Chief Justice Story commenting on this provision of the constitution, says: "It is a power vital to the prosperity of the Union, and without it the government would scarcely deserve the name of a national government, and would sink alike into discredit and imbecility. It would stand as a mere shadow of sovereignty to mock our hopes, and involve us in a common ruin." Legislators, as a rule, represent their constituents in all matters in which the people are agreed. There is greater danger of the people electing men whose interests are not in common with them, or that do not believe as their constituents, than in their being bought up after they are elected.

All recognize this truth, therefore the strife to elect certain men as against certain other men, when perhaps all are honest. If the half dozen railroad men in the United States are determined on continuing their robbery of the people, their only resort left is to pack the state and national legislatures with railroad men and thus prevent the passage of any law abridging their self assumed privileges.

Whatever may be their intent, congress should be devising some method whereby the people may have a voice in fixing rates; otherwise these corporations instituted by the people are the sovereigns and not the people. Whether by fixing maximum. rates from objective points to certain rates per mile on all through freight or by building or purchasing a through line to the sea coast would perhaps be presumptive to suggest; but I believe that both these things should be done as soon as possible, both having in their respective capacity a tendency to effect the desired end, to wit: reasonable rates for through freights. The patronage of the government on a government railroad would be argued as an evil; the same may be said of the postoffice department, but the same necessity for each, outweighs the objections. Cheap rates for through freights ultimately mean good prices for certain manufactured articles where most of the manufacturing is done. So also it insures more profits to western farmers for our surplus productions.

Of the productions of this country only ten per cent. is exported, showing that the farmers and shippers of the west are in

terested in cheap through freights, but little being consumed by western manufacturers, and it is not antagonistic to the interests. of the eastern farmers, as the only articles that at present pay them to raise are such as are generally consumed at home in their large cities and manufactories. Likewise the eastern manufac turer is interested in cheap freights for his western bound articles, they not being brought in competition to any extent with western manufactured articles. Consumption within the United States disposes of the balance of our productions but of the ten per cent. exported, a large proportion comes from the west and in no way affects eastern productions.

The total export value from the U. S. for the year 1879 was $717,093,777, of which $604,156,492 were agricultural products, eighty-four per cent. of the whole amount. Of this it is fair to assume that as much as sixty per cent. comes from west of Chicago, thus giving us an income for products west of Chicago, on products sold in foreign markets, of $362,433,952. Supposing every dollar of this represents one bushel of wheat in Chicago, bound for a foreign market, and the railroads charge five cents per bushel too much for freight one half of the year, and that the railroads carry one-half of the freight, and water lines the other half, then the producers are out of pocket, and it is in the pockets of the railroad men just five per cent. of one fourth of this $362,433,952, which is $4,511,183. Now if this $604,156,492 is only ten per cent. of our gross productions, it is fair to presume that the $4,511,183 is not to exceed one-tenth of this five cent unjust railroad tariff on our western productions west of Chicago, amounting in all, during each year, on the lines to the sea coast or thereabouts, to $45,111,830 on eastern bound agricultural freight, whatever may be true on other freight east and west, and for passengers both ways. I assume also, without figures, that when the profits on the best lines are from fifteen to twenty-five per cent. on investment, and fifty per cent. on gross receipts by their own figures, it is more than a fair revenue, and an imposition on the people. Take the state of Wisconsin; in 1879 we raised 20,565,720 bushels of wheat. If one-half of this was shipped by water and one-half by rail, at the figuring before stated, with the

unjust raise of five cents per bushel for one-half the year, there would be a loss on this production alone, to the farmers of this state of the snug little sum of $128,535, and to each farmer that sells one thousand bushels of wheat, a loss of $12.50, and if he sold in winter, a loss of $50.

In 1874 the United States Senate appointed a special committee, consisting of senators William Windom, John Sherman, Roscoe Conkling, H. G. Davis, of West Virginia, T. M. Norwood, of Georgia, J. W. Johnston, of Virginia, John H. Mitchell, of Oregon and S. B. Conover, of Florida, to investigate the subject. The committee devoted several months to the matter and examined it thoroughly. They reported as follows:

"I. That the powers of congress, whatever they may be, are derived directly from the people of the several states, and not from the states themselves.

"II. That every important word in the clauses which confer the 'power to regulate commerce among the several states,' and to 'make all laws which shall be necessary for carrying it into exe. cution,' has received legislative, executive and judicial construction, and under such construction, the power of congress to regulate inter-state transportation by railroads, and to aid and facilitate commerce, is clearly established.

"III. That in the exercise of this power congress is authorized, under the grant of auxiliary power, to employ such means as are appropriate and plainly adapted to their execution.

"IV. That in the selection of means by which inter-state commerce shall be regulated, congress may

"1. Prescribe the rules by which the instruments, vehicles and agents engaged in transporting commodities from one state into or through another shall be governed, whether such transportation is by land or water.

"2. That it may appropriate money for the construction of railways or canals, when the same shall be necessary for the regulation of commerce.

"3. That it may incorporate a company with authority to construct them.

"1. That it may exercise the right of eminent domain within a

state in order to provide for the construction of such railways and canals; or,

"5. It may, in the exercise of the right of eminent domain, take for the public use, paying just compensation therefor, any existing railway or canal owned by private persons or corporations."

As I have before stated there is no longer any doubt as to the power of supervision by the government to regulate inter-state commerce, advisability and expediency being the only questions that need now be considered. If advisable and expedient as seems to be the almost unanimous sentiment of the business and productive elements of our country, we should not longer hesitate, but. make if necessary, an issue on this proposition and force the political parties into an active co-operation, and elect men of all parties on this platform, or else if need be make the distinct issue outside of all present party organizations. The danger of consolidated capital to the future welfare of our republic, really outweighs all present inconvenience, but the present evil is so apparent that it seems to me, no good citizen can be indifferent to the results.

A few weeks since the telegraph lines of these United States. were consolidated in the hands of J. Gould, and Gould has lately sent his agent to the Mississippi Valley with a majority of stock to vote at a meeting of stockholders of the upper main water line to the gulf.

The Chicago & Northwestern and the Milwaukee and St. Paul control most of the northwestern railroad lines.

Vanderbilt, Gould, Scott and a few others own the eastern lines and dictate to those west, while the Southern and Central Pacific control the Pacific coast lines.

All the smaller lines are dependent on the larger and to a greater or less extent, the water lines, and these on the will of a few individuals that hold a controlling interest in the stock of the heavy lines.

Freight and passenger tariffs are held just as high as the trade will warrant (not as low as possible and pay fair percentage on cost as it should be) with now and then a let up in the shape

of a sham fight between roads, just enough to blind and propitiate the people.

Their very usefulness makes them the more easily our masters. They stretch from the most densely populated parts of our Union to the unfrequented wilds of the forests and to the boundless, homeless prairie beyond civilization, thus dictating settlement and fixing commercial points more certainly than geographical position or nature's water routes.

Great are their benefactions and equally great their exactions. Great is their power, and ready are they to make it felt. Wise men of all parties have warned us of the danger of their power, if unrestrained.

It is wiser to forsee an evil and take steps to avert it, than to pass on heedless of results until these iron cords shall have strangled from the body politic, all vital principles and powers of a free people.

DISCUSSION.

W. W. Field, Madison I see that the Hon. I. C. Sloan is in this Assembly, and I have no doubt this entire convention would be glad to hear from him upon this question. I call upon Mr. Sloan.

Hon. I. C. Sloan, Madison-Mr. President and Gentlemen : This subject of transportation by railroads, and the charges which were made at one time, engaged my attention to a considerable. extent, but it is some years since I have bestowed much thought upon it. It is a subject that no one should attempt to discuss without a good deal of thought and a good deal of investigation. In regard to the paper which has been read here, the statements it contained are entirely correct in regard to the condition of the law upon the subject of railroad transportation. The supreme court of the United States, in the cases that were referred to in that paper, have settled, and I think settled effectually and finally, the full power of control not only of the state legislatures but of congress over this whole subject. They have held in substance. that railways are public highways; that the business of transporting passengers and freight upon them is public business that is,