The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-03-09

|
cision is very plain one, and seeming
ly sound. The important proviso OF
saving clause is that maximum freight
laws will stand where the railroads can
not show that the rates are lower than
the cost of carriage, which cost of car
riage shall be determined without ref
erence to the interstate or general bust
ness of the road, but wholly on the
commodity named, and it's local haul,
on the basis of cost and operating ex-
penses.
The decision appeared in the Eagles
dispatches of yesterday morning, and 1t
should be carefully read by every man
interested in the freight rate question,
which includes about everybody.
The constitutional rights Of states to
fix rates within their own borders hav-
| ing now been defined by the highest au-
thority in the land, the question of the
constitutionality Of fixing interstate
rates by congress will next, and in the
very near future, have hearing. es-
peciaIIy if the congress accedes to the
demand of the interstate commerce
commissioners, who have lately asked
for such power. In touching on the
question of constitutional right to leg
islate on railway rates, Aldace f.
Walker, a great lawyer and an eminent
authority on railways, quotes an inter-
esting array of authorities and endeaV-
49, 4 oTcfar 70 tic
original meaning, eliminating every
consideration save the naked definition
of the phrase What is it to regulate
commerce?'' This clause Mr.. Walker
contends must be construed so as to
harmonic with the Fifth Amendment,
which restricts the powers Of congress,
much as the powers of states are re-
stricted by the Fourteenth Amendment.
In regulating the subjects of interstate
and foreign commerce, we may concede
a right to promote the exchange of
commodities, when deemed desirable
for the common good and to suppress
the exchange of such as are dangerous
to life, health or the general prosper
ity; but not to forbid traffic in legiti-
mate property, such as the necessarles
Of life, its comforts ana its luxurleS.
In regulating the persons engaged in
commerce, we NAV admit a right to
examine and license shipmasters, en-
gineers, etc, for the safety and protec-
ton of all concerned, but not to exclude
any citizen or designated class of citi-
zer5 from the purchase of a seaworthy
ship, or of wagons, or railroads, or their
employment in commerce. In regulat-
ing the instruments of commerce we
may allow the existence of power to SUI
pervise the physical operation of YES
sells, railway trains, ETC.; to see to it
that brakes ere continu1us, ship boilers
safe and Ite-hoats ample. But when
we come to the matter If ccntI acting
for services to be rendered we find that
property, by the Fifth Amendment, is
as sacred as life and liberty, and that
any common carrier rendering his ia
cilities to the public may make his price
what he will, subject to his responsible
ity in the courts for damages if he
commits unjust discrimination or extor-
ton.
The reasons given by Mr.. Walker for
questioning the power of congress to
prescribe future maximum rates, en-
forceable by injunction, may thus be
epitomized:
First, No such power was contem-
plated by the trainers of the Constitu- |
ton.
Second, The Constitution has not yet |
been so construed by the supreme court. |
Third, The words regulate COM
do not imply its existence on |
any fair construction of their mean |
ing.
Fourth, Such a construction would |
interfere with and destroy the rights of |
property, assured by other clauses.
Fifth, The clause cannot be so con-
strued without involving the power to
regulate the rates to be charged by YES
sells engaged in commerce with foreign
nations, and also prices generally in
commercial transactions.