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

Railroad Supervision.
Ep1roRs CLARION The bill pending before
the Senate which was intended to carry out
the scheme Of railroad supervision viii,
thinx. fail Indeed | have no doubt OF its
uueonstitutionality, and it's features in some
respects are so harsh aud oppressive that the
railroad companies could not. in justice TO
stockholders and creditors, submit to it, Tha'
railway companies are 'supervisable By the
Legi la ure within constitutional limit is q
truism which no corporation attorney ever
thought Of coutroverting. But the preroga-
tive Of inspection or supervision, which is con
conceded. could not be distorted, in face OF
charters contrary, so as to give the Legisla
tuTe supreme control alike of franchises and
proper Y, and leprive stockholders Of rights
fairly acquired by purchase. The difficult
ty begins aud termini.es in the asser
ton Of what IL considered to be false claim
which If insisted upon, will provoke discon-
tent and create unnecessary antagonisms. A
moderate measure intended to assert the
righ' 10 superviss, detendent wholly upon tn
police power for its exercise in the case under
discussion, and to do justice 20 the people,
in other words To prevent "extOrtion and un
fair discrimination, would meet with no de.
eided opposit on. II more be attempted the
effect cannot but be disastrous to the best in
teresis of the State.
The political agitation of the subj ct has
created = necessity for some sort OF leg sa
Internationally, We think, bat the fnct
remains. hanlfrstly only that be done
a.t, II,
the railway companies. The mo t ImpOr-
tant of these rights is that TO fix their
rates of compensation fer transporting
passenger and freights. Without this grant of
power these corporations, as part of the law
II the.r very being, would have the right 10
exact compensation for carriage and to fix
rates, but only by StBsTaHce. The Legislator
at any zine, could 50 TAR control the exercise
Of the Fight to establish The most made
qnate prises, and by its regulating Po9er de-
stroy every railroad in the State TIE good
faith" of the Legislature would scarcely be a
sntfio cut security against arbitrary action-at
least TO the capitalists abroad The hostility
10 raj roads manifested in nearly every YER
diet rendered by our juries, is satisfactory
answer 10 This suggestion. 1t IS TO guard
against the unrestricted right to determine
the rates of charges TO be txseted BY railway
comp mis-, that the grant OF this express pow
er was bestowed upon them.
But the elsmor is raised that 10 make this
hBulu llAce the BSOplc III the
power of the railroad corp ,ratious, and, there
fore, it must be denied. Is this true2 These
are common carriers, and under no !
circumstances can they exact more than the |
nIazimHm OF reasonable compensation for ser |
vice FeddeTel |. THIS maElMHps charge their /
charters allow them TO make aud collect /
These char eTs are contracts, and any law, /
the eff ct of which would be to fe ter or i'm
PAIR this grant of power must result in i'm
pairing their obligation. Without the right by
L. ~.
railroad corporations could charge nothing
and collect nothing except by suferanee;
Irith the right, they regulate and I
control tariffs, subject to legislative so
PerPisi0n an so far onIy as they exceed
the maximum Of reasonable eoBsDsasatt0a In
this point of view it becomes matter of pro-
found astonishmrRt that the members of our
Legislature should hesitate to grant TO rail
road corporations this necessdry right Indeed
II would be utterly useless tor any assoeia-
the right, In the expectation Of ever
building q railroad. II is the Que security a
b ndholder gires above all others.
The attention of the Legislature should be
directed me measure by which the exac-
lion Of UNREASONABLE compensation could be
prevented; and not 10 the Wholesale asser lon
II power which contravenes the mos
familiar provision of our constitution, Sac
And Nationsl or ID tbs establishments of a row
ng commission TO snpeFiRtend depot building,
-lck laying, anu every tnluA else CONNECTED
With the operation of railroad.
What are reasonable charges could not aI9l-
u be determined b. any man or any body oil !,
men. It is dicial question. The arrange
nent OF a freight and passenger 'aTid for the
shortest railroad SO as to be Just to the cor
ooration as we'll as the people, can only b.
approximately determined d. No Superinte4
lent has ever been satisf d with his tariffs at
er they are adop ed. With all this, some
nina IS demtnded. and, to accomplish taat
omethtRg, concert OF action is neeess4rs. 1t
You'd be an8ise 10 SOW the seeds OF dsscon-
ent a. this igacture. There are complaints
{ iniastie-,--sene seem 10 have suffered,
hoash / have not known of the oppressed.-I
nd the subject must be discussed with latsl-
gent mod rat on. The exigeney IS 100 grave ,
" aurthin like susteAn or htppARt eratosy.
The IN embers of the Lrei ,latnre who voiRd for
he bill preSeated by Mr.. Woods, of Lauder
ale, claim to he friendly 70 railroads; the
Il way companies want 20 be on the most
-ieadly terms with the people and their |
representatives IN the L sgislatnFe. The !
eople require the lirgest facilities for
.afie and travel at reasonah prices, I
nd for such prices the companies sre I
filing 20 render The service There Is, !
zen, a perfect community of interest. Does ]
railway company under eolar o. as charter t
ehts exact exorhitant charges Is not the
smedy a. hand for each sufferer % you a
clip the master BY passing a law whieh Is sas ;
Can you say, or can your !
,mmission say just how much the railway /
,mpanies ia our State shall eaarge2 II sc I
hat does the stipulation 10 the contrary in 1
leir charters auo INT tot Il
What is the conclusion7 Anintefligent adj !,
CT Y commission TO consider the Whole sub s
Of aad make recommendations, 10 hear cone
aints and arbiteate differences. to report
ON time 20 time 20 the Governor an Legis-I
fure aud 20 ascertain as far a. practicable
hat would Be maxim standard for each d
ilroad in the StSte, would be acceptable. 9
lis commission migbt be autaorixed'to deter !
inc prfaa fafie wat would be reasonable b
arrss: and II repressive legislation we're 4
er ne ded the exaetions Of greater than Il
as snable charges might be punished IS n
isdemeanar Bat We do NOT think any such p
zislation would ever be needed. 4
NJ. Moods bill IS now beiers the Senate. z
hy nos refer il 20 5 COMMITTEES tor dlspas- n
suaie consideration. aud hear the r4ilroad e
perts on the SUBJECT I doubt not the re- q
Il uould be fair Law, which would furt her e
stice, arrest the agitation Of the QUESTION g
: polisfcsl issue, aud promote the iaterests 4
al parties. Such Law Wauld Be sheer y
lly acquieseed ia II however, an insane g
sire throttle rail3lsy corporations be- q
use Of real o. imaginary grievances. cuimi- +
res in crude harsh and upco1stitu sloaal d
,, much inconvenienes and trouble 0iil re- j
Il II the eompanlss submit o 4 their q
tsuries become in sdequals e he demands =
On hem; II they Fesisi, the people teeome 4
aaperaled or dishsartened 114 this 16n- g
Is 4 Of mind may and expression +. 1Fless i,
5er.menls On railroad tr4aI rollfng VI
ek g
+ would Sc ven to consider the revelations r.
he Slaie esl, Us aud 20 slow. kuni1ruliea 90
/ fseif;Iier Iar ,r4lic sad travel are indfts to
Iznt1S There oukht % - no aola1onism ~
7esn the rs if6aas tna the people sbey are -
Iu41fF 1e1endenf. fAe 50 upon ne ether. p
! 1ttfi1 fIn1 al prsttle1 Y encoul48 sne4f e
"a hs tf7en q % building 81 rsiluay all %
|r he sleIs ~ + Nt4NfI g.