The times. [volume] (Richmond, Va.) 1890-1903, 1893-10-22

| mower a. the Herald correspondent seems
| 70 ,hluk. seventy-ave years ago II wound
,.ya been much more difficult OF solu-
ton than il Is to-day. At that time It
| VAS Insisted by some OF the foremost
men Of tho nation and by very great
| body OF the people that II was beyond
/ the power OF Congress to charter any
! CORPORATION AT all. In the political con-
tests that divided the country over the
charter Of the bank OF the United states
those who opposed the bank insisted that
| st was never contemplated In the CON
| stitution that Congress should be author
lied 10 incorporate private corporations
10 conduct business amongst the people
| The question finally came for determina-
ton before the Supreme Court OF the
United States, which decided In the great
case Of McCunoch vs.. Maryland that Con-
gress possessed the power, and such has
been the accepted doctrine from that
time 10 this This, then, the most dlin-
| cult constitutional question in the cause
| Is removed from #. The remaining ques'
ton. can Congress authorize one OF Its
corporations to condemn and take land,
is most important but not so difficult
| perhaps.
Though II was long disputed, It is now
settled by the decisions Of the Supreme
Court Of the United States that the
United States Government under the
power Of eminent domain may condemn
and take for its own use (as sites for
forts. post-offices, etc. land In the States
belonging to private citizens. This was
so decided In Kohl VS.. United States, 81
u. S. r.. S67. and the question would seem
20 be no more than this: IL the Govern
ment may condemn land for SIS own use.
may it not equally authorize one of
it's agencies to condemn land for the use
Of that agency? If the question were
markedly that and no more. we should
feel strongly disposed to answer it in the
negative; bat the question is not really
fairly and fully stated in that form.
The Constitution confers upon Congress
power to regulate commerce between the
States. This is the most important Of
all the powers conferred upon Congress,
and that such power should be lodged In
the general government was the chief mo-
tive that impelled the States to form the
Union. 1t ended custom houses at the Dor
ders OF States and made intercourse over
every foot Of the national territory abso-
lutely free without possibility Of any OBJ
struction whatever. Our national prosper
ity and national spirit is due to this pro-
vision Of the constitution more entirely
than to any other one or to all other
causes combined
This power to regulate commerce be-
tween the States must certainly then
authorize Congress TO provide means for
free and unrestricted passageway across
a great interstate waterway like the
Hudson river. II cannot be permitted to
stand as an impeachment to the free inter-
course Of one part Of this Union with an
other It must come under the influence
Of the principle which demands that
all obstacles SItll SuDlIll lutilStANto "
the most convenient appliance Of the
most advanced science and art. For Con-
gress to grant a company a charter TO
build q bridge across the Hudson would
be for it to DO vain thing, II the States
Of New Jersey and New York refused to
allow that company to rest its bridge
upon their soil. Is 1t not, then, necessity
part Of it's power to provide for this
case Of commerce between the States, that
| the power 10 take land for bridge sites
on paying for it shall inhere in it2 The
case for the power Is, to our mind,
very strong one. AS for the dangers that
the Herald correspondent fears, all that
can be said is that there is no authority
which is not liable to abuse. Such fears
must not drive us into denying the ex-
istence OF authority that ought to exist
They should impel us to watchfulness
that the authority is not abused.