The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-10-17

being, in my opinion, unconstitutional.
!. s. NORRIS,
Attorney General.
This opinion of the Attorney General
which controls the action of the State
is paIpable reputation of the
of the State incurred on &C
count of the Railroad Subsidy Act passed
by the Legislature in 1871. That mea-
sure was pet scheme of the Mongrels
in the Legislature, and was strongly in
dorsed by Governor Alcorn. 1t was as
warmly opposed by the anti-Radical
members and the Democratic press,
who insisted that it was unconstitutional
that it was outside the legitimate pur-
poses Of government-tha it was to pro-
mote private purposes inasmuch as the
profits derived from the investment would
go into the pockets Of railroad companies
that for such purpose there was no
moral right to levy contributions on the
people without their express consent
that there was no unappropriated money
in the Treasury and would not likely be
no matter how high the taxation, at the
rate it was being seized by the office
holding cormorants who had been put in
control of their government to devour
their substance. For these and many
other reasons, the bona ide representa-
tives Of the people and the press de-
nounced the scheme as an iniquity and
attempted to prevent its passage. But
without effect. 1t was hurried through
the Legislature with electric speed and
the Radical majority claimed it as a
measure of uncommon wisdom and be-
ni6cence which Notwithstanding its pal
pable enormities would commend its
authors to the favor of the people.
Time passed and the Act was amen
ded the last session so as to make it accord
still more with the views and convent
ence Of the railroad companies. 1t so
happened, however, that but one of them
was lucky enough to construct twenty
five miles Of road by the 1st of Septem-
Der so as to secure the benefits of the law.
This company was Col. Falkner's Ripley
Railway Company. With uncommon
energy he pushed his enterprise forward
and reached the winning post just in time.
The Road was finished, The cars came
laundering into Ripley to the delight of
the villagers and all the country round.
The occasion was duly celebrated by a
grand banquet. The Railroad Commits
sioners with Capt. Hardee State Engi-
neer at their head, examined the work
and reported to the Governor that the
company had fully complied with the
conditions of the Act.
Col. Falkner came to receive the con-
CALCULATIONS of the authorities-and what
was more important still, the four thous-
and dollars per mile subsidy, to which his
Company had entitled itself under its
provisions. The law (which the acting
Governor, Powers, helped to france was
mandatory. 1t required him to notify
the Auditor of the report of the Commits
sioners, and thereupon the Auditor was
required to issue his Warrant on the
Treasurer for an amount equal to "a 900
per mile, for the portion of the road con-
structed.
But now comes an unwritten chapter
in the history of the proceedings. To
the amazement of Col. Falkner, the first
thing he encountered was the opinion of
the Attorney General, that the warrants
should not be issued. How this opinion
came to be given, whether it was volun-
tary or submitted on the application of
the GOvernor-we are not advised. One
thing is certain, the opinion ,oas given
and 1t 'cas emphGtically and peremptOrily
adverse to the issuance Of the tcGrrGats.
What part the Governor was performing
all this time, we are unable to state. He
seems, however, to have been like poor
man at a frolic-to have had nothing to
do, nor to sayl Here was dilemma for
the President of the Company What
was he to do? His contractors and work
men who had been doing double duty on
short rations, to secure the subsidy, were
behind him clamorous for their pay and
needy. He couldn't go back without it.
Their disappointment would result in dis
astrous consequences. But here was the
opinion of the law officer of the Admin
frowning in his pathway What
could he do? Report says that in order
get this obstacle out of the way he had
to an expedient which we pre-
sumo was never before resorted to in the
history of this State; that he paid large
counsel fees as a means of obtaining the
subsidy to which he was entitled To
whom these fees were paid, we are not
Rumor says that counsel was
employed. however, in the case, and
hat the law officer in question modified
his peremptory opinion and withdrew
ais objections to the issuance Of the war
ANTS. They were accordingly issued
md the next proceeding is recorded in
he above instruction to the State Treas
irer to dishonor them. For this strange
there is nothing justiicatory
n the act, nor is there ground for suspi-
ZION that the Company did not comply
With Its requirements. The warrants Is
ued to the Company are on the same
ooting. with the warrants issued to pay
he salary and perquisities of the Alton
lev General himself. Nevertheless, they