The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-23
RAILROAD REGULATION.
Mr.. Stuyvesant Fish Urges Full Ex.
erclse Of Congressional Powers.

his later letter published March IL and
the one signed Lex in The SuN Of
March l6 all favor the enactment by
Congress OF laws for the incorporation
of railroads.
THE Sun and its correspondents are
right In believing that neither the rail-
roads nor the people served by them
can longer endure the economic waste
arising from the regulation OF our
commercial highways, railroads. by
the Federal Government. by some
forty-odd State commissions and by
municipalities.
But will the granting Of Federal
charters bring the regulation Of rail-
roads under n single control? Many
strong railroad corporations enjoy In
valuable rights under their State char
ters. such as perpetual succession, ex-
emptions from or peculiar provisions
in respect to taxation. powers to cross
and divert waterways n highways.
to condemn needed lands and to make
bylaws for the conduct Of their busi-
ness. Such ~contractual rights direc-
tors cannot. in justice to their stock
holders. relinquish. However attrac-
tive Federal charters may seem to
bankrupt railroads in process II reor-
ganization and to the promoters Of
new ones. II is not to be expected that
the strong companies will avail OF
them. Especially Is this true Of those
which, by paying dividends for many
years. have established in their pres
ent corporate names a credit known
all over the world. The enactment Of
Federal laws for the Incorporation OF
railroads Will therefore lend to COM
plicate further the situation by Great
ing "A new class OF corporations, with
out getting wholly rid of the two ex-
isting classes created by individual
States and by groups Of States re-
spectively.
The Constitution Of the United
states as adopted In 1897 and now in
force gives to Congress power ITO
regulate m with foreign ma
tons. and among the several States.
and with the Indian tribes"
The powers thus granted in respect
to commerce with foreign nations and
with the Indian tribes were awaited Of
at once. The advent OF steamboats,
was at an early day followed by legis-
lhNA'lA w NiN ifN Va Ia u tuFlIls
everywhere.
Congress. having IN 1928 enacted
That all waters on which steamboats,
regularly pass from port to port snail
be considered and established as post
roads Statutes at Large, III. y. 167.
being Sec. 3 of Oh. 33). in 1898 further
enacted That each and every railroad
within the limits Of the United States
which now IS or hereafter may be
made and completed. shall be a post
route Statutes at Large. v. p. oS3,
being Sec. . of Oh. l1?.) There were
then few II any railroads crossing
State boundaries. In the whole coun-
try there were but l.si3 miles OF rail-
road.
NJ that time. July :. 1885. President
Van Buren also approved another act
for the better security OF passengers
on steamboats,. Statutes at Large.
V. y. 30i. being Oh. 1917 This re-
quired AL owners OF steamboats,"
without exception. 10 take out a new
license hereunder and made IL unlaw-
ful TO transport goods or passengers
without such license. That act called
for the periodic inspection OF boilers.
i"a'''!h"'s an" nuns required Tue eH-
ployment or a competent number or
ShlII'd engineers that the saiety waive
shall be opened whenever a vessel il
stopped. that every steamboat run
nins between sunset and sunrise shall
carry sigma! 4!ShtS visible 10 other
boats; that every person employed on
board any by whose mis-
conduct n~eIlis'nce or lnattention 10
duty the NE "f any person on board
may he destroyed snail nc guilty. or
inanslaughter ana on conviction sem
fenced 10 conrnemeht at hard b
FOR not more than ten wears; that IN
al suits AGAINST owners OF
Tor INJURIES arising 10 person or prop
erty from the bursting or the boiler
or the collapse "f a nue. or other in
furious escape OF steam, the fact OF
su'h bursting, collapse or injurious
escape oi steam h he taken as fuII
prima facic evidence. suficient To
charge the defendant. or those in his
employ, with negligence.
In 1872 an exception was made as
10 steam ferry boats and canal boats.
But at present. and since at least 1871.
ali vessels and boats propelled in
Who're or III i"'' ny swami nav 's"t'lls
any waters ""l'n ar" common HlSH-
ways o' commerce. are under Federal
regulation, Win the single exception
~ canal bna,s Revised Statutes.