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had no right to regulate the traffic and business of railroads running through their respective boundaries into other jurisdictions, and that such power existed solely in the Congress of the United States.

But it must be remarked, that the language of Mr. Justice Miller, which is quoted above, so far as the Inter-State Commerce Act is concerned, the provisions of which were not before, the Court, should be regarded as obiter dictum, and used only in a most general sense.

When the Act, therefore, creating the InterState Commerce Commission comes before the Supreme Court for interpretation, it will be treated and regarded as a new and original question, to be determined upon general principles, and without a precedent to guide the judges in their decision.

It is not necessary for the purposes of this work, indeed it would be fruitless to endeavor to attempt, to predict what the result may be when this Act comes before the Federal courts. for interpretation. Our purpose will be subserved in laying before the readers, independently, and without bias, briefly and generally, the main and striking arguments which occur to us in our analysis of the different sections of this important law.

CHAPTER II.

TO WHAT COMMON CARRIERS THE INTER-STATE.

COMMERCE ACT APPLIES.

THE

HE first section of the Inter-State Com

merce Act, by the most general and comprehensive language, undertakes to include within its provisions two descriptions of carriers.

Common Carriers Wholly by Railroad. First: The Act applies to any common carrier or carriers engaged in the transportation of passengers or property, wholly by railroad, from one State or territory of the United States, or the District of Columbia, to any other State or territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any

place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or in an adjacent foreign country. (Sec. 1.) Common Carriers Partly by Railroap and

Partly by Water. Second : It also applies to any common carrier or carriers engaged in the transportation of passengers or property partly by railroad and partly by water when both are used, under (1) a common control, (2) management, (3) or arrangement, for a continuous carriage or shipment from one State or territory of the United States, or the District of Columbia, to any other State or territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or. from any place in the United States through a foreign country to any other place in the United States, and also to the transportation, in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of trans

shipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or in an adjacent foreign country. (Sec. 1.)

Term RailroadDefined. Third: The term "railroad," as used in this first section, is also defined to include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease ; and the term “transportation” shall include all instrumentalities of shipment of earriage (Sec.I.)

It will thus be seen, by a perusal of the first section of the law, that its language embraces all common carriers of passengers or property, doing business with more than one State, whether such carriers are natural persons, or corporations ; whether they are aliens, or citizens, or foreign or domestic corporations.

Under the broad language of the first section, Express and Transportation companies are likewise included in the law, when their business runs into different States.

And Warehousemen and Storage-keepers are perhaps also embraced within the meaning of the law, where property is intrusted to their care, and they undertake to deliver it in another State, because the concluding language of the first section prescribes that all charges made " for the receiving, delivering, storage, or handling of such property” shall be reasonable and just.

Internal State Commerce Not Affected. Fourth : It is expressly provided in the Act, that its provisions shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or territory as aforesaid. (Sec. 1.)

This exception was undoubtedly incorporated in the Act, in deference to the decisions of the Supreme Court of the United States, which hold that the power of Congress does not extend to regulating commerce completely internal. (Gibbons v. Ogden, 9 Wheat., 1.)

A common carrier, accordingly, may transact two classes of business, viz., one wholly within way State—in which case the business is un

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