The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-07-28


ED11oRs CLARIos standing promin-
sntly above new and all questions of State
policy, il the one on which the Governor /
has commented 1T length in his letter to
Mr. Burkitt. to-wit: Has the Legislature
power 70 regulate the tariff
on Railroads, for the transportation of
freight and passengers, where the right to
fix such rates is given TO the companies by
their charters The Governors position is
that no such power exists in the Legisla-
ture, and believing this, he has set himself
steadily against any such legislation and
now seeks to justify himself in his Burkett
letter He assumes the whole question
when he says it would be unconstitutional
for the Legislature to deprive such corpora
tious Of their clearly given chartered rights.
Every lawyer admits that if the right
given by charter is such that the Legisla-
ture could give either clearly or other
wise, then the gift can not be revoked, and
they know equally well, and 50 should the
Governor, that the Legislature can not give
by charter or otherwise, any rights which
do not belong to it for purposes of dis
position. The right to regulate the tariff
for the transportation OF freight and pass
engers he assumes the Legislature could
grant, so that it would be irrevOcable by
any subsequent Legislature. That the SUI
preme Court of this State has ever decided
the question which the Governor in advance
of it assumes, he can not show. No such
question has ever been presented 10 the
Supreme Court of this State, and the
probability is that it never will be, SO long
as Gov. Stone is the Chief Executive tor
the simple reason that he will stand in the
future AS he has in the past, between the
Legislature and the Supreme Court, and
intercept it with the veto power. The only
cases where the question of the right OF
the Legislature 10 regulate the rate Of
charge for transportation on Railroads are
the Granger cases, and the Supreme Court
of the United States held that the Legisla-
ture had the right to restrain khem within
reasonable limits, although their charters
authorized them to fix the rate. Ii the
Governor supposes that there is any de-
cision of either The Supreme Court OF
the United States or OF this State sus-
tanning his position he has read law to
little or no purpose. All the decisions
on the subject, either State or Federal, are
but applications of the constitutional pro-
visions prohibiting any State from passing a
law imparns the obligations of a contract
! to the peculiar facts OF the case before the
/ e
cal. There is in all such cases bat two
questions lst Is there any contract to be
impaired, aud ~, does the state legislation
;,ssailed, impair it: Before there can be
any contract there must be parties compe-
| tent to make 1t. aud 1t must be in reference
| TO subject that they are authorized TO deal
with in the manner indicated by the con-
| tract sought to be made. The logic of the
! Grange cases, the only ones where this iden-
ucal question has been passed upon by the
courts, is that the power conferred by the
charter oil the railroad to fix It's rates for
4 transportation, IS not contract between it
and the State, aud therefore there Is no obli-
CATION to impair, within the Constitutional
inhibition. In the eNtenslse search the
! Governor has made for authorities TO sus-
tain his position search extending over a
period of judicial decisions of Il quarter of a
century, 1t is Il little remarkable that he did
not stumble on the Grange cases. L sup
pose however he was like the boy who took
mile start 10 jump the ditch and got out Of
breath EefGte h. got 70 It tor search
through the musty volumes VI half d Gentu=
ry to find authority for placing the people
in the hands OF Railroad corporations is cal
q culated to make one weary.
He admits that the railroads by accepting
and exercising the States right of eminent
| domain by d tlahgief TO Itself Of the power
to take private property agmnst The consent
of the owner is thereLy estOpped
to say that it is u private business over
which the State has no CONTROL He is de-
cidedly of the opinion that the State has
some ''controF over these Institutions, but
how little Oh HGs mEch be does not explain
Such as it does have hoWeFet Whsa 1t
comes to be exercised by the legislative de-
partment shou..:d. "eaFefuity" guard and pro
fect "the chartered rights OF .aaroat ,'arDoFa'
tioas" and the provisions of the law on the
subject should be "lcreft'iig considered arise
aud iHlpdyttdP and Furthermore it should
proceed upon just and proper principles and
If it does all this we are assured by the Gov
ernor that it will receive bis prompt and
hearty approval" Il would seem that if it
was ''iCise and impurtt4p it had been care
fully considered and was likewise predi-
Gated upon Just and proper principles
The logic of the Governors veto of the
Barry bill, is that no law which attempts
to regulate the rate of charge for freight
and passengers on railroads, where the
charter gives the right to the corporation to
fix it's ''toiSe and Impartial and does
not proceed "upon just and proper princi-
ples"-for the manifest reason that it does
not carefully guard and protect what he
enormously conceives to be the ''chartered
rights" of the corporation.
If he should be elected holding such
views as he does on this vital and all inn
portant question the people must for the
| next four years quietly bear the yoke of
railroad extortion and oppression without
even having the opportunity to have the
question passed upon by the Supreme
Court-unless there be in the Legislature a
sufficient number (two-thirds) to pass such
measure over the Governors veto.
The people have rights as well as the
railroad corporations that should also DE
"carefuliy guarded and protected" The
great evil that Is now inficting the country
is the holy solicitude that officials feel and
manifest for monied corporations and when
the people rise up in their mighty power
and forbid the qqholy bans, it will be
happy day for the Republic.
A LOCKER On.
THE \. Y Sun, in stating why the
downfall of Conkling should be cause
z