The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-01-16

nav think proper, and the same to alter
md change at pleasure" Acts 1852, D. II. I
Section 10 Of the charter Of the Vicks.
1urg and Meridian Railroad Company in
vests the Company with the power Of ex.
acting and demanding such tolls for the
Of property or persons as
they may require" Acts 1916, p. 1886.
Similar provisions are found in the char
tiers Of the other railroad companies in this
State.
Having shown that acnarter is a contract,
and that by their charters the railroad cor
porations in this State are invested with the
power to regulate their own rates Of fare and
freights, It only remains TO show that the
effect Of this bill IL 10 diyest them Of that
power, and thereby impair one Of the most
vital obligations in the contract.
Section Of the bill declares that no COM
pany operating a Railroad in this State
shall be authorized 10 receive more than
one dollar per bale for each bale of cotton
transported one hundred miles or less; one
dollar and fly cents for each bale trans
ported one hundred and fifty miles or less,
&c and section 8 imposes heavy penalties
for violations Of the preceding section.
Without reference 10 Section g, which is
think, equally obnoxious 10 the COnstitu-
ton, it seems impossible to escape the con-
clusion that the provisions Of this bill at
tempt TO divest these corporations Of valua-
BILE rights granted by their charters; that
they are in contravention Of the state and
Federal Constitution, and ought not TO
become law.
1t is too late to raise the question
whether it was wise TO grant to these corpo-
rations the exclusive right TO regulate their
rates OF charges; it has been granted; the
Constitution under which the grants were
made, empowered the Legislature TO make
them the companies have accepted the
grants, and any Legislation that seeks to alter
one Of those charters in any material point,
without the consent Of the corporators, is
absolutely prohibited. Any power exercis-
ed under general law may be taken away,
but If granted in a charter, and the charter
is accepted it is thereby placed beyond the
reach Of the Legislature and must so remain
as long as the charter exists
| For the following reasons | cannot con.
scientiously approve the bill, and therefore
respectfully return it for your reconsdera-
! ton. ). M. STONE.
The following is the bill referred to-
SENATE BILL No, 100.
AN Acr relative to Excessive Charges and
Unjust Discrimination by Railroad Com
panies in this State.
SECTION !. BE it enacted by the Legislature
Of the State of Mississippi That oil railroads
which have been heretofore, or may hereafter
| -. t.I b,t v,rtu ,ra nx frauaruI or naci a
act within the limits Of this State are hereby
declared to be public highways; and all rail-
roads. or other transportation companies
heretofore or hereafter to be created, incOrpo
rated or organized by any Jaw, general oil
special, Of this State, are hereby declared
common carriers, and shall receive and trans
port each others passengers, tonnage ant
cars, loaded or empty, without nnreasonabl,
delay, or unjust discrimination; and perish
able property shall have the preference il
transportation; provided, That no company
shall be compelled to receive the cars of an
other unless they are constructed Of the SAINT
guage. Of sufficient strength, and in proper
order, free of mileage charge for use of sucl
foreign cars
SEC 2 BE ii further enacted, That all ind
yiduals, associations and corpora tons, shall
have equal right to have persons and proper
i ty transported over railroads, and no undue
or unreasonable discrimination shall be made
in charges, or in facilities for transportation
Of freight and passengers within the State, oil
coming from or going to any other State, bu
excursion and Communication tickets may be is
sued Mt special rate provided, That the pro
| visions of the first and second sections, as tC
discrimination In frcights shall not apply tC
points whore there are competing railroads, OF
| naVigable rivers, or within twenty miles OF
such points.
| SFc. g. BE it further enacted, That no rail
| road or other corporation, or the lessees, pur
chasers or managers of any railroad corpora
ton, shall consolidate the stock, property OF
| franchises with, or lease or purchase the
works or franchises of, or in any way control
any other railroad corporation owning, or
having under its control n parallel or compe-
| ting line; nor shall any officer of such rail
road corporation act rs an officer of any other
railroad corporation owning or haYing the
control Of parallel or competing lines, and the
question whether railroads are parallel or
competing lines SHALL when demanded by
complainant, be decided by q jury as in other
| civil cases; Provided that the provisions of
this section shall not apply to any contracts
now existing where one corporation has be-
come responsible for the liabilities of another,
| the object of this section being 10 encourage,
! perpetuate and maintain wholesome rivalry
| between competing transportation companies.
SEc. 4. Be it further enacted, That any
railroad company, or the assignee, purcha-
scrs, or managers thereof, doing business in
this State, Or which may hereafter do business
! in this State shall not be authorized to receive
more than one dollar per bale for each bale
of cotton transported one hundred miles or
less; one dollar and fifty cents for each bale of
cotton transported one hundred and fifty
miles or less; Two dollars for each bale of cot
ton transported more than one hundred and
| fifty miles and less than two hundred miles !;
two dollars and fifty cents for each bale Of
cotton transported more than two hundred
miles and less than two hundred aud fifty
miles three dollars for each bale of cotton
| transported more than two hundred aud fifty
miles and less than three hundred miles ;
three dollars and fifty cents for each bale of
cotton transported more than three hundred
and less than three hundred and fifty miles !;
Provided, that this applies to cotton shipped
from any point in this State, the distance
herein contemplated, being the DISTANCE from
the point of shipment to the destination, as
expressed and required by the shipper such
companies may charge less prices than pre-
scribed in this section for cotton at conipe-
ting points Of other railroads, or navigable
rivers,
SEC. 3. Be il further enacted That il any
railroad company, or any association Of per-
sons operating the same, shall demand or re-
| ce;ve u greater compensation for the trans
| portatiou of cotton than herein provided for
every such bale, such railroad shall pay and
! forfeit the sum Of one hundred and Fifty dol
lars for the use and benefit of any person sue
ing for the same, to be recovered in an action
of debt before any jus ice of peace in the
| county where such charges is demanded or