The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-01-21


State Constitution, and on that accoun
would be imperative" s. s. NJ. 679.
II In the case of the New Orleans, Jackson
= and Great Northern Railroad Company vs.
Harris, the court makes use of the follow
ing language: "A charter is a contract
/ within the meaning of the Constitution o
o 1.-THE United States, between the State grant
ing the charter and the corporation itself
the obligation of which is not within the
a power OF the Legislature to impair" ) c.
/ 537. at must be conceded" says the
a court, that the Legislature has no Consti-
: tutional power, unless reserved in the
o grant, to change or alter, without consent
an act of Incorporation, and thereby to cast
: upon them additional obligations or take
. from them rights guaranteed by their char
! ter" h., 53S.
1t was held by our present Supreme
Court in the case of the Mobile and Ohio
Railroad Company VS.. Mosely, that exemp-
ton from taxation contained in the charter
of corporation organized under it is in
violable. Mr.: Justice Chalmers, in deliver
) Ing the opinion OF the court says: That
such exemption from taxation contained in
the charter of a corporation organized un-
der it is irrepeaable and inviolable is too
well settled TO need calculation or citation
of authority. No principle has been more
repeatedly or more violently assailed; none
have more successfully withstood the shock
of every assault"
A single case from the Supreme Court of
the United States will, l think, settle the
: question without the necessity of citing adj
ditional authority. In the case of the Chi
cago, Burlington and Quincy Railroad
Company VS.. Iowa-one of the famous
Granger cases-the court, quoting from the
charter of the corporation. and hold
ing that the company was, to a certain
extent, protected by a contract, says:
- I IL foo ioto to 81,
the charter of corporation is not con-
tract within the meaning of that clause of
the Constitution of the United States which
prohibits State from passing any law i'm
pairing the obligation of a contract. What
ever granted is secured, subject only to the
limitations and restrictions in the charter,
or in the laws or constitutions which gov
ern it." Otto, 155.
1t will not be contended that the power
to regulate its own fare and freights is not
one of the most valuable and important
rights exercised by railroad corporation;
and to prove that this power is vested in
the railroad companies of this State, 1 need
! only refer to their charters.
Section II, of the charter of the Mobile
and Ohio Railroad Company declares that
the company shall have the right to elk,
regulate and receive the toll and charges to
! be received for transportation of persons
| and property on their road or way authori-
zed to be constructed, or any part thereof"
| A cts 1913, p. %.
| Section 10 of the charter of the Mississippi |
Central Railroad Company authorizes the |
President and Directors to ''adopt and es
tablish such tariffo of charges for the trans
portation of persons and property as they |
may think proper, and the same to alter
and change at pleasure" Acts 1852, p. II.
Section 10 of the charter of the Vicks-
burg and Meridian Railroad Company in
vests the Company with "the power of ex-
acting and demanding such tolls for the
transportation of property or persons as
they may require" Acts 1916, p. 1876.
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 is to divest them of that |
power, and Thereby impair one of the most |
vital obligations in the contract.
Section 4 of the bill declares that no COM
pany operating a Railroad in this State |
shall 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 trans |
ported one hundred and fifty miles or less, |
&c. +; and section imposes heavy penalties |
for violations of the preceding section.
Without reference to Section 6, which is / |
think, equally obnoxious to 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
ble 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
flrrI to fha-o |
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 foregoing reasons / cannot con-
scientiously approve the bill, and therefore
respectfully return it for your reconsidera-
ton. j. NJ. STONE,
The following is the bill referred to:
SENATE BILL No. $50.
Unjust Discrimination by Railroad Com
panies in this State.
SECTION /. Be !; suacted by the Legislature
of the Ss::vte OF Mississippi, That all railroads
which have been heretofore, or may hereafter
be created by virtue Of any general or special
act within the limits of this State, are hereby
declared to be public highways; and all rail
roads, other transportation companies,
heretofore or hereafter to be created, incorpO-
rated organized by any law, general or
special of this State, are hereby declared
common carriers, and shall receive and trans
port each others passengers, tonnage and
cars, loaded or empty, without unreasonable
delay, or unjust discrimination; and perish
able properly shall nave the preference in
transportation; provided That no company
shall be compelled to receive the cars of
other unless they constructed of the same
guage. of sufficient strength. and in proper
order, free of mileage charge for use of such
torei gn cars.
See 2 Be it further enacted That all indi-
viduals, associations and corporations shall
have equal right to have persons and proper
ty transported over railroads, and no undue
or unreasonable discrimination shall be made
in charges, in facilities for, transportation
Of freight and passengers within the State, or
coming from or going to anv other State, but
excursion and Communication tickets may be Is
sued at special r9te, provided, That the pro- !
Zisians vi the first and second sections, as to
discrimination in freights shall not apply to
points where there are competing railroads, or
navigable rivers, or within twenty miles of
such points.
SEC. 8. Be it further enacted, That no rail-
read or ether corporation, or the lessees, pur-
chasers or managers of any railroad corpora
ito a. shall consolidate the stock property or
franchises with, or lease or purchase the
works or franchises of, or in any way control
any other railroad corporation owning, or
having under it's control parallel or compe-
ting line; shall any officer of such rail
road corporation act an officer of any other I
railroad corporation eEnins having the
coGtrol OF parallel or competing lines, and the
question whether railroads parallel or
competing lines SHALL when demanded by |
com plainant, be decided by jury as in other
civil cases; Provided that the prcvisisns of /
this section shall no: apply "a any contracts
now existing where one corporation has be-
come responsible for the liabilities of another,