The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-01-24
HON. W. W. HUMPHREYS
ARGUMENT UPON THE VETO MESSAGE OF THE GOVERNOR
TOUCHING THE POWER OF THE LEGISLATURE
OVER RAILROAD CORPORATIONS

charges of all Railroads in this State prevent oppression
and unjust discrimination; shall vote for the BILL the Gov,
eors veto to the contrary Notwithstanding. In doing So
intend the Governor admit, SIR tha MS Neto
is well considered and sustained by authority and that
doubtful whether the Courts sustain the bill snail De
law In the charter Of the Mobile OHIO Railroad company
approved by the Governor of this State on the lh oil
find this provision "And be further enacted That
shall be lawful company hereby Incorporated from time to
time fix regulate and receive the :o and charges them
received for the transportation of and property on ne
Ralroed understand that similar provision is to he found
the charters all the railroads being operated in this State
Ii there such provisions in these charters the right ana
duty of the Legislature to fix and regulate the charges ana
reasonable If deemed necessary TOT Tue
public good would not be disputed But the decision oil tue
United States of the Trustees of Dartmouth College VS.
Woodward has been the prevailing law oil TINS country aV uc
provisions in the charter of private corporation contract
within the meaning of that clause OF the Federal constitution
which declares that State shall make any law impang the
obligation In other words has been established
since the decision that by majority of the Judges OF the
Supreme Court the United States and by mgoriy OF the
Judges Supreme Courts of the States that one Lgls
atuTe of State by granting charter private corpora
on thereby makes contract binding the State and
which subsequent Legislature or if you please
Convention of the State dodge vs. Wooey 49, HOW oS can
Such the law of the land far as 1t can be made So
by a majority of Judges and Courts
Wheat 579 Trustees &c Vincennes Univ a. How 268
Planters Bank Sharp Ib 3Ol Pqua Bank Knoo IT, To-
369 Binghampton Bridge Wall 81 Wilmington Railroad
Co VS. Reid l3 Ib 266 Norris Trustees of Arlington Academy
j. 4 Grammar School Burt H. VT 362 Brown VS.
Hammel g. Penn S6 State Haywood Rich $685. Peo.
pie vs. Manhattan Co., Wend 35l Conn vs. Bgen 49, Penn
Ste 1885, Backers vs. Lahanou H. N H. 49, Michigan State
Bank Hastings Doug 225 Bridge Co. vs. Hoooken Bras
Ind 4O7; State Noyes, A. Me- 1885, Brufith vs. G. w. r.
Co., 25 Ill., 353; People Jackson ETC. Mich 2S9 bank etc
vs. Bank etc. 49, Ied 75 Mills Williams, Ill lred 65S Waus
va Stitson Mass 146 Nichols Bontram Pick 342 King
VS. Dedham bank l Mass, 447 State Tombuckbee bank
Stem 30 Bridge Lowell 49, Gray lO6 Bank etc. VS.
McVeight 20 Gath 457 Com Bank of Natchez State g.
NJ $780, Grand Gulf R. r. Co. Buck 3d. Miss 246; NJ o.
R. R. Co. Moseley 50, Ib, l27.
But Mr. President mere precedent sufficient
establish forever legal principle Interchangeable laws may have
enough for the Mede Persians But no human trb
No o
ary merits of the case conclusive and binding authority
except upon those who have that unbounded cdu
to be the att bue weak minds that seldom think at
Greenleaf Ev Sec s. Legal principles to be forever set
tied founded upon reason and justice And there are
some pecep natural right questions OF political nature
some questions touching powers OF legislative bodies which
not be finally ccsed by the decisions of courts or superseded by
Legislative enactment,
great perhaps the greatest American judge and lawwriter
has said and said anything sounder or more sauoy
wish not to understood press too strongly the doctrine
stare do ecolec that there are more than one thou
sand be pointed ont in the English and American DOCKS
reports which have been oVruled doubted or limited In ther
annaon It probable that the records of many of the courts
this country repte with hasy and crude decsons and
uc cases be examined without fear or revised without
aher than to have the character OF our law impaired
the bau and harmony of the system destroyed by the
nitv of error Of decisions not algds conclusive
evidence of qeha the is"Kent Com. AL Aud, recall
NJ President the fact that President jackson, memorable
occasion felt himself liberty to act on his own views OF Const
- nover in opposition to that previously declared by the
o coprt o the United States and that President Lincoln,
in his inaugural address, expressed similar views regarding the
the DredSco decson upon executive and leg
Cooley on Const 3d. NJ Story Const 4th edition. sec
375 N Lamors Life of Lincoln, 529.
Now sir while the that Legislature OF State may,
bv Granting charter private corporation with exclusive
m Ce and mmunities thereby making contract which forever
binds the State and which subsequent Legislation can under
any amend change or annu without the
the fastened the country by the Weght
of iuda authority has been done without protest. de-
Nal and resistance conended In this connec
op nor do intimate fairly made by parties com
petent to should be performed ana hed ihVoae
Ru has been contended and contend that such charter Is
contract and that Legislature this country hes author
m make Some OF the abest Judges hat ever
cot on Supreme Bench of the United States some oil the Dest
legal minds that adorned the history of this county, nave
utterly denied and repudaed such preensions the part o
bodies and from the first time the doctrine
as asserted to the present day And simple enough
cir tn CONCUR entirely with those VINO epudlate
the dangerous and hresy In my Judgment the
doctne stands upon authority Alone and not supported b.
10 reason or justice =. % -o. -,
IF the weight authority way the weight OF reason ant
iuce is the other shall support the BILL and any other pro
ner measure the proposition that MISSISSIPPI ma
vey made any contracts with these corporations she
forever barred pecuded from regulating their conduct and
inc them does other persons and property Before ca
whhod nv support this other similar measure
mind and conscience be satisfied moral certainty an
bevond all reasonable doubt that it is unconstitutional sha
Is % inclined sir to follow fororn hope to exreate hss
3 .tnni from the bondage of these corporations.
NAV seem and reckless but let examine the matte
from the standpoint of and common IN
is that this should become lawtbat it would
law-or the that these charters contract
to fix and regulate their tolls and charges indepe
~ the State submit that these charters laws onl
~ CONTRACTS There material distinction between Ia
contract Blackstone that law is called rule 70 d
ob from contract agreementl b. CON-, 40,
Tb charters were passed laws by the awmaking pow