The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-18
WE'D NEsDAY JANUARY 1 Is 1905 oo5. I.
Interstate Commerce.

Interstate Commerce.
Tho debate iii tho Senate between Mr..
a3?Ncwlands, Of Nevada, and Mrs. Spooner,
asS 81 Wisconsin,, Of, the power Of Congress
* q regulate commerce. was Intensely s,ili-
tercsting. Mr.. 4 ewlands Is in favor OF
\ 1Tedcral Incorporation Of railroads, part
a " by coaxing, partly by driying" them
e. to take out Federal charters to do intcr-
r state business. Tho question under dis
c,ission was how far such control would
trench upon the rights Of tho States ITO
regulate what is called ii,tra- state COM
N ,nerce and the States rights Of taxation.
5SS Tho following colloquy took place: 4 6S
3E8s Mr. Spooner: I want to know simply
I whether the senator intends nc assert
Is that because Congress 81 incorporates n a
G railway corporation TO transport pro-
from one Statetto another, thereby
Il tho States, purely MS to $domesli COM
n,crcc, lose their right Of rcgulat lion and
Their rightBof taxation? 3i3 III II 3 81
sst3 Mr.. Nowlands:&aI think under q we'll
ordered system they ought not to have
IA that right. n - 81 {SJ9 ss I'D
ss5 II Mr.. spooner: But does ttlle$ senator
claim there Is any sucl, SUSTAIN under tho
z Constitution now as would lead to that
" result provided only tho incorporat ton be
~ a Federal incorporation? Us S Fl
SsSS M ~ NJ Wiatlds: 5 There Is no such sys-
tenn now. l What I propose to do is to
Il shape the way for such q system.
sSs Mrs. spooner: Does the senator think il
8 ess has power by creating AN inter-
Az state 81 Federal corpora ton to opernt 10 n
,E railroad Il from State to- State to- dtsnos !
81 scss III any way under the Constitution
IA az III now exists Il g pow er. OF the State
s}to regulate purely S state commerce 1t al
though carried on by a Fe raj & corpo-
IRA Ion 22t }s
Nj w Newlands: do think 80 Il as to
NJ, ma tional Incorporation; that is 70 say, the
III State lis not dlspossess 4 Of its power.
sSbut its exercise cannot be appl1ed Y 70 \ g
INA ional instrumentality. 335S$;;
II Isl clear from this that Senate \ New
lands, who. by tho way, IS q Democrat,
Ms ii, favor Of putting the railroads OF OF
Sa5the country under the direct control Of
lie Federal government and taking from
the States any right to interfere. Senator
spooner, who Is a Republican, takes q
D different view. ana further on In tho
discussion he said: 35t A II a 3s
81 The Constitution of tho United States,
sEllnlike the Constitution Of q State. Is q
s8grtlr,t OF power When the exercise Of q
&power by Congress is proposed we look
$Gtion 1t is granted by tho Constitution.
On tho contrary, the Constitution OF
( ~ state Is not a grant It is a llmita ton.
Tho Legislature Of the State possesses
all legislative power except It BIO do
s nrlyed By some restriction in the Constl-
tuition from tho exercise OF some l iu "
which upon goaerEal principles y los 3
B S''' NOW, tho powaers to regulate commerce
t,8 !, ,,nnr the states is ono thing That IS
Srnnceded to exist. But how does the
w : nator smell out Of that, and II he can
mt spell.it out OF that where does ne
Il eind in tho Constitution the power 70
..vu,at "a commerce In the States and 70
l5g9$t - 20 away from tho State the poWerEto
5reeulate commerce Within the state,
4 whether tho carrier BIO operating tnaer
n Federal charter or uh noc y S' '''all'
.f !.
q IN IL Is said that Senator NeWlands louh una
d Il difficult TO answer these questions
nut no might have answered by citing i,nig
senator spooner to the celebrated case OF
81 Glbbons oagen, reported in Ninth Wheat y
IN ana recently referred to in The Times
Dispatch. 1t seems that tho full force rec
and effect Of the provision in tho Consti-
tuition to regulate commerce between me
II Statcs was not understood by some OF
& the states, ana New York undertook 70 70
rive Robert Livingston and Robert th'ul-
e. ton certain exclusive rights Of naSlgat-
tne STEAMBOATS, within the waters OF tllat
state. This caused a clash VIII the e'ti-
II tzyaeants or New Jersey, and brought tortii
e ia decision above noted. The court was
presided over by Chief Justice Marshall'
and, decided that the power 10 resnllte
Il commerce extends to every species OF
1. commercial intercourse between tho
United States and among foreign ma
Slgtious and among The several States; that
! this power to regulate commerce Is Inc
( power 10 prescribe the rules by which
commerce is he regulated. and Ike all
otrer movers invested IN Congress, IL Is
complete In itself. IT may be exercised
10 Its utmost extent. and has no Other
limitations than such as arc prescribed
X In the Constitution
The power Of Congress- to regulate
IA commerce is a far-ronching power. and
was designed by the trainers Of the Con-
4 slitution 10 be So The only question ~
how far, II Is wise to do 80. and what
ARE the safest means of exercising this
Il power. so ms to produce tho greatest good
X 10 The people and to run the least risk
10 tho purity Of The government and the
q liberty OF the people from the exercise Of
such an enormous rentralizing toWel,
t.--77t-z---,--- ~====-R 3 4:
WoUlan's Ways.
In a recent article ~ 'Yfhe Queen
Robert IIiehens says; i, "a ~ n "a, (,