| House of Representatives | Senate | ||
|---|---|---|---|
| 1874 | Passed | 121 to 116 | " |
| 1877 | " | 139 to 104 | " |
| 1884 | " | 161 to 75 | 43 to 12 |
| 1886 | " | 192 to 41 | 47 to 4 |
| 1887 | " | 219 to 41 | 37 to 12 |
The constitutionality of the Act to Regulate Commerce of 1887 need not long concern us.[544] Everything depended upon the interpretation of the clause in the Constitution conferring upon Congress power over commerce with foreign nations and among the states. A generation earlier the regulation of railroads by Federal statute might not have been sanctioned. But Lincoln and Grant had dealt a death blow to the old states' rights idea. And the positive legislation after the Civil War prior to this time, had already denoted a much more progressive and liberal point of view. The far-reaching decisions of the Supreme Court following Munn v. Illinois in 1876 had clearly upheld the power of the several states to regulate commerce. The situation called only for definition of the dividing line between state and Federal authority. This was accorded in the Wabash case, which, as has already been stated, terminated the congressional deadlock, and brought about an agreement upon the terms of the law. Nor is it without significance, in the light of subsequent events, that the Wabash case was an appeal by a common carrier to Federal authority for protection against a state statute.
A brief summary of the main provisions of the Act to Regulate Commerce, at this point, will be convenient for future reference.
Section 1. It applies to freight and passengers by land; or by land and water in cases of continuous or through shipment, even to foreign countries. All charges shall be reasonable and just; and every unjust and unreasonable charge is prohibited.
Section 2. Rebates and personal discrimination of every sort forbidden.
Section 3. Local discrimination forbidden; equal facilities for interchange of traffic with connecting lines prescribed.
Section 4. Long and short haul clause: "That it shall be unlawful for any common carrier subject to the provisions of this act, to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance: Provided, however, That upon application to the Commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act."
Section 5. All pooling and traffic agreements prohibited.
Section 6. All rates and fares to be printed and posted for public inspection at all stations; and filed with the Commission at Washington. No advance in rates except after ten days notice. All charges, other than as published, forbidden.
Section 9. Procedure by complaint before the Commission or Federal courts. Power to compel testimony and production of papers.