The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-05-01
The (soveraOr ami the Harry
BILL

over the lines OF railway IN Tue ot'00- ~ =
exceedingly unfortunate that thos whose
mission il is to shape public sentiment
should act hastily, wh@re the inteEritt tid
good faith OF the peoples Chiei Magistrate
are concerned. The result OF hasty acl 81
is OF advantage to no one; and w"en tht
confidence of community in their-h'Ne'h'
or is once shaken, it must sersously aHec'
the body polite. This hasty action -uh"Ar-
rantable assumption - and condemnation
without patient hearing,does not comp2r'
with the chivalrg AMI ch lrity OF = 'r ie.-
low citizens Hear. II right, appIaod; Il
wrong, condemn. And while YOU condemn
proceed upon the idea that our brave Coy
ernor, with escutcheon untarniShed. c inid
not act from any improper motive. Iha'
he had examined the bill sufficiently t.
come to a conclusion untaV orable to its APP
proval, we must all assume. Courtesy TO
the Legislature, and justice to the demands
of the people in some parts OF the state TO-
ouired attention to the bill. We assume
then. that the bill was examined and disap-
proved : and that want of time within which
to prepare a veto message, alone prevented
him from communicating the fact to the
Legislature.
Aside from the policy of the measure, let
us inquire if there is not some patem rea-
son why the Governor should have refused
his approval to the Barry Bill Lawyers.
are all familiar with that provision of the
Constitution of the United States, which
prohibits State from passing any law
which impairs tue obiig ,tion o. a contract
sec. 10, Art. l. They know, equally as well'
that the charter of a railway com pany IS, in
contemp latiou OF the Constitution, con-
tract between the State and corporators or
stockholders, which is protected by the
provision above referred to. SO much SO,
that IAN exem ption from taxation contained
i'm the charter of corporation organized
under it is irrepealable and inviolabIe." 50
Mississ ippi, I27. This charte is taken a
an entirety, and all rights, privileges and
immunities granted by it constitute part
and parcel of construct. They are all
.'irrepealable and inviolable," unless the
charter granting them reserves the right II
alteration, amendm "nt Tor repeal to the Leg
islature, or the fundamental, organic law o (
the State, in existence at the time the char
ter is granted. expressly declares that all acts
of the Legislature Incorporating railroad
com pdnies should be subject to alteration
or repeal; for, in the latter case, the pro
visions of the Constitution come a com
Donent part OF the contract. This is the view
taken by all the courts in the country, in
Guiding the Supr' me Court of the United
States, and will be frankly admitted by
every one who has given the matter any at
tentou.
The Constitution of the State requires
members of the Legislature and all other
State officers, before entering upon the dis
charge of the duties of their Office. to take
aud subscribe an oath "faithfuily (fn) sup
port aud true allegiance (t0) bear the Con-
of the United States and the State
of Mississippi, and to- obey the laws there
off, Sec. 26, Art. IL. One of the graVest
duties OF legislator and Governor is to watch
with Jealous eye the Constitution; to guard
against all attempts at its infrac ion, and to
obey all existing laws of the Stare. While in
OF eXcitement laws are often passed !
" hich are afterwards pronounced uncon-
by the courts, this fact cannot |
justify such incOnsiderate action. The |
Governor, no less than the Legislature, is !
bound by the sanctity of his oath, intlexibly |
To support the Constitution, and veto any |
and all bills which violate it. He cannot /
ShiTk this responsibility in clear case adj |
hitting of no reasonable doubt. lie would |
be utterly unworthy tue confidence of the |
people if he would act otherwise. Passion
should not control, nor popular clamor in
fiuence MS action; and however inconve-
nient the results, a loyal people will always
support him in the discharge of his duty,
even though IL lead him to array himself in
opposition to an act of the Legislature for
supposed remedy for a public
grievance. 1t is better to preserve the
charter OF our liberties at all hazards tn an |
by tearing il in tatters to subject it to the
VARYING wishes of the people, outraged in
localities, by an apparent oppression. Un-
settle the foundations OF the Constitution
and we are adrift in the illimitabIe ocean
without rudder or compass. 1t is not alone
or the court to obey the Constitution--to
pear true allegiance TO it. Each department
If the State Government must do that.
If, therefore, the Barry Bill" plainly at
empted to repeal and violate the charters
# the several railroad companies operating
ines within the limits of the State. ii was
he duty of the Governor to withhold his
pproval, and the plain duty of the Legisla-
ure not to have passed it. The suggestion
hat the law, being unconstitutional, could
lot affect those com pAnies whose charters
ave them the right to regulate tariffs is |
net by the answer that all the companies
ave that right, and the law was a useless
waste OF words, the effect of which conld ! I
My be to raise expectations of o pod which I
ad no foundation ana thus engender strife 1
ad blood and evil passion; to provoke hos {
lities between the people and the railway a
ompanies aud impede the Development Of '
IL our resources. If, on the contrary, there !
e single railroad in the State which would l
e injured by the law, it would be unjust q
nd partial in its operation, damaging lively [
Dmpetition among carTieTs-the only Secu- C
ty for the people. l need only refer to q
he charters OF several of our railroad COM u
anies to show the appositiveness Of what
have said. Section IL of the charter of d
lie Mobile and Ohio Railroad Company f
ives it the right to Fix, regulate and a
sceive the toll and charges to be received f
IT transportation OF persons or property on
leir railroad or way" authorized to be
instructed. Acts 1913, D. %. Section 10
the charter of the Nicksburg and Merid- r.
n Railroad Company invest the company e
With the powers of eXacting and demand
z such tolls for transportation of Dronertv N
persons as they may require" Act 1876.
l26. Section 10 Of the charter of the
ississippi Central Railroad Companv
lthorizes the President and Directors Is tt
doDt and establish such tariff OF charges ID
7 the transportation OF persons and prop.
ty as thew may think proper, ana rho ! :;
me TO alter and change at pleasureY Act -
nuary 1852, p. IL. Section Il Of the char =
r Of the MissssiDri and Tennessee Rail u
al Conn any is identical with section 10 OF m
eharCer OF the Mississippi Central Rail- ~
al Company. Act October 1852. d. S. ~
lder the various statutes recoonizing tho ~
w orleans, jackson and Great Northern a.
llroad Company, the Memphis and or
arieston Railroad Company, and the ~,
1olle ana New orleans Railroad Company ii,
2 same right in terms has been conceded -
'r DO think there is a solitary railroad a.
npany in the State to which the RIGHT IN -
,ulate its tariff has not been expressly ia ia
lAteu H. therefore, these charters and
ltracts the Barry Biz attempts TO repeal 60
SloIate one OF their most vital provisions. &c &c
was, hence, palpable violation of the re 5.
nstitution of the United States a
he supreme Court of the United States has ri
Ter decided, in such cases, that railroad as
lpanies are subject to legislative control ae ch
heir rates of fare and freight On The con- tic
ry, IN Chicago & e. r. Co. VS. Iowa. 90 u y CT
they have ia few words distinctly set as
question at rest. Say the Court: ''RaiI- tn
q companies are carriers for hire. They are lo'
as such, and given extraordinary of
Ters. in qrder that they may the better nj,
We the public in that capacity. They. are. ms
it, a. N Puohe employment tin
lsion in Mum VS.. illinois, supra. D. liz IN IN
iect to legislative controI az - ~ 80 III