The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-01-25
Regulating Railroad Corporations
ARGUMENT BY CAPT. W. H. HARDY, OF
MERIDIAN.
MERIDIAN, Miss July 7th, 1879

MERIDIAN, Miss, July It'll, 1879.
To Messrs. Jno. 7. Ball. A. b Wagner.
| Leaehman Jos. Baum, L, c. J. Elson, Jno
| w. Smith, A. g. Horn, L. r. Latham, s. Z.
| Castell, and others
GENTLEMEN Your very lattering note of
the 4th inst, asking my opinion in writing,
upon The constitutional power Of the Legis-
lature to supervise the Railroad Corporations
| in the State, so as to control, or regulate,
their rates of charges for transporting freight,
etc. is received.
| The fact that introduced resolution, upon
the subject, in the late, mass meeting, and
that such right is questioned-and in Difference
to your wishes-I gladly avail myself OF the
opportunity, to give the authority, and the
argument, upon which, base the resolution in
question.
That the Legislature has the constitutional
right TO regulate the tariff of charges, made
by railroad companies, for freights and pas
sengers transported over their lines, there is
in my mind, not the shadow of doubt. This
ri ght rests upon the well established doctrine,
that "when private property is affected with
a public interest, it ceases to be JUTis prtUdh
only.
This doctrine was announced by Lord Chief
Justice Hale, more than two centuries ago, in
his treatise DE Portibus Maris;h and the Su-
preme Court of the United States, in the case
of Mum ct al. VS. The People-decided at the
October term, 1S76-says that, cit has been)
accepted without objection, as an essential ele-
ment in the law of property ever since. Prop
erty does become clothed with public inter-
est when used in a manner to make it of pub
lie consequence and affect the community at
large.
Nv hen. therefore one devotee his property
to use, in which the public has an interest,
he in eff ect grants to the puhlio an interest in
that use, and must submit to be controlled, by
the public for the common good, to the extent
of that interest thus created. He may with
draw his grant by disseminating the use but
so long as he maintains the use, he must sub
NIT TO the control" We might safely rest the
question here, upon this high authority, since
it is not denied, and cannot he denied, that the
public have an Interest," very great interest
lin the operation of the raj roads of the eoun-
try. But, as the question is comparatively
new one in this State, (thO' the principle is
not.) | propose to pursue it further.
In the case above quo ell. Chief-Justice
Waite delivered the opinion of the Court, and
| make the following quotation, as directly in
point: when one becomes n member OF
society, he necess lrily parts with some rights
or privileges which as an individual, not
aft ed by his relations to others, he might
retain. body polite is a social eompa5t by
which the whole people covenants with each
citizen, and each citizen with the whole peO-
pie, that all shall be governed by certain laws
for the common good This does not confer pow
er upon the whole people over rights which are
purely and exclusively private; but it does
authorize the establishment OF laws, requiring
each citizen TO so conduct himself and so use
hisown,property,a as not unnecessarily to injure
another. This is the very essence of govern
ment. From this source come the police
powers, which were said by Chief-Justice
fancy, in the license case in How. 583 ARE
nothing more or less, than the powers Of gov.
eminent Inherent in every sovereignty, thai
IS to say, the power to govern men and things. |
Under these powers, the government regulates |
the conduct of its citizens, one towards !
another, and the manner in which each shall /
use his own properly, when such regul alton |
becomes necessary for the public good. In
this exercise, it has been customary in Eug- |
land, from time immeDOrial, and in this eoun- |
try, from its first colonization, to regulate |
ferries, common carriers, hdekmen bakers |
millers, wharfngers, inn-keepers, etc. and in |
so doing, to fix a maximum of CHARGES to be made |
TOR services rendered, accommodation furnished
and articles sold y
This is the language of the Supreme Court of |
the United States, and is conclusive of the /
question: refer to Chicago, Burlington 8 |
quincy n. r., VS.. Cntts, ct al, Chicago, Mil |
waukee st. Paul r. r. VS., Ackley ct al Win /
ona st. Peter 3. r. VS.. Blake. ct al, known /
as the "GTange" cases, decided BY the Supreme !
Court of the United States in favor of the /
Right.
As far back as lS4l. the Supreme Court of
Alabama, in a well considered case, held thai
the Legislature had the right to regulate the
use OF private property affected with aublic
l40 - r
This was upon the oonstitutionalitv Of a Law
authorizing the OitY authorities of Mobile to
nx the weight and price of bread They held
it to be constitutional
But we are not without ample authority in
our own State, running back to The very organ
lzatlon of the State. As far back as 1922 the
Legislature of this State exercised the rigbt h
control the charges of Inns and Taverns and
this law was in force up osl87I; see Ccde of
1911 P. l95. BY this law the board of police
liked the rates TO be charged for both man and
beast; and there was forfeiture of ten dollars
Tor every offence committe !. In charging more
than the rate allowed.
80 By law noO, the TOLL which every miller
IN the state, grinding for tho public, may
and one twelfth for hamlny or maItn see Cole
OF 1871 1870 This has been the law of this
state for over half a century So also the
maximum OF charges for weighing cotton is
nK s. Dy law see Acts Of 1876 p. So.
Even the very dFays that haul the freights
and the hackmen that transport the passengers Ii
from the railroad depots. are limited, in their
charges by law.
Is Il not absurd to hold that the railroads
a a.eTivlng all their rights and privileges from
Lne People-confered upon them through their
Y narters-may charge what they choose for
bringing barrel Of -four, or cask Of meat T.
der1dIani but the poor draymen who reeeives
i from the train, has no such right-but ran
SAtJ naIse what the law allows and mn
more And yet, no one doubts for a moment
either the right or the wisdom Of controlIin55
oy law the charges Of all drays and carts tba3
haul for the public. 'A.@'
Il, therefore, the Legislature can limit he
rate 81 charges TO be made by hotels. inns N
and taverns, and the toll 10 he CHARGED ~
nlsIers, and the price Of drayaee, and ex-
pFessage 70 be charged by drays hacks etc
- can nx the price and weight of bread
WY can IL not regulate the charges az rail
roads, many OF which were built in n meas
lre, ~ the bounty Of the people. bestowed Il
me way OF lands, and all affected with tha
sravest public interests7 sNe
Il ls claimed, however, that the ovsner -
2PLoperty = emitted to reasonable condemnation
or us use; and that q reasonable .o,,,sa
saaon Is judicial and not legislative
But the Supreme Court 81 the Unitsd s.....
q me case above quoted say thaf-a II ~o,
nunlues where the common law r.- =. =.
- pesn customary, from time iulmemoriaI Z
oF the Legislature to declare what sbaIt ~ :.
lcasohaole compensation under such circnr,,- .
'tancess or perhaps more pronerlv snea 49,
9 nx maximum beyond who'll anT ch.-5s,
nade would be uureasonableu 81
But i is olaimed that where a. 49,.
'Ohlers ne right upon the cOmpanv Il a. n.
'En tarIH Of charges that IL becnrnes !. ..s
yet when tne Legislature cannot control.
there might be something Ia this oh;.ct;o,.
inc Legislature gave the companv 10 ~. /
.ha sseslssse right to * the oharoes. hre =, ,
g case which have examined has ~ Te.. q
azure conferred such exclusive ri,h3 4 80 80
se sangse case of the ID and q. y 4 ~.
! e q .as.r eharter e n these words TIss
/. sAeA q te.las t0F the company herehv rs. {