The times. [volume] (Richmond, Va.) 1890-1903, 1892-12-10
EXIT THE INTERSTATE COMMERCE.
LAW.

LAW.
the Times has heretofore discussed the
Interstate Commerce law as one when
,,o trainers Of the Constitution never In
tended to authorize Congress TO pass
Refore the adoption OF the Constitution
each OF the States made products OF the
o,hers passing through II or taking ocean
sh,rn,og at its port, pay It tribute. The
harassing vexations caused by these eA-
actions was the chief cause for adopting
the present Constitution OF Government
Co FAR as commerce was concerned the
States determined to fuse into solid
hodv so that commercial intercourse be-
tween themselves and from and to ports
of each. should be absolutely free. This
being the object in adopting the Const-
tuition. II was never intended TO clothe
Congress with power to place the same
embarrassment upon commercial inter-
course which they had formed the Union
70 deprive the States OF power to place on
II. The Times has, therefore. contended
very earnestly on more than one occasion
unconstitutional and void act in its whole
warp and wool, imposing as 1t does re-
straints Of the most aggravating charac-
ter upon free intercourse between the
States.
The decision which Judge Gresham has
just made, while stopping short OF the
length to which The Times would 20, that
is. declaring the whole law unconstitu-
tional and void, nevertheless practically
emasculates It and leaves 1t quite harm
less.
The law provides that when the Inter
state Commerce Commissioners want in
formation touching the affairs Of any rail-
road. they may call upon the officers OF
the road to furnish it to them. If 1t is
refused, they may apply TO the United
States Circuit Court, which shall sum-
mon the delinquent officers before them
and compel them under heavy penalties
to furnish the information. The Commits
sloners called upon the officers Of an Hi
nois railroad for information, which they
refused to furnish. They then applied to
Judge Gresham, Of the United States Cir
cult Court, to compel the officers to fur
nsh 1t, but the Judge refused the appli-
cation, holding that the United States
Judiciary is ordained and established by
the Constitution OF the United States as
a separate and independent department of
the Government, charged with the duty
Of administering justice according to the
laws. That it is foreign to the nature OF
such department to seek to force on
it the character of aid to a subordinate,
administrative and non-judicial body and
that it is beyond the power of Congress
TO do this
Every mind trained in the principles
mind imbued with a proper apprehension
OF the scope and functions Of judicial
establishment will indorse and approve
Of Judge Gresham's decision The idea OF
a court Of justice is a place where par
ties who have differences face each other
Each states his side of the case and
supports 1t by his testimony, the other
side to have full opportunity by cross ex-
animation of the witnesses to probe the
sources OF their knowledge, and thus
ascertain whether they really know any
thing of that TO which they are testify
ing. After this has been gone through
with, 1t is the function of the court to
declare the law Of the case. This is the
province of a court of justice, in the
constitution Of which there is no single
element Of the detective or the spy. The
court sits to declare the law between in
dependent parties at issue, and not TO
rake through purlieus for rags and scrpps
Of meat to feed and clothe incapables
unable to take care Of themselves.