The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-01-03
THAT DO SETTLE I'll

: |
blaze of logic, in recent article pub
lished in the Meridian Mercury, anG
there "now no longer remains doubt
: as to the power of the Legislature to
regulate the charges Of railroad com.
panies. Sou'less corporations, and
grinding, oppressive monopolies are
annihalated, the "Barry Bill" is vim
dictated, and Governor Stone, along
with his pamphlet on the subject, in
Guiding pocket vetos, is totally and
effectually "squelched Let the
world take long breath of sweet re-
lief, and hail with rapturous delight
the new Champion in the cause of OPP
pressed humanity who steps upon the
) arena and with few deft threats of
glittering scimetar of his logic and rea-
son, cuts away from the entire quest
ion all the darkness, and doubt that
have hitherto shrouded it. He lets
in flood of light that makes it so
plain that blind man may see the
truth; and in short, abolishs and wipes
out the Dartmouth College case, alike
with the long line of learned and rev.
cred Judicial decisions that have fol-
lowed it, from that day to this
The reader will please bear in mind
the real, and only issue presented or
raised by the Barry Bill, involving
the question that was so ably and con-
clusively discussed in Governor
Stones pamphlet above referred to.
That issue, if we understand it correct
ly, was simply this: When a corpora
ton has been legally chartered by u
Legislature having the constitutional
power to grant such charter, and to
confer upon the corporation certain
specific rights, privileges, or fran
chises; and when that charter has
been accepted by the corporators, and
they have acted under it, and invest
ed their labor, time and money, then,
is it competent for any succeeding
Legislature, without the consent of
the corporation, to take away, impair,
or abridge any of the rights, priv
eleges, franchises, so conferred or
granted in the charter? That, as we
understand it, is the sole and simple
issue raised by the Barry Bill at
the last session of the Legislature f.;
and that is the question the Governor
discusses in his pamphlet. The Gov
ernor takes the position, and we pre-
sumo no lawyer in all the land will
doubt its cOrrectness-that charter,
thus granted by Legislature having
constitutional power to act, amounts,
when accepted by the company or
corporation, to contract, with all the
solemnities and obligations of legal
contract, between the corporation on
the one part, and the State whose
Legislature granted the charter, on
the other part. He then argues, and
does so logically and legally, accord
ing to all the decisions without sim
gle exception, that for subsequent
Legislature, without the consent Of
the corporators, to pass law to take
away, or lessen, OF destroy any Of the
rights and powers granted in the
charter, would be in violation with
that clause of both the Federal and
State constitutions, which forbids any
Legislature to 'pass law impairing
the obligations of a contract" That
is the sole question involved in the
discussion. And now the question
recurs, Notwithstanding the Mercury's
luminous article, is the one stated by
Governor Stone the legal doctrine on
the subject? Does he show, in his
argument, that such is the well-settled
and recognized law of this country.
We think there can be but one re- :
spouse to these questions. And now =,
we ask, has his argument ever been =
answered? Has any body attempted :
to controvert the correctness of the
legal position assumed by Governor
Stone? We will go further, and ask, +
will any lawyer, who regards his rep =
ltation, dare to controvert the legal
doctrine stated-viz: that such char
jer, as granted, and 50 accepted, does
mount to contract-and then, if so, ,
hat the rights and powers under the I;
contract, are forever secured, and =
guarded, by the constitution q
Il clauses referred to, against the in n
or encroachments of any n
subsequent Legislature l think "
here can be but one response to these |,
luestiOns, also. n
We cannot now, in this article, re- Y
-iew, or reiterate (for we could do :,
nothing more the legal arguments of
Governor Stone. But just let us ask
simple question or two, and see 7
What light they will throw upon the d
conscience as well as the under n
Of even a child. Take for II
the Mobile and Ohio railroad, ~
II any chartered railroad in the State. u
s any one so simple as to suppose, for G
me moment, that ever a mile, or a =,
DOT of these roads would have been :,
,uilt and put in operation, but for the :
pccified rights, powers, and privi-
eyes, conferred in their charters?
Would any man, or any set Of men on II
arth who had a right to re- e.
main inside of mad-hOuse or G.
unatic asylum, invest their mon 81
", and their time and labor in a 81
abroad whose charter gave them n
he right to adopt, charge and receive O
rates or prices for trans
'orting persons and property over =,
heir road, knowing at the same time, u
hat the next, or any subsequent Leg Il
stature could, without their consent, IL
epeal and take away their charter, or -
ut down their tariff of charges to "
ate that would involve them in ruin u
y