The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-03-01


: abuses 81 power on the part of this corpora
ton. do not understand why any on
: should object 70 this, much less Dis under
stand how any one was elected ap9n 4 plat
form declaring corporations Of every des
! cripti0n snperyisable within constitutions
limits by state authority IN the iuteres
and for the protection of the people, can
consistently vote 10 place corporation
q beyond the power OF such supervision
or TO even put that power in any
kind Of doubt. | believe thai an as-
tempt Of Legislature 10 grant a railway
i corporation such powers as 10 diyest State
Iaf is right Of protecting is citizens, by
legislative supervision, against ext0rtian
aad unreasonable determinations IS null,
i void and unauthorized act, and il shows
that such a legislature has i gresater dispo-
sition than power FOR evil
It is undenied that the passage III this
bill, in its present torm, would raise con
stitntionai question as 10 whether OF not tie
corporation thereby created would ever be-
superyisable by State legislation in the in
terest and for the protection OF the people
| 1t i uudenied that the adoption OF the pro-
posed amendment would reninve all doubt
or gu stion fron the matter and would de-
prlFe this corporation OF pFetext 1or re-
sistlng the enactmentor enforcement ot just
legislation correcting aud preventing any
| anconsclontble ABUSES OF the powers grained
Il by this bill. Opposition 10 the adoption
ct this amendment must either come from j
desire TO perpetually place this corporation
above the power of legislative supervision,
which Is claimed BY some very able men
would be the effect of the passage OF this
bill IN its present shape, or from desire To
leave this question, 50 Tar as it affects this
corporation, open to dispute and future
litigation.
1t is universally conceded that Legis- /
lature should use its best endeavors To make /
lis enactments perfectly plain and free from
all questions that might afterwards furnish /
business to the courts and annoyance TO the /
people. Then why make an exception in
this instance? The only grounds | have
heard assigned for such an exceptional
course are:
Isl. That such legislation as is contem-
plated by this amendment would prevent cap
ital from coming into this State, and would
stop the building OF new railroads. From what
can such conclusion be drawn? Certain
iy not from the experience of those States
that have tried such legislation, for in every
such instance its effects have been to bring
the people and the railroads to better un-l
derstanding and observance of each others
rights and To increase the constitute
ton of new railroads. Every railroad
charter that has for years past been
granted by many of the Western
and some OF the Southern States, in which
he largest number of new railroads have
been constructed, have contained similar
md even stronger recognitions of the right
II supervisory legislation than is proposed
~ this enactment. This road now under
consideration Is operating in the States OF
\ alabama and Georgia under charters in
Which this right is not only recognized but
exercised.
2nd. That the new charters should con
ain grant of all powers conferred upon
he old ones, that if It should ever be held
} be unconstitutional To supervise the old
Dads, the same rule would apply to the new
mes. This objection implies an abandon
TENT of the platform on which the party in
over carried the recent election. In my
pinion 1t Is an unwse and evil policy for
Legislature in day ease or under any cir
instances, to pass a bill that perpetualy
lvestes, or puts in any doubt, the power OF
he State to protect its citizens against the
buses of power on the part Of any CORPORA
on. 1t was wrong to do this in the begin
ng, and it is equally wrong to do so now
This objection to the proposed amend
ents has, in my opinion, no application to
e question we are now considering for /
ither know, nor have heard, of any rail
al in this State whose charter gives it the
wers and privileges sought to be conferred
this act. Most of the railroad charters
fore tins Legislature have in them cum
ngly drawn provisions, not contained in
Y Af iAa fAl6 oh tl,.tt 1
circumvent the legal decisions under
Itch it is claimed that the old charters do
place the old railroads beyond the power
Legislative supervision and railroads
Grating under a charter having such
VISIONS will have far stronger
lstitutional defence against such
lslatIon as will prevent and correct
abuses of its powers than is, at present.
sessed by any railroad in this State
rd. That the Georgia Pacific Railroad
nPany, by virtue Of other railroad char
) granted by this State, and which it has
chased, already possesses substantially
powers proposed to be given it by this
Ii this be so, it furnishes a very good
son Why this new charter should not be
nted at all, but 1t furnishes no reason why
Sc amendments which do not propose to
tany other rights than those given by
act should not be adopted.
he second objection made TO this charter
The minority report is so well taken that
eedg only to be stated for its justice TO be
!. To exempt from taxation for twenty
hirty years, any capital this corporation
Int invest in the cotton COMPRISING
mess and that part of its coal merehan-
ng business that is entirely discon-
ed from its operations as a Failr0ad
ie 0theF persons owning The same species
roperty are compelled to pay full taxes
heirs, is monstrous and indefensible
age, and will disable all other persons
a competing with this corporation in
e lines of business. The second and last
ndment offered with the minority re-
proposed to make such property when
ed by this corporation taxable as il like -
'erty when owned by individuals. If
e two amendments are adopted. will
port this bill and, if they are not, it
never rpceiva NV vote