Cases On Constitutional Law volume 2

Cover Cases On Constitutional Law volume 2
Cases On Constitutional Law volume 2
James Bradley Thayer
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V. ILLINOIS. [CHAP. X.
ion says : . . . [Here follows a passage given supra, p. 1983, begin- ning with the words: " Tlie line which separates, " and ending on p. 1984, at the words : '' No carrier of passengers. "] The applicability of this language to the case now under considera- tion, of a continuous transportation of goods from New York to Cen- tral Illinois, or from the latter to New York, is obvious, and it is not easy to see how any distinction can be made. Whatever may be the instrument
...alities by which tliis transportation from the one point to the other is effected, it is but one voyage, as much so as that of the steamboat on the Mississippi River. It is not the railroads themselves that are regulated by this Act of the Illinois Legislature so much as the charge for transportation, and, in language just cited, if each one of the States through whose territories these goods are transported can fix its own rules for prices, for modes of transit, for times and modes of delivery, and all the other incidents of transportation to which the word " regulation " can be applied, it is readily seen that the embar- rassments upon interstate transportation, as an element of interstate commerce, might be too oppressive to be submitted to.

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