The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-04-05

Tho House OF Representatives has very
properly directed the Committee on Inter.
State and Foreign Commerce to investigate
the Interference OF the State authorities OF
South Carolina with the free transmission
OF telegraphic messages to the North.
The Constitution OF the United States ex.
pressly confers upon Congress the power
to regulate commerce with foreign ma
tons. and among the several States. and
with tho Indian tribes"
Although the electric telegraph was I'M
known at the time OF the foundation Of our
Government. 1t 10 nevertheless to be deemed
an instrument and agent Of commerce with
foreign nations and among the several
States. within the meaning OF the term
commerce as used In the Federal Con-
stitution. 1t Is. therefore. clearly within
the constitutional power OF the national
Government to prohibit, prevent. and pun
ish any interference with the FREQ trans
mission OF Intelligence by telegraph from
one State to another.
A very instructive statement OF the law
on this subject may be found In the ninety
sixth volume OF United States Reports. at
the very beginning OF the book. in tho case
Of the Pensacola Telegraph Company
against the Western Union Telegraph Com
pany. Senator CHARLES ". JONES OF Florida
argued the case before the Supreme Court
Of the United States. for the plaintiff, and
Mr.. PEREY BELMONT OF New York for the
successful defendant. The opinion of the
Court Was delivered by Chief Justice WAITE.
In this opinion the Court declares that
the powers granted to Congress in respect
to the regulation OF commerce arc not con-
fned TO the instrumentalities which were
known or were In use when the Constitu.
ton was adopted. but they adapt them
selves TO the development OF civilization.
We quote:
"rhsy extend frsm the horse With lite rider 10 thu
stage coach. fTsm the sAins the steamboat
from the coach and she stsambOAG the Railroad and
nom the railroad 20 the telegraph. a. tAsas new
agencies are excessively bTsusht intO the
demands Of iasssAsinE population sAa ws4lfh. Thor
wsEs intsndsa for the Eovsrasat Of business q
weieh tAsy rslAis ~ all timss aad andsT ali eireum.
ssAAes% A. 'hsy we're inIrustsd to the general
sFnnsnt fer the Good Of the aAtoa 10 IL aot snly the
right bat the daty OF Congress 10 zee TO Il thai inter
coarse AnOAs the States ana Eansnasisa OF InIs
hssnss are not ehsuetsd saRsesssAEy saea mbsrsd
81 STATE legislation"
1t 10 possible that the Governor OF South
Carolina may contend thab his interference
with the telegraph did not Affect Interstate
commerce. because he did not prevent the
transmission OF kilograms relating merely
TO business matters. but only forbade the
sending Of news dispatches referring 10 the
political disturbances in his State.
We doubt whether any such distlnc-
ton can be maintained. 1t Is often q mat
ter Of the most vital importance for the
business man to know the political situation
which exists In the district. State. or cOun-
try In which he IL commercially interested.
or with which he has commercial transac-
tons. The New York merchant. for exam
pie. might well refrain irom sending goods
10 South Carolina. 70 b sold there for his
account. II informed that the State was in q
condition Of resurrection. while he would
readily Forward the msTehsndiss. II assured