Year: 1874

z .a Congress and the Railroads.


Among the many difficult problems present.
ed to Congress for solution, no one is more
closely connected with the prosperity of the
country and at tine same time involved with
greater perplexity, than that of cheap trans
portation between the interior sea board, and
the extent to which railroads and canals may
be controlled by Congress under the provision
of the Constitution giving that body the pow
er to regulate commerce between the states.
The first question that presents itself in this
., connection is: Has Congress the right to reg
ulate railroad charges? The House Commit
tee on Railroads and Canals in its extended
report on the subject answers this question in
the affirmative, giving numerous authorities.
Senator Morton in his speech Tuesday takes
the same ground.


As to the general right of Congress to regu-
late commerse between the States, there can
be no question, for it is explicitly affirmed by
the Constitution. Railroads were not dream.
ed OF by the trainers of the constitution, but
there can be no doubt that the power given
to Congress embraces commerce by this me-
dium as well as by water. Nor does it mean
mere traffic in its restricted sense, but inter-
course between states in the most general
sense. All this the report of the House Com
mittee confirms by numerous authorities. 1t
also shows that the trunk freight lines extend
ing through several states, have it entirely
within theirpower to impede traffic between
states or through states by an agreement to
bo rato trop foti
recently done by all the railroad corporations
when the canal season closed. But whether
such an increase of railroad tariff upon freight
as will increase its price twenty-five per cent
to the consumer. while the managers prompt
ly ship all that is brought TO them can be
hindrance to commerce between the States, is
another question. A suffering and perhaps
outraged people are confident that such ex-
tortions are restrictions, and the House Com
mittee and Mr.. Morton agree with them. Yet
it still remains to be shown that the Constitu-
ton contemplates giving, or can be construed
so as to give Congress the power to determine
freight charges on railroads or other means of
commerce between States. The question to
be decided is: What does regulation mean
and how far and to what points does the au-
thority of Congress extend?


Judge Story, in his Commentaries on the
Constitution, defines the scope of this pro-
vision, and the best way to convey just idea
OF what it authorizes Congress to do is to
quote his words. SIT is not doubted" he
says, ''that it extends to the regulation of
navigation, and to the coasting trade and
fisheries within as we'll as without any State,
wherever it is connected with the commerce
b or intercourse with any other State, or with
foreign nations. 1t extends to the regula.-
tion and government OF seamen on board of
American ships: and to comforting privileges
upon ships built and owned in the United
States, in domestic as well as in foreign trade
1t extends to quarantine laws, and pilotage
laws and wrecks of the sea. 1t extends as
well to the navigation of vessels engaged in
carrying passengers, whether steam ves-
sells or OF any other description, as to the
navigation of vessels engaged in traffic and
general coasting business 1t extends to the
construction of lighthouses, the placing of
buoys and beacons, the removal of Instructions
to navigation in creeks, rivers, sounds and
bays, and the establishment of securities to
navigation against the inroads of the ocean,
1t extends also to the designation of par
ticular port or ports of entry and delivery for
the purposes of foreign commerce.


Judge Story has made very full enume-a-
tion of powers under this provision but there
is nothing in the enumeration touching upon
or analogous to the adjustment Of freight
charges. Perhaps the able jurist could not
imagine that there would be any means of in
ter-state transportation of which managers
would have so great power or use it 50 blind
ly and oppressively. But be this as it may,
the question as to the right of Congress to
regulate railroad tariffs, still remains unde-
termined and will doubtless be referred to the
Supreme Court OF the United States in time.


1t is said that the Democrats in Congress
will oppose the proposition to regulate rail-
road charges by the national government be-
cause of devotion to their exploded notions
respecting 'state rights.'' In 1851 these
same notions led a large number of them to
do and say things for which they cannot atone
during the rest of their lives. Let them take
warning, and remember that in the solution
OF this question, whatever is for the
good of all the states, will be for the
good OF any one of them. The evils sought
to be remedied by the bill reported by the
House Committee and by Mr.. Morton's reso-
luton are palpable and oppressive, and the at
tempt TO furnish relief should command the
best efforts of the wisest men of both parties.