Year: 1874




Next 70 the financial problem, the
most important matter before congress
is that of transportation, and on this
the house has reached a decision, by
passing the bid of ME. McOrary to
regulate commerce By railroad among
the several states, by 8 vote Of 12I to
1I6.


The bill which has been thus sane
toned by one branch Of congress is
without 4 precedent in our legislation.
Until recently, the constitutional power
OF congress to regulate commerce be-
tween the states vas one Of no practical
value, and it was consequently but lit-
tie discussed !; and of course, but few
Of our public men held any decided
views regar ding it. But for several
years past, this matter has been rapidly
coming to the foreground IN our az
fairs. The grain production of the
vest, more than keeping pace with the
means of transportation to the sea-
board, made the problem presented Of
Immediate and pressing consequences.
The necessities OF producers naturally
fastened and extended the organization
Of the oranges, which, in its turn, led
TO an active and sympathetic warfare
upon what were deemed railroad extor-
tlons. Such q contest as this could not
be kept out of congress.


The bill provides for the appoint
ment by the president of nine railroad
commissioners, who are given the pow
er of fixing the maximum rates OF
charges for the transportation of freight
and passengers over all lines of rail
roads extending into or through two
or more states. The penalties for any
violation of these rates are severe and
ample. Power is given the commission
ers to infiict them. 1t was supposed,
that the corporations would seek 10
evade the act by the plea that a rail-
road, holding its franchise from q state,
could not possibly extend beyond state
limits, so that, IN fact, there Is no such
thing as interstate lines of railroads.
To meet this plea the following section
was placed in the bill


That in all cases where two or more
persons, companies. or corporations
unite together fOr'the purpose OF trans
porting freight or passengers over sew
eral lines of railroad from a place IN
one state 70 place in another state, the
several lines thus operated together
shall be treated, for all the purposes of
this act, as one line and each and ev-
cry of such persons, companies, and
corporations shall be bound by the pro-



violation IL ereof. And IN ali cases where
several lines of railways are united, or
connected together, and engaged in car
rying freight or passengers into or
through two or more states, by q con-
tinuous route, whether under one man
agement or not, it shsll not be lawful
for them, or any Of them, to evade the
operation of this act by any form of G N
tract designed for that purpose and it
shall be competent in all suits brought
under this act to show that the defend
ant was IA fact, when the alleged extor-
tion occurred, engaged in operating a
part of continuous line of interstate
commerce. aud upon such fact being
made to appear such defendant shall be
held subject to the provisions of this
act, whatever the character or form Of
the contrast between such defendant
and the shipper may have been"


If this bill becomes o law, and is en-
forced, the commissioners will fix the
charge for every passenger and every
pound of freight passing beyoHd state
limits over 8 continuous line, whether
managed by one corporation or dozen.