GOVERNMENTAL REGULATION OF RAILROAD TRANSPORTATION

It is a maxim of common law that transportation charges must be

reasonable, and the exaction of an unreasonable rate by a public

carrier is a common-law misdemeanour punishable by the courts. But

when, as the result of severe competition of railroads with waterways

and with each other, unjust discriminations between persons, between

places, and as regards classes of traffic--the abuses which constitute

the railway question--became prevalent, the common-law provisions

applying to railway charges were given statutory form and were

supplemented and extended by such legislation as the circumstances

peculiar to the situation seemed to demand. The comprehensive

railway- and canal-traffic act passed by Great Britain in 1854 has

been the model adopted for much of the railway legislation in the

United States.

The Constitution of the United States gives Congress power to regulate

commerce "among the several States," but the jurisdiction over

intrastate traffic lies with the State governments. The States began

to pass general laws for the regulation of railroads fully twenty

years before Congress acted, and two thirds of the States have

established commissions to administer those laws.

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