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action or suit may be, the common carrier is awarded no costs of any

kind. Whether this inequality infringes the Constitutional prerogatives of the common carriers is another of the questions which the courts. must decide.

(e) The next question that will arise in considering the effect of the Inter-State Commerce Act is, whether it does not conflict with paragraph 5 of Section 9 of Article I. of the Constitution of the United States, which provides that: “No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another."

While the Act in question does not, in express terms, give any preference to the ports of one State over those of another, it would be sufficient, so far as the objects of this provision of the Constitution is concerned, if it could be demonstrated that the effect of the legislative measure would accomplish the result prohibited by the Constitution.

We do not intend to examine the question of fact raised by persons interested in this Act, whether its effect will be to create a preference in favor of some ports over those of others, but it is sufficient for our purposes to refer to the section of the Constitution which may cover such an argument if it should be made.

(f) Finally, the question will arise whether the effect and consequence of the Inter-State Commerce Act is to violate the Fifth Amendment to the Constitution, which provides, inter alia, that no person shall “ be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation..

Without venturing into a detailed discussion upon these subjects, we have endeavored to impartially present the salient points which arise from a consideration of this important Act. It is the first attempt on the part of Congress to concentrate into the hands of a Commission powers that are at once judicial, commercial, and inquisitorial, and the decision of the Supreme Court of the United States upon this important subject will be awaited with the most intense anxiety and interest by the people of the United States.

* See as to abrogation of contracts, ante pp. 27, 28.





Salary of Commissioners.
ACH Commissioner shall receive an an-

nual salary of $7,500, payable in the same manner as the salaries of judges of the courts of the United States. (Sec. 18.)

Secretary of Commission. The Commission shall appoint a secretary, who shall receive an annual salary of $3,500, payable in like manner. (Sec. 18.)

Other Employees. The Commission shall have authority to employ and fix the compensation of such other employees as it may find necessary to the proper performance of its duties, subject to the approval of the Secretary of the Interior.


Offices of Commission. The Commission shall be furnished by the Secretary of the Interior with suitable offices and all necessary office supplies.

Fees of Witnesses. Witnesses summoned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (Sec. 18.)

Expenses of Commission. All of the expenses of the Commission, including all necessary expenses for transportation "incurred by the Commissioners, or by their employees under their orders, in making any investigation in any other places than in the city of Washington, shall be allowed and paid, on the presentation of itemized vouchers therefor approved by the chairman of the Commission and the Secretary of the Interior. (Sec. 18.)

Principal Office of Commission. The principal office of the Commission shall be in the city of Washington, where its general sessions shall be held ; but whenever the convenience of the public or of the parties may be promoted, or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. It may, by one or more of the Commissioners, prosecute any enquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this Act. (Sec. 19.) Reports of Commission to Secretary of Interior.

The Commission shall, on or before the first of December in each year, make a report to the Secretary of the Interior, which shall be by him transmitted to Congress, and copies of which shall be distributed as are the other 'reports issued from the Interior Department. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as

to additional legislation relating thereto as the Commission may deem necessary. (Sec. 21.)

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