The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-07-11
The Power OF fhe State 40 Fix
Fares and Freight Charges
ON Railroads.

+ mount Importance that we have published
a statement Of its contents (see first page
in our paper. The question has been
litigated in number of the Western
! States, and it has been finally adjudicated
By the Court Of last resort in our govern
ment under an appeal from the L. ;.
District Court for Iowa. 1t will be seen
that the Supreme Court holds that rail
road companies are carriers for hire, pos
sessing extraordinary privileges that they
may the better serve the public; and as
they are engaged in public employment
affecting the public Interest they are sub
iect to legislative control as to rates Of fare
and freight unless protected by their char
tiers. Whatever IS granted in their char
tiers Is secured to them, but within these
they NAV be regulated by the legislature
in the public interest. In the absence OF
legislative regulations on the subject the
courts must decide what are reasonable
rates, as they do in the case Of disputes
between private persons; but when tho
legislature steps in and prescribes max
imum Of charges it operates upon these
corporations as it would upon individuals
engaged in similar business. In answer
to the argument that the power to fix
fares and charges is lost when if it has
not been exercised for a long series of
years, the Court holds that the objection
has no force-that power which actually
exists is not lost by non-use. The Court
holds further that it does not affect the
question that before the power of the
Legislature was exercised the road had
been leased and its earnings pledged to
the payments Of its debts; and further
still, that the statutes regulating charges
is not in conflict with the constitution of
the State concerning the privileges of citi
zens
In Mississippi the decision is especially
important as arming it with the power Of
protection against corporations in which
in some instances its influence as stock
holder no longer exists; and in others
where claims to exemption from even the
responsibility of taxation are set up by
reason of alleged chartered privilege. |
The Legislature should take care that
this power is not surrendered in future !
charters. While it may not be
proper to exercise the power under ordi-
nary circumstances, it is nevertheless
wise to hold in reserve the power of self
protection to be used in case Of necessity. |
~.~-.~-
THoUGH no mention is made Of the
subject in the New Orleans papers, cor
of Northern journals have
stated that there is an emigration move
nent in Louisiana among the colored
people which continues to grow stronger.
At each meeting says one Of the
"of the branches there are
8 accessions of from ) to 30 members.
Their fun Is are increasing, and they
: have commenced negotiations for
3 removal by a call on the British Con
sui, with a proposition to select ,Jamai
ca. They asked only certain informa-
ton as to how such working popula-
ton would be received. They are m
dependent enough, aud hope soon to
: be rich enough to ask no aid--not
even transportation. From reports of
the present condition of Jamaica, It's
hundreds of thousands of acres aban-
doned for want of enterprise, it would
appear that it should receive a body of
some thousands of working men and
women with open arms" We imagine i
hat the writer has drawn on his fancy 4
Or his facts, and that the movement de- d
,ribed is a fiction intended for partisan
fleet, the object being to show that the ,
Dlored people of Louisiana are driven {
V bad treatment to the necessity of seek t
~ other lands. The main grievance {
lentioned by the writer as cause of :
he threatened exodus is the proposition
f the State Board to abolish the mon 1
rel school system attempted to be en- Z
,rced in that State by the Republican
lers, and which has paralyzed the sys-
I'M of common schools; and to establish
,parate schools for the two races, with
Iual educational facilities. To state the /
rievance is to show that is humbug I
nd a falsehood. The colored people, I.
rough they have been beguiled into :,
ischievous errors by their former carpet 8.
lg guides, are not so simple as to flee 8.
eir homes where the opportunities for h
and acquiring property as Il
e fruits of honest toll are abundant, 4
erely because separate schools are to be II
tablished For observe, the alleged II
ievance is not that the free school sys- So
m itself is to be abolished, but simply
e mixed feature which practically de IL
'oyed the schools in Louisiana under n
ldical mal-administration. Il
Assuming that the emigration move al
ant referred to is actually on foot and a. a.
at Jamaica is to be chosen as the prom CO
d land for the disconnected African III
,ment, they will find as stated by the az
owe writer that Hundreds of thous- VI
ands o. acres have been abandoned for tr
want of enterprise" No doubt of that
t. But are there not hundreds of
ousands of acres in Louisiana as well as pc
other Southern States, idle, awaiting q
! touch of industry to make them yield O.
eir gifts and blossom as the rose? 1t of
not necessary for the colored people to sw
igrate to Jamaica or any other country in
find homes. IT political privileges 20