The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-05-15
The Barry BiII.4sThe Supervisory
Power of the Legislature
over Corporations.

platform adopted by the Democrat
ic- Conservative State Convention of
August, 1877, declaring that corpora
tions are supervisable by the Legislative
authority, is a nulIity-mere BratemJ ut-
mea. For one, We are not prepared to
permit judgment by default to be taken
against the people, and the doctrines of
our party deliberately adopted, in this
summary fashion.
Our correspondent has told Us that
:" lawyers are all familiar with that pro
g vision Of the Constitution which pro-
hibits any State from impairing the
g obligation Of contracts" He might
have given the remark wider scope and
said that every intelligent person in the
land no matter wha. his profession is
fully aware of the same fact. But it is
not every lawyer, nor every intelligent
reader Of the Constitution, who will
| Jump to the conclusion, that the clause
III question can be cited in support Of
the position assured by him in opposi
| ton to the principles upon which the
| Barry bill" is founded. The preamble
to the United States Constitution de-
clares its objects to be "to establish JUS
tice, promote the general welfare and
secure the blessings of liberty" to the
people. The Constitution of Mississippi,
in force at the time these charters were
granted, declared that "no man or set
of men are entitled to exclusive, separate
public emoluments, or privileges from
the community but in consideration Of
public service" No vested right can
be created in controvention Of these
fundamental provisions Of the supreme
law of the State and of the United States.
10 say that sale by one Legislature of
the indefeasible rights Of the people as
here asserted, is to be perpetually bind
ing and unalterable by all succeeding
Legislatures, on the ground that there is
"a contract in the case, is the sum of
all tyranny. A contract which does
not conform to these constitutional
provisions is fraud on the people, and /
fraud vitiates all contracts. A claim
cannot be set up for the perpetuity Of a
privilege which is abused aud exercised /
for the destruction Of the rights Of those
who granted it. If as declared by our |
correspondent the Legislatures of 1916, |
'48 and 50 invested the companies by |
them chartered with the power to fix, |
regulate and receive the toll and charges |
for transportation Of persons and of prop |
erty," the rule that the privilege should |
not be abused for the purposes of extor
ton and discrimination entered into and |
became an inseperable condition Of the
contract" else the language Of the Con
situations of the State and the United
States above quoted, is a delusion and
snare.
As all legislative power is derived from
the people, who but the people through
their Legislature, is to determine when
the trust is violated? The power cannot
be destroyed while the government re-
cial authority is not wanting in support
Of this doctrine. In the case of Fletcher
VS.. Peck, 6 Cranch, 50, Chief Justice
Marshall said:
The principle is asserted that one Leg
stature is competent to repeal any act
which former Legislature was compe
tent to pass, and that one Legislature
cannot obridge the Poloers Of a succeeding
Legislature.
Again, Chief Justice fancy, another
Of the bright jurisprudential luminaries
of the age, said:
A legislative body cannot part with its
powers 50 as not to be able to continue the
xereise of them. II can and should
,rerctse them again and again as often as
he public interest requires.
Judge Cody in his work on constitu
tional limitations, lays down this prin-
,iple:
1t would seem to be the prevailing
opinion and one based upon sound rea-
on, that the State could not barter
way, or in any manner, abridge or
Cedken, any Of these essential po9eerS
chicb are inherent IN all gorernm6nts
md the existence Of lcbtch ia fitH uigor IS
10 the 1ceH being of organized
ocjety. Q
And this principle is enunciated, and c
irectly applied to just such a case as we t
re now discussing, by the Supreme S
Court of the United States in the de-
ision pronounced by Chief Justice 5
Waite in the case of Mum and Scott d
5. the people of Illinois, known as the h
granger case h
A ''body polite" is a social compact g
" which the whole people covenant it
18th each citizen and each covenants II
nth the whole people that all shall be
overned by certain laws for the COM It
ION good. This authorizes the estab- a
shment of laws requiring each citizen Sc
50 conduct himself and use his oua h
property as not unnecessarily to iniure =
mother. This is the very essence of -
oyernment From this source x
ame the police powers, which was said VI
Y Chief Justice fancy in the license /
lses, ) How. 583, are nothing more nor \,
IS than the powers of government an :
srent IN erery sovereignty. x x < -
lnder these powers the government reg u
lates the conduct of its citizens one to- su
ard another, and the manner an 1cbicb he
zen shall use has olcn property lcben such he
'gutdttOR becomes necessary Tor the pub
Q good. x x This brings us to IN
quire as to the principle Hpon which ia
rs power of regulation rests in order to lite
stermine what Is within and what Ia
ithout its operative effects. Looking,