The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-06-23

the Humphries bill which was Intended
~ mt into opera ion the Democratic
platform asserting the power and the
duty of the Legislature TO supervise cor
p ,rations in the interest and for the pro-
lection of the people, we will publish 1t
in fu5I in our next issue. The bill met
the approval of very large majorlties IN
bo h houses of the Legislature. 1t con-
tains the substance Of laws which are en-
forced in other States. The chief ground
ofopposition to it was hat it would vio-
late the chartered rights of several Of
the railroads already in opera ion in the
State to fix and establish their tolls and
charges The advoca es Of the bill were
veil aware that this objection would be
made by the companies, but preferred TO
pass il and leave to the corporations the
remedy Of appeal TO the Judicial authori
ties for the protection OF their rights
A. sainst what they might deem unc0n-
stitutional interference. They preferred
his course to a policy of .'passivity"
which offered no opportunity whatever
IF relief from ex,ortion and discrimina-
ton. That these abus = have been prac-
iced is stated by the Governor IN his
letter which is published in this pa
per- He says "that gross wrongs have
in many instances been perpetrated by
these corporations, is undoubted.
10 afford opportunity for correcting
.hese wrongs" the bill was introduced.
The corporations have their remedy in
he judicial tribunals. The courts were
reated for the purpose of settling ques-
lions Of right.
We will publish in our next paper the
whole argument of Mr.. HUMPHREYS and
viii be content for the present with the
following extract with which it is con
c uded:
But, Mr. President, the very authorities that
tstaIn tie doctrine of he Dartmouth COtlsge
se, that charter to a private corporation,
! mere legislative enactment Is contract
within the operation of he Federal Constitu-
ION, forever ire gocabls by the Stlte, denY,
.tttl Legislature by contract, or otherwise,
3n divesJ the Slate of any OF its police 20 YER.
his has been positively settle by the Su-
.reme Court Of the Uuned States, ana TINT
d., nc the third edition, which is tue latest
titiou have seen, Of Cooley the ConstItu
! ON, was published.
| Ger Co vs. Mass, 90, W s., 25; FertiHzing
| p. vs.. hyd Park, 10. go Boyd Ala, 81
>; Moore v. SAFE, As N s., l47; C,n. Va.
nt,xic4riuz Liquors, lis Mass, 1856 Cooley
| "a Coast. 233 Isl
AMI ffh- legislature had not authority 10
! s1anIou surrender coaOey array, the socsreign
,7sgsr as u. IS the 9uty qf the Stat. to control
! q ii govern the raj roaas she does other per
.pns aud uroper,y how can the conclusion be
cached or m obtained that the State is forey-
,r estopped by the act of the Legislar ure ?
since have shown by authority. iucludin :
ne LATEST utt-rlnces Of ths Saprem Cours Of
ne Uni ell Stlfes on the -ubje 1t, that the po-
ice power 6 tle Sta ., the pow r TO control
! ne conduct Of persons, and III us Of proper
vwithia dominion, IS m aek1o,e e Izs9 sop-
sreign D0Usy OF Itch she cr3lnOt be dtuesfsf by
arisIatfve act / c1uGlu l. thlc loe are not
! Jared or praclu le by ths charters 9 these
! railroads from doing what is proposed to be
| lone by thu bill-reKulate their tolls aud
| C u.rges TO reasonable ra es, just said
| nv Chi # Justice Waite, in Munn W.. II inois
| sup a. 1t has been custom in Eng
aud from L!W. i'm memorial, and in
this country rom its hrst eeo,LIret.0n. TO reg
uIa e ferries com non CARR RS, hsckmeb "a,
nj lers, vhartingers, inn k -pers, W trehouse-
men, etc, and in d,igg so fl a mailman OF
charges tor services rendered Mr.. Pres
/ mt, If | 30 not m -construe simple facts, il
las come to pass IN this c0uutry that the toll
ing masses, those who rely on personal indus
try and honest me for support and iude-
oend4nce are the abb ,ct slaves of corpora
ions? This is not truer in Mississippi, than
n et4e States It ms result ed from the es-
tabls lmenr OF The legal herssies which have
attempted TO combat to-day With these con-
yicfions, aud the au hOrties haze presentel,
should have been untrue TO myse.f and ia tn
ess TO my constituents if | had not submitted
ais argument. mi ght say 4,rch, Mr.. Pr s.
ID mt, of the necessities which require and JUS
fy the passage of this bill, or some law sin.
I lr 10 it, something of the oppressive and dis
terminating charges made by at least some
railroad eGrpoations in this State, something
If the complaints ef G..r citizens that they de
| troy cattle and stock and retuss &c make any
.o1 Pc usation for the same; something or
their paying il;eir just quota Of taxes in some
tates throu h whict obey pass, and paying
hone here. / might say som Athipg Of the Pc
uliar status of tn ase corporations, their being
ia the hands Of receivers. so called, and OF
their being not only above the Legislature, the
SOW reign power OF the State, it is claimed
nut positvel out of the jurisd iction of the
Courts Of the State, that no citizen ST Ms
sssippi, euj US the poor privilege of sueing
them n the Courts of the State. and obtaining
nulIa bona return on his alignment, for any
wrong or injury they may commit, but must
70 to Federal Cour', aud obtain The gracious
privilege of a Federal Judge, before rs can
she them at all. / might enquire how long
hess pretensions and cond tons are to con
rinue-hoy long they will be tolerated by the
1reemen CT MississiPPi. nut ] will not 60
nto these matters uowi I prefer 70 rest"4 tte
gal arguman nj which ! have attempted to
ltke in mali 81 III sovereign power of the
ople of Mississippi.