Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1886-10-28
INTERSTATE COMMERCE.
A Supreme Court Decision o. Inn
~ por.tanoo.
state statute Regulating Railway Charr.s
Tor rran~por'etioo Constituting n Para
OF Commerce Among the state.
Not - Valid Law.


WAsnINoroS, Oct. %. The United stntc.
supreme Court has iust rendered another
decision OF grOat Importance on tho sub.
ject OF Interstate commerce ttisa do.
cision which will nttrac, moro attention
even thnn tho former decision on the san,o
subject IL probably goes quito a. far in
tue asser ion of tho power OF the General
government over tho Commerce OF tho
states a. is desired by tho mcst oxtrom,
oontralist, and IL will, for the same reason,
eSclte the most determined opposition OF
.ne state rights sclooL Tho commercial
..1vnscquence OF logical enforcement ot
'u,s u".,sl"h wiii DO very great. Briefly
stated, Tho majority OF the court say;
we must, therefore. hold that II 4. not ana
never has boon tho deliberate opinion of a
majority OF this Couit that "a Rtntute of Stato
Which wyhieh attempts TO regulate tho farcs nnd
Vuhtbrs by railroad companies within It's
limits for transportation which constitutos
y part OF commerce among tho states ~ a
Tho case comes mp from Illinois, aud IA
known ns the case Of the Wabash railroad
The basis Of suit was tho charge that
tue wabash, St Louis aud Pacific Rnilrond
company had, Ia violation OF statute ot
tno ie, 9,a,e oi Illinois boon guilty OF an un-
Just discrimination ina its rates or charge,
Vttol ana compensation for tho trnnspor.
tnton OF freight The specific charge 4,
thht the railroad on the snmo charged El-
uhu MVhihueN Tor transporting
twenty tive thousand pounds ol
goods aud chattels from PEORIA In the State
OF Illinois, To New York, tho sum OF thirty.
nino dollars, being at the rate
pounds for said carload; and tbat
on the same day they agreed 20 carry and
transport FOR Issac iiaiiy aud Il. q gyya-
neil another carload OF goods aud chRttels
iroW Gilmnn, in tho State of Illinois, 70
said City OF New York for which they
charged tho sum of sixty-nvo dollar, being
at the rate OF twenty-five cents pcr hun.
dred pou nds. Aud N IN alleged that tho
carload carried for Elder aud Mckinney
was carried pighty-siN miles farther in the
State OF Illinois than the other carload OF
tue Same weight The opinion OF the Court
IN quite long, exceeding four thousand
words. The following arc some OF It's more
importont points;
The charge oxactod from tho shippers was
u chnfHo Tor Interstate transportation, ana
was uotfuscoptiblo OF u division which would
allow 20 mucn of it 10 bo charged to com.
mcrco strictly within the State, aud 30 muah
more 70 commerce in other Statcs The A.
promo court OF Illinois docs not piac. ia
judgement in the present case on the ground
lhnt ihc transportation aud tho charge in
TINS case are exclusively state commerce.
but oonceding that u may bc case OF com.
inoioe among The States, or Interstate com
hlcitc which Congress would have tho pouer
right 70 regulate % a. had attempted to DO so
htpurs that this statute of Illinois bclonrs 90
thht class Of commercial regulations which
may bo subject 60 the laws OF State until
that subject"
As TO the former decision OF the Supreme
Court in the case OF Munn vs Illinois, the
Court in It's present decision snys;
Tho question OF how Tar charge made for
n cont nu0us uausI Jrtation over several
States, which included "a state whose laws
were ia quest on. tnny bo divided INTO Sep.
hTutc charges for each state. In enforcing tho
power OF the state 10 regulate tho ohargos ~
its iailIonds, was evidently not vol conald.
cred The COurt says. ~ can not be too
strongly insisted upon that the right of con
tinuouS transportation from one end of tho
country To the other IN Css ntlaI In modern
tunes. that freedom OF commerce. from tire
restraints which the Stats might choose -
Impose upon ~, which the Commerce. clause
IN The constitution wa+ intended TO eccurp
The clause OF the constitution givlDg Con.
grcss the power TO regulate comino oroe among
The states and with foreign Nations ~ this
court bna said before. was nmon0 the most
important OF the subjects which prOInpo-d
tho formation OF tho constitution. aud would
DO very feeble and almost useless provision.
but poorly adapted 10 secure the entire
frecdon ot commerce among the states
which was deemed essential 10 more prrfect
union by the framCr- OF tho constitution In
nt every stage OF the transportation OF goods
and chattels through tho country the Si-tfc,
within whose ltmite part Of tho truusporta.
ton must Be done could impose regulations
concerning the price. compeBsnflO4 or taxa
ton or any other restrictive regulation In
tsrtering with aud seriously embarrassing
this commerce"