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Updated: June 4, 2025
The amendment was drawn by Attorney-General Moody after consultation with the Inter-State Commerce Commission, and was forwarded by me to Senator Dolliver; it was accepted, and the bill became law.
By Robert Mallory, of Kentucky: Prohibit slavery north and protect it south of the line of 30º 36'. Admit States with or without slavery. No prohibition or abolition of the inter-State slave trade or slavery in the District of Columbia, or in arsenals, dockyards, etc., of the United States.
Thus the Constitutional distinction between state and inter-state commerce is irrelevant to the real facts of American industry and trade. In the past the large corporations have, on the whole, rather preferred state to centralized regulation, because of the necessary inefficiency of the former.
But it does mean that all those Governments have to surrender almost as much of their sovereignty as the constituent sovereign States which make up the United States of America have surrendered to the Federal Government; if their unification is to be anything more than a formality, they will have to delegate a control of their inter-State relations to an extent for which few minds are prepared at present.
There is a much more numerous and more important class of cases in which the Supreme Court, while not claiming to exercise this power, has virtually annulled laws by giving them an interpretation which has defeated the purpose for which they were enacted. The decisions affecting the powers of the Inter-State Commerce Commission may be cited as an illustration.
"I am glad of that," responded Dave, "because it may help you identify me with the Inter-state people. As an employee of theirs and a friend of Mr. Timmins, I will have to be confidential with you." "That's all right we are used to confidences in this business," said the hotel clerk. Dave reflected deeply for a moment. He had a definite plan in view.
A protective tariff is, of course, a plain case of preferential class legislation, and so was the original Inter-state Commerce Act. They were designed to substitute artificial preferences for those effected by unregulated individual action, on the ground that the proposed modification of the natural course of trade would contribute to the general economic prosperity.
The order has had a large influence in securing the following: The separation of certain agricultural colleges from universities which were receiving the land-grant funds, but were not, in the opinion of the farmers, duly contributing to agricultural education; the confining of the appropriations under the second Morrill act of 1890 strictly to instruction in agriculture and mechanical arts; the Hatch Act of 1887, establishing an experiment station in each state and territory; making the head of the Department of Agriculture a cabinet official; the agitation resulting in the famous Iowa court decision, that railroad franchises are subject to the power that created them; the establishment of the Inter-State Commerce Commission; tax reform in many states; laws favoring pure food and dairy products; preventing extension of patents on sewing machines; the establishment of rural free mail delivery.
Thanks to this law and to the way in which the Inter-State Commerce Commission was backed by the Administration, the Commission, under men like Prouty, Lane, and Clark, became a most powerful force for good.
Moreover, the Federal Government must in ever-increasing measure proceed against the degraded promoters of this commercialism, for their activities are inter-State and the Nation can often deal with them more effectively than the States; although, as public sentiment becomes aroused, Nation, State, and municipality will all cooperate towards the same end of rooting out the traffic.
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