for the regu
lation of the transportation by law,
falls within the power of Congress II the
prevailing opinion as to the extent oil
that power Is correct.
so much for the question OF power; and
IL is now lett to consider the best mode
of exercising it. liz should not in any
mode be exercised iarshly or oppress
iyely. uniustlv or unreasonably, or other
wise than with perfect impartiaiity be.
tween the people on the Que hand and
the railroads ON the her. Let it be
done dispassiouately and with due regard
for the rights of all parties ana ior lne
public welfare. For one, would see u
employed as fairly as ii the people hao
the power, aud the effort was to restrain
them and make it impossible for them
| 10 oppress the railroads. 1t may oe SAID
am = friend of railroads. aad 50 am.
| Where is the thinking man VINO mas ms
lcouutry's interest at heart, VINO wiz sa :
| he il hostile to these great enterprises "
~ anv other which add vastly to the
countrv,s wealth and increase incaicn
lahlv the conveniences of the people
Wha is there among us that would see
them 90 crippled in their credit OF I'M
na;red in their powers that the conve
uiences apd promptness: the regularity
= snd c,mparative safety OF their opers
lions can not be kept up to IT'S present
stsndard or even improved! Is there
ana who would favor . law imposing
.ssa,ass burdens ON them, or requiring
their service for less thta reis ,nao,e
su,rsnssrion. sarm an or otherwise unlustly
dealing with them
The people are friends OF railroads .
lust a. am; they want Ia'I & uea'.'s
with them, just rs | do; bat they .,ld wah'
i On on both sides, and 50 do !. ,:s ! IoIao ~
see = reciprocal relations estael.snesod .ead os .
swsen tbem and the people, founded on