Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-10-03


tlolai concern, is to be compared to the
growth Of Il country not by the geograph-
zeal enlargement of its boundaries, but
tE the Increase of its population" 4
hundred years ago there was, except the
commerce which crawled along our sea-
coast or up and down our interior water
ways, pIa tiCally no interstate commerce.
Now. by the railroad, the mails, the tele-
graph. ard the telephone an immense
part Of our commerce is interstate. BY
the transformation it has escaped from
the power of the State and come under
the power Of the Nation. Therefore there
has been a great practical change in the
exercise of the National power under
the acts of Congress over interstate cGm-
mcrce: while on the other hand there
has been no noticeable change in the eX-
crrlSc of the National power TO regulate
commerce with foreign nations and with
the Indian tribes The change as re-
CARDS interstate commerce has been. not
in the Constitution. but III the business;
OF tie pcOpl. to which it is to be applied.
our economic and social future depends
in very large part upon how the inter
stat" commerce power of the Nation is
interpreted
believe that the Nation has the whole
governmental power over interstate COM
mcrce and the widest discretion in deal
ing with that subject: of course under the
express limits prescribed in the Constitu-
tlon for the exercise of all powers, such
Tor instance as the condition that due
process Of law" shall not b denied. The
Nation has no direct power over purely
lntrAstatH commerce. even where it is
conducted by the same agencies which
conduct interstate commerce. The courts
must determine what is national ANA
what is state commerce. The same raa
SoninS which sustained the power of Con-
:crceS to incorporate the United States
Bank tends to sustain the power to in
corporate an interstate railroad, or any
other corporation conducting an inter-
state business.
There are difficulties arising from orr
dual form Of government. If they prove
to he inSlperabIe resort must be had II
tn" power of amendment. Le: lis first
try to meet them by an exercise of all
the powers of the National Government
which in the Marshall spirit of bread in
terrretaton can be found in the Consti-
tuition as it Is. They are Of vast extent.
The chief economic question of the day
in TINS country is to provide Il sovereign
Tor the great corporations engaged in in
terState business: that is. for tie rail
roads and the Interstate industrial cor
norations. At the moment our prime con-
Germ is with the railroads. When rail
roads We're first built they We're purely
local i'll character. Their boundaries were
not coeNtensive even with the boundaries
of one State They usually covered but
two or three counties All this has now
changed. At present five great systems
embody nearly four-fifthS of the total
mileage of the country. All the most i'm
port;nt railroads are no longer State
roads. hut instruments of interstate COM
mcrce. Probably S, per cent of their bust
ness is int erState business. 1t is The Ma
ton alone which can with wisdom. JUS
tice. and effectiveness exercise over these
Interstate railroads the thorough and
complete supervision which should b. eN-
crciSed One of the chief, AMI probably
the cliief, of the domestic causes for the
adoption Of the Constitution was the
need to confer upon the Nation exclusive
control over interstate commerce. But
1Ils Af &c IN 10
il is held to confer thoroughgCin% ana
complete control over practically the sole
Observation-Disclosures of interstate commerce
the interstate railroads.. The railroads
themselves have been exceedingly short
sighted in the lancoroGS bitterness which
they have shown .Sainst the resumption
ly the Nation of this lonG-ncGleo ted pow
or. Great capitalists, WHO pride them
selves upon their eXtrrme conservatism.
often belisv" they are acting il In" in
tereStS of property when following Il
course 60 shor'sjghted as to he really an
Il s@a ult upon property. TEcy have Shown
extreme unWisdom in their violent oppo-
sition to the assumption of complete eos
troll Cv"r the railroads by the redo -!
Government. TIC American peoll" viii!
not tolerate TIE happy-go- lucky system
of no control ever tho great interstate
with the insnlont anh manifold
abuses which have So generally accom- |
parted it. Tie control must exist some
where; ana unless it is by th0rouEhG"inT
:ln! ldt1tiI law Tdt'cfi upon ire Stdt nt'.
books of the Nation. it will b" exercise!
in cvcr-ircreasin- measure h. tie soy
erhl States. The same conSiri"' -iti"nI |
W hich made the founders of t." C"n":itu- i
ton deem it imperative tat tie Nation A,
should have complete control of inter-
stat" commerce apply with peculiar force
to tie control Of interstate railroads at |
the present dav: ANA the arguments of |
Madison of Virginia. Pirckncv of South |
Carolina. and Hamilton and jay of New
! oriS. in th"ir cSs"nco apply now aS they
applied one hundred ana twenty years /
ago.
Tnn national convention which framed !
the Constitution. and in which almost all |
tive most eminent of the first generation
of American statesmen sat, embodied tn"
t hcorv of the instrument in a resolution, |
to the effect that the National Govern !
meGt should have power in cases where |
tho Scparat" States We're Incompetent to |
act Wit fun efficiency. ard where tn" ilar- |
morr Of the United States would he |
10y the exercise of such inGi- 4!
vidual LEGISLATION. The intCretHtH rai'"O "a |
situation is exactly n cas-" in point. I'll OF" |
Will If course" he local matters atfectin,
which can best he dealt with l> |
local authority. but as national CONNER
cial 'r;,"nts the big Interstate railroad |
ought to be completely subject to nation |
nj authority. Only thus can We secure
their complete subsection to, and control |
Ivy. Il single sovereign. representing the
whole people and capahlr both Of pro- !
t"ctinC tho public and OF seeing That tho !
railroads neither inllict nor endure inius- |
ticc. |
should he national legislation to control |
all ind'!str rial corporations doing an inter |
stat" business, including H." control of !
tn" output Of their securities. hllf as - ,
these the necessity for T"do"al control il |
loss urgent and immoGa;c tHan is ~"
case with the railroads. Many "f TIE |
abuses cnnncctcd with these corporations
will rrolrbly tend To disappear now th"t |