The Railroad Question: A historical and practical treatise on railroads, and remedies for their abusesLarrabee, William
History
The Railroad Question: A historical and practical treatise on railroads, and remedies for their abuses
Larrabee, William
Railroads; Railroads -- United States; Railroads and state -- United States
"There are many reasons besides these in the interest of
uniformity which make it desirable to transfer the entire
control of this important matter to the regulation of the
Nation. First, because of its constitution and more extended
sessions, Congress is able to consider the subject with
greater deliberation, and therefore with more intelligence,
than can a legislature composed of members who, as a rule,
hold their office for but one short session of about sixty
days' duration. There would also be removed from local
legislation a fruitful source of corruption, which is
gradually sapping the foundations of public morality.... In
the second place, the problem of regulating railway tolls
and managing railways is essentially and practically
indivisible, by State lines or otherwise, and therefore it
is not clear but that whenever the question may come before
the courts it may be held that the authority of Congress to
deal with interstate traffic carries with it, as a necessary
and inseparable part of the subject, to regulate the traffic
which is now assumed to be controlled by the several States.
The courts have held that the States have authority to
regulate strictly State traffic in the absence of
Congressional action, but their decisions do not preclude
the doctrine that Congress may have exclusive jurisdiction
whenever it may choose to exercise the authority. There is a
line of reasoning which would lead to that conclusion. It
may be that many will not care to follow the lead of the
writer as to the measure of aggregate net revenue which
railway companies are entitled to collect in tolls, but it
is evident that before the tolls can be intelligently
determined some measure of such aggregate revenue must be
ascertained. The question would then arise, what proportion
must be levied upon State and interstate traffic
respectively? If the State should refuse to levy its share
(and how could such share be ascertained?), then more than
its share would have to be levied on interstate traffic, and
thus the State by indirection would be able to do what the
Constitution prohibits. Of course, when the Constitution was
adopted railways and railway traffic were unknown. But it
was a similar question which brought the thirteen original
States together into one nation, under the present
Constitution. At least the first movement toward amending
the original Articles of Confederation was to give Congress
enlarged power over the subject of commerce."
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