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Updated: May 4, 2025
With financial ruin staring them in the face, they, and the whole brood of erstwhile railroad kings, will make urgent haste to sell to the government, at the bare cost of construction, such great through lines as may be necessary to maintain inter-state commerce, and across-the-continent traffic. Other roads, they may not sell at any price.
The Supreme Court has direct appellate jurisdiction over the District and Circuit Courts in cases turning on the limits of their jurisdiction, in prize causes, in equity suits by the United States under the statutes regulating inter-State commerce, and in all cases involving the construction or application of the Constitution of the United States, or of a treaty.
A last formal presentation of the Southern ultimatum was made by Toombs in the Senate. It was the familiar demand slavery in the territories; slavery under Federal protection everywhere except in the free States; fugitives to be returned; offenders against State laws to be surrendered to justice in those States; inter-State invasion and insurrection to be prohibited and punished by Congress.
It set forth the array of figures as given him in the reports of the Inter-State Commerce Commission, sent by his friend, the Hon. Augustus Schoonmaker, of Kingston, New York, and then in Washington, one of the Commissioners. There was considerable surprise and criticism from among his auditors, and the facts as set forth were doubted.
An Inter-State Concert, with a Judiciary of its own and an Army and Navy under its own orders, is, in fact, not an Inter-State Concert at all; it is a new State: it is, in fact, the World-State. There is no middle course between Law and no Law: and the essence of Statehood, as we have seen, is a Common Law.
During his generalship there were several interesting "spats" between the Inter-state Commerce Commission and the railroads, but Attorney- General Stoddard was the right man at the right time, and I assure you that the State didn't have to suffer. Judge Moran is another original son of Erin who has adopted Nevada and has been adopted by her.
They needed a form of association strong enough to defend their frontiers, but not sufficiently strong to attack their neighbors with any chance of continued success; and such a state could not exist unless its unity and integrity had some moral basis, and unless the aggressions of exceptionally efficient states were checked by some effective inter-state organization.
Not only some of the Federal judges, but some of the State courts invoked the Constitution in a spirit of the narrowest legalistic obstruction to prevent the Government from acting in defense of labor on inter-State railways.
No less preferential in purpose are the measures of reform recently enacted by the central government. The amended Inter-state Commerce Law largely increases the power of possible discrimination possessed by the Federal Commission.
Their influence at Washington was sufficiently powerful to prevent the adoption of any effective measures for the abatement of the evil. The Federal Inter-state Commerce Commission, unlike the local authorities, would have been fully competent to abolish rebates; but the plain truth was that the effective public opinion in the business world either supported the evil or connived at it.
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