The Birmingham age-herald., 1905-10-05

eral states'' was learnedly and exhaus-
 tiVeiy discussed in the convention ealieo to create and form the constitution, and |
 the reasons given as to the necessity or
 conferring such power on the Congress
 The language quoted is embraced in aru-
 cie l, section 5, of the constitution Of the
 United States. Ihis constitution was submitted, with tnis language in it. back to the states
 for their adoption and ratification, which
 they did.
 It would be legitimate statement, au- thorzed by the senators language that
 the power to regulate railroads as com mon carriers belongs to the state that creates them, whether they engage In
 local or interstate commerce. Is posi- i tive denial on his part of the power con l ferred by the express language Of the constitution upon Congress to regulate 1 interstate commerce.
 | But do not insist that the senator by
 the employment of such language, main
 tains that this language of the constitu-
 tion is nugatory and that Congress mas | no power to regulate interstate commerce. i But he maintains that the power to regu-
 late does not embrace and include the
 authority to fix rates for the transporta-
 ton of interstate commerce. but such authority lies in the states that created
 such railroad corporations.
 1 He denounces such power an alleged
 or assumed jurisdiction and power in | Congress
 Alabama surrendered all the authori- l ity and power she ever possessed, and every other state of the union has done l likewise. over the fixing of rates for | transpor rtation of interstate commerce | by the express language before stated of | the Federal Constitution. whenever Con l gress undertakes to fix and regulate the
 same, and the act of each and all the
 states in making such surrender was not
 a convulsive or upheaval in the status of
 any state.
 "The power of Congress to regulate 1 interstate commerce Is complete in It.
 self, may be exercised to its utmost ex- | tent and acknowledges no limitations
 other than are prescribed in the consti-
 tution." Oh. J. Marshall in Gibsons vs | Ogden.
 This language is convincing that the
 power of Congress is full and complete, and Is applicable to all the means and
 instrumentalties employed in and rates
 charged for carrying on such commerce | The power being complete in Itself may | be exercised to It's utmost extent and ac- | knowledges no limitations
 Would 1t not be a most embarrassing | if not destructive, condition of affairs for 1 each state, through which our trans l continental railroads run in transport l ing interstate commerce from New York l to San Francisco, to fix it's own and diff | ferent regulations and rates of freight upon such carriers? The very statement | of the proposition should suppress all dis pute as to the power and duty of Con- gress to fix such ra tes and regulations. It was one of the purposes of the con stitution to secure uniformity of rates and regulations in carrying interstate commerce. Such Is the purpose of the interstate commerce act. as expressed
 on its face. That act confers power on
 the commission to determine when rates
 are equal. reasonable and just. And if
 it should find such rates unreasonable
 carrier to make them reasonable and just There Is no limitation the pow CT of Congress in this matter only as That constitution has conferred in most general terms plenary power Con- gress to regulate commerce between the | states.
 "The commercial power of Congress | is exclusive of state authority. when the | subjects upon which 1t is exerted are national in their character, and admit | and require uniformity of regulations af- | fecting alike all the states. The trans portation of persons and property be- | tween the states Is a subject of national character. and such power Is exclusive