The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-02-08
The supervisory Qussaon.


In our paper to-day, We have publish
ed contributions from two distinguished
LAWYERS of our State. Hon.F. 6. Barry,
argues the right of supervision at length,
and fortifes his position BY an array OF
and authority which renders
it entirely unassailable. The very fact
that in Europe the right of supervision
" government is asserted and practical
ly enforced as a matter of established
usage. and that it has been tried and
determined in a majority of the
States of the American Uuion, would
seem to be conclusive. Mr.. Barry's ar
gument leaves nothing to be said on
that score, and no vulnerable point for
assaiIment. It then becomes ques-
ton of public policy, and fortunately
we have the experience of number of
other States which have tested the
workings oe supervisory legislation and
bIazed out the way so plain in the ar
rangements of the plan, or details, of
such legislation, that we cannot 60
astray.
Mr.. Nugent writes from the stand
point of a railroad attorney, and Of an
intelligent and public-spirited citizen,
and his communication merits, and will
receive, as that of Mr.. Barry, careful
consideration. He says that the rail-
road corporations and attorneys all ad-
NIT the right of supervisory legislation
that political agitation has created a
necessity for such legislation-and that
the "yested right" of corporations to
FIX their own freights and fares, is sub
ject to the condition that the maximum
charges shall not exceed reasonable
compensation. He advises moderate
legislation, and suggests the creation
of an advisory Commission to consider
the subjects of freights and fares-to
hear complaints from the public and
corporations, and to report to the Gov
ernor and the Legislature, for the
correction of such matters of differ
ence as are impossible of adjust
ment without invoking higher author
ity. We don't quite agree with him
that political agitation created the
admitted necessity for supervisory leg
iSlation. The agitation itself was
created by oppressive charges and dis
examinations, as the entire public knows.
The people are patient and long suffer
ing, and are not given to complaining
without cause. Whether Commission
of the sort suggested by Mr.. Nugent,
will meet the requirements Of the
case, we are not prepared to say.
While we earnestly advise moderation,
we are apprehgnsive that his Commits
sion will be like painted Jupiter, en-
tirely too poyerless, and provocative of
Indifference, If not of derision and con-
tempt.
1t must be borne III mind that under
the Woods Georgia. plan no sort of
Commission will affect the railroads now
in process of construction, or for which
charters WILDE obtained at the present
session, for ten years after completion.
That his fears as to its injurious effect
upon railroads already in operation, are
groundless, we have not the shadow of
shade of doubt. 1t has been tried in !
many of the States with success in every /
one of them. North, East, South and
West and notably in Georgia and Ala
bau1a. Mr.. Nugent's evil prophecies
reminds US forcibly of what was said by
another eminent lawyer eight years ago,
Hon. w. NJ. Evarts, of New York, in
MS opinion upon the Wisconsin legisla-
ion on railroads, approved March 18th,
1874. Mr.. Evarts thus assumed up the
effect of these acts:
The practical operation of these legisla-
atiye rates prescribed by the act upon the
'ailroad service Of this company, if such
ervice is maintained with IFS present
Efficiency and public accommodation, wii'
e to deprive The company of any enloLqmlepts
0 its stockholders from its fares and yfreigbts,
md thus to appropriate 70 the public use the
,rofts achich, in the past hare tss,,, and in the
utlre Uould BE- the earnings of the corporate
property and administration for the stock
Iolders.
And again