The New NationPaxson, Frederic L. (Frederic Logan)
History
The New Nation
Paxson, Frederic L. (Frederic Logan)
United States -- History -- 1865-1921
The problems of national communication, Western settlement, and public
lands resulted from the completion of the continental railways, while
the railways themselves gave a new significance to transportation in
America. During the years of the Granger movement the doctrine had been
established that railroads are quasi-public and are subject to
regulation by public authority. In the Granger Cases in 1877 the Supreme
Court recognized the right of the States to establish rates by law, even
when these rates, by becoming part of a through rate, had an incidental
effect upon interstate commerce. The problem had been viewed as local
or regional during the seventies. Most of the States had passed railway
laws and had proceeded to accumulate a volume of statistical information
upon the railway business, that was increased by such public
investigations as the Windom and Hepburn Reports and by lawsuits that
revealed the nature of special favors and rebates.
Before the States had gone far in the direction of railway regulation it
was discovered that no State could regulate an interstate railway with
precision and justice. The great systems built up by Villard and Gould
and Vanderbilt and Huntington dominated whole regions and precipitated
the question of the effectiveness of state action. The continental
lines, necessarily long and traversing several States, emphasized the
inequality between the powers of a State and the problem to be met.
Their national character pointed to national control.
In Congress there were repeated attempts after 1873 to secure the
passage of an Interstate Commerce Act. In continuation of this campaign
a committee headed by Senator Shelby M. Cullom, of Illinois, made a new
investigation in 1885, and reported early in 1886 that supervision and
publicity were required, and that these could best be obtained through a
federal commission with large powers of taking testimony and examining
books. The committee was convinced, as the public was already convinced,
that the problem had become national.
The Supreme Court reached the same opinion in 1886 when it handed down a
new decision in the case of the Wabash Railway Company vs. Illinois.
Here it reversed or modified its own decision in the Granger Cases. In
1877 it had ruled that railways are subject to regulation and that the
States under their police powers may regulate. It now adhered to its
major premise, but declared that such regulation as affected an
interstate rate is exclusively a federal function. In effect it
determined that if there was to be regulation of the great systems it
could only be at the hands of Congress.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account