The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1921-05-18
REGULATING
COMMERCI
The Section of the U. S. Cons
tuition that Has Been Produc'
tive Of Most Litigation J

Washington, Nay 13-The old AK
iom that Commerce is the Life-blooda
of a Nation" could be amended to {
read-"and of its courts" according
to attorneys OF many years experience
before the United States Supreme
Court.
Inquiry of a number of experts on
constitutional law as to the section
which has been productive OF most
litigation, brought the unanimous re-
sponse: Section 8. paragraph 3.
This section, one Of the shortest In
the immortal document, declares that
Congress shall have the power to
regulate Commerce with foreign ma
tions and between the several states.
From that brief clause, has arisen
all the rate cases, those involving
public utilities the Interstate Com
merce Commission, child labor, Fed
4 eral Employers Liability Act, the lot
terry laws, the White Slave Act and,
more recently, the numerous prehibi-
ton statutes preceding the amend
ment Itself
Chief Justice Marshall asserted in
a judicial opinion that commerce
must be interpreted to mean inter
course" and. lawyers say his wide in
depreciation was the progenitor OF
the whole family of legal battles
turning upon the commence section.
Washington showed his foresight
edness Immediately after the Revolt
tionary War" said one constitutional
law expert recently, land placed his
finger on the most glaring weakness
of the Articles Of Confederation. when
he called the Annapolis Convention
to discuss commerce between Mary
| land, Virginia and Delaware" This
convention, forerunner Of that held IN
Philadelphia shortly afte erw a I'd
agreed that no restriction Of any sort
should be placed Ok the commerce OF
the three states.
Realizing that the agreement was,
worthless unless supported by the ad-
joining states. Washington and his,
ccnferees determined. it is said. te
make the question of commerce a.
feature of the Philadelphia meeting.
It is the contention of some author
tiles that the section written into the
/ Constitution was the outcome OF a, de-
liberae effort to take away all regu-
! latory powers over commerce froms
the states. Others maintain that the
school of thought headed by Ham
ilton and Marshal. was decisiyely
beaten in this endeayor as in several
| others fostered to establish strong
central government and that congress
sional regulation os commerce was
intended to cover only the movements
| of goods over the state lines without
hindrance of tolls and tariffs.
Be that as it may. under recent
decisions of the Supreme Court,
commerce has been interpreted to
cover not only the movement of. goods
but of men and women-as in the
White Slave Act In the Peterson
case, the court held that q man hand
| ling bolts intended for use in a bridge
over which Wasl:ngton-New York
trains passed must be considered to
| be engaged in interstate commerce
Within the last few weeks. no less
than q dozen cases Involving IN some
way the commerce section, have been
docketed in the Supreme Court The
Wisconsin and New York Rates Case
Will determine whether the Inter
state Commerce Commission has the
right to fix purely intra-state rail-
road rates. case from Texas will
decide whether the Commission can
authorize the abandonment of rail-
roads lines. Other suits turn upon
obscure points in the Federal En-
ployers Liability Act.
|