Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-06-25


gave, but upon the shipper who re-
ceived, such rebates, and that the power
OF The equity courts to restrain such
practises at the suit Of the United
states should be made certain by stat
ute,
.. That 1t should be made pnlnw-
lul to transport traffic by carriers sub
lect TO the act to regulate commerce
at any rate less than such carriers
published rate. and that all who par
tieippte In the violation OF such law
should be punished,
3, That comprehensive plan
should be framed to enable the gov
ernmeut TO get at all the facts hearing
upon the organization and practiscs Of
concerns engaged IN Interstate and
Foreign commerce essential to a full
understanding thereof.
4, Another step In legislation which
was earnestly recommended was an
act 10 speed the final decision of cases
under the interstate commerce and
Huti- trust law.
These laws. enacted during the
short session of the FIFTY seventh
Congress, We're followed by the rail-
road rate law OF the Fifty-ninth Con-
gress, the principal feature of hwich
is the grant of power 10 the Interstate
commerce commission to fix reason
able rate for the carriage Of goods and
persons,
DESIGN OF LAWS.
These laws were designed to secure
equality IN transportation charges
They provide a swift remedy at The
suit of the government IN Its own
courts OF equality thereby relieving the
individual sufferer from the expense
and delay incident 10 a private suit
All these laws have been declared
constitutional, except the railroad rate
act and as to that nCt, not yet passed
upon by the courts. II Is believed by
the great weight Of legal opinion 10
be constitutional in respect to the
power to fix reasonable rates AMI
pracjises
The public satisfaction resulting
from the enactment aud the enforce
ment Of these statutes regulating
commerce has induced some persons
to contend that the congressional
power IN regulate commerce is q pan
acea for many other public evils, and
it is proposed to utilize that power 10
accomplish ends not within the ma
tlouaD jurisdiction, and having no re-
lotion to the subject Of the power.
POWER To REGULATE.
The power to regulate is the pow
er 70 prescribe the rule by which COM
merce is to be governed These are
the words OF Chief Justice Marshall
in Gibbons VS.. Ogden,
This power OF prescribing the rule
by which commerce is to be conducted
extends to commerce itself and 10 the
instrumentalities Of commerce,
BY commerce Itself. l mean the ac-
tiVities and intercourse which COnsti-
tute the commercial relation. BY the
lnstrumentaliUes of commerce ! mean
the animate and inanimate means used
10 maintain and carry on commercial
intercourse
As to these activities and Intercourse
which constitute commerce Congress
has from time TO time prescribed GER
tain rules; such for instance as the
rule that commerce shall be free from
monopoly and restraint effected by
combinations, and that the general rule
of competition shall have free-play,
As to the animate and nanimate
means, or instrumentalities by which
commerce Is conducted. Congress has
likewise prescribed various rules; such
as contained in the railroad safety
appliance act, and the act prescribing
the hours OF labor Of employees upon
railroads engaged in interstate COM
merce
over this subject Of commerce
among the states and with foreign
nations. and its instrumentalities. the
power Of Congress Is plenary. II may
he exercised IN the most general or
minute way. For this purpose, Con-
gress possesses all powers which ex-
isted In the states before the adoption
Of the national Constitution. and Its
power when the subject Is national is
or may be made exclusive. The con-
stitutions laws. corporations and citi-
zens OF the states are subject 10 this
paramount authority, Congress can
regulate anything. everything, any and
every person. natural or artificial, In
the sense that it can prohibit or pre-
vent any use or act that Will interfere
with congressional control over inter-
state commerce, or that Will injurious
ly affect such commerce. Congress
may likewise prevent the arteries of
interstate commerce from being EN-
ployed as condults for articles hurtful
to the public health, safety or morals,
and may remove distractions from the
highways OF commerce whether they
be physical or economic whether they
may be sand bars. mobs or monopol-
les
HOW EXERCISED.
The power OF Congress may be en-
ercised by prohibition and by prescrip-
tion.
Congress has prohibited comblna-
tons in restraint Of interstate and
foreign trade and has prohibited the
OF diseased cattle, explosives
and lottery tickets, and Congress has
prescribed that certain safety appli-
anCe shall be used upon railroads do
ing an interstate business. The one
class of laws is designed to keep the
channels OF commerce free and un-
polluted, the other is DESIGNED TO Sc
cure the safety Of the employees and
patrons of the carriers.
| cite these acts because their con-
has been sustained. be-
cause they obviously bear directly upon
commerce and for that reason viii serve
To make clear the distinction between
the well established rule to be deduced
from the decided cases ana the extern
sion OF the rule involved in certain
legislative propositions Of fed
oral control, to which l shall now direct
your attention.
First, 1 shall Testate the existing rule.
as II has been ludlclally determined. In
hese words Congress has the power
10 regulate interstate commerce, which
includes the power 70 regulate the
means or instrumentalities by which
commerce is conducted.
The new proposition is this; Con-
gress has The power 20 regulate con"
lnerce including It's instrumentalitles.
and likewise power TO regulate the per-
sons by whom articles of commercs
are produced In respect 10 matters dis
with commerce.
This addition to the rule hnds express
sion I'm the suggestion 10 prohibit IN"
Interstate transportation OF tnocuouN
articles lawfully made or produced IN a
state for reasons not affecting inter-
state commerce.
PRODUCTION OF ARTICLES.