Wikisource

Page:American Journal of Sociology Volume 1.djvu/429

This page has been proofread, but needs to be validated.
ANTI-MONOPOLY LEGISLATION.
417

the states have reserved this right in their constitutions. Alabama, Colorado, Illinois, Missouri, Nebraska, Pennsylvania, and West Virginia provide that the right of eminent domain shall never be abridged. Colorado, Missouri, and Pennsylvania provide that the police power shall never be abridged. Delaware, Kansas, and Pennsylvania reserve the right to alter or revoke any charter granted to corporations.

In harmony with these principles—some of which, however, have been but recently expressed—the states began to take steps to prevent the consolidation of these quasi-public corporations.

In 1868, a provision was made by the constitution[1] of South Carolina for the regulation of "the public use of all franchises which have heretofore been, or hereafter may be created or granted by or under the authority of the state;" and for limitation by law of tolls, imposts, and other charges. In 1870, Illinois prohibited by constitutional enactment[2] the consolidation of competing railroads. West Virginia[3] (1872), Pennsylvania[4] (1873), Nebraska[5] and Missouri[6] (1875), and Colorado[7] (1876), incorporated like prohibitions into their constitutions. Pennsylvania[8] (1873), Nebraska[9] and Alabama[10] (1875), and Colorado[11] (1876), took the same steps with regard to telegraph companies. Constitutional declarations of the right of the state to regulate the rates of transportation were made by Illinois[12] (1870), Pennsylvania[13] (1873), Missouri[14] and Nebraska[15] (1875), and Texas[16] (1876).

In addition to these constitutional changes, many of the states established railroad commissions, and enacted laws having much the same purpose as these clauses in the constitutions. After two years of discussion, the United States Congress passed the Inter-state Commerce Act, January 14,1887. The work of the

  1. ↑ Art. XII., Sec. 5.
  2. ↑ Art. XI., Sec. 11.
  3. ↑ Art. XI., Sec. 9.
  4. ↑ Art. XVII., Sec. 4.
  5. ↑ Art. XI., Sec. 3.
  6. ↑ Art. XII., Sec. 17.
  7. ↑ Art. XV., Sec. 5, 14.
  8. ↑ Art. XVI., Sec. 12.
  9. ↑ Art. XI., Sec. 3.
  10. ↑ Art. XIII., Sec. 11.
  11. ↑ Art. XV., Sec. 5, 14.
  12. ↑ Art. XI., Sec. 12.
  13. ↑ Art. XVII., Sec. 3.
  14. ↑ Art. XII., Sec. 12.
  15. ↑ Art XI., Sec. 4.
  16. ↑ Art. XII., Sec. 3, 5.
Retrieved from "https://en.wikisource.org/w/index.php?title=Page:American_Journal_of_Sociology_Volume_1.djvu/429&oldid=6939821"