The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-02-15
And an able RaiIroad Attorney, dis

f
What folly to ask the companies To do
this, or to ask for writ of mandamas 10
compel them to do it. 1t would be simply
impossible. Who would furnish the means
/ If the companies cannot secure FeasSH-
able returns they must Of necessity
/ stop. In that event how long waald it be
! before every manufacturing establishment
/ in the State would be closed, and the farm
ers find their produce worthless because
/ there was no way 10 get it 70 market? How
/ long before every thoroughfare would be
/ deserted and every business man be bank
rupted2
Another public journal of that period
| (the Chicago Tribune) ventilated its
/ ideas in this style:
The State of Wisconsin says that the Leg
/ islature may, arbitrarily and without cause
modify the character Of any corporation
/ railroad corporation, banking corporation.
manufacturing or insurance company. Il
/ says that such corporations nave 10 rights
/ that the State is bound TO respect, what en-
enlargement will there be to establish such
corporations there Who IL going 10 nut
money IN them? Where coutd Wisconsin, to
day, fad money enough TO build ten miles Of
raitroads
How like the echo of the foregoing, is
the talk we hear nowadays in some cir
Giles
The Wisconsin corporations sought
and obtained the opinions of those learn
ed lawyers Mr.. Evarts and ex-Justice
Curtis. They were decidedly against
the cons titutionality of the law. They
said that the law provided for the use
and confscation of property without at
the same time providing for compensa-
ton of the owners. Also that the State
had no power to so legislate concerning
corporations Of its creation as to unfair
contracts legitimately entered INFO BY
those corporations with third parties.
Thus, if in 1873 the Milwaukee Il St.
Paul Railroad agreed to pay its bondhol-
ders a reasonable rate Of interest upon a
debt contracted by purposes contempla-
ted in or authorized by its charter and
legislation previous to 1873, but the
Legislature in 1874 so increased the ex-
penses and diminished the revenue of
the Company as to prevent it from car
rying out its contract, the action Of the
Legislature is unconstitutional and void.
And they concluded by advising the
companies to contest the law before
the Courts. Their advice was ia zen.
The excitement ran so high that the
Governor, (W. R. Taylor, Of Wiscon-
sin felt himself under the necessity Of
delivering a manifesto to the people Ct
his State on the subject
Speaking of the treatment of legisla-
ton by the corporations, he said:
The corporations have arranged their
tariffs without the slightest apparent regard
to the classification aud rates prescribed in
the law and prepared aud published BY the
Board of Railroad Commissioners. In
many cases they have even increased their
rates for transportation of freight above
what they were when the law was enacted
and became of binding obligation. They
employees, requiring of them 4 like obed ]
ence, under pains and penalties which, 10 /
many cases, practically amount to compul-
sion; thus using their influence and power
to insure the criminal dsobedienoe Of many
citizens habtuating them to Il contempt /
for the authority OF the State, when It's I
laws are not IN harmony with d supposed I
and hence contributing in a I
high degree, to weaken the respect for law /
in general.
And in concluding, Gov. Taylor was
compelled to impose this solemn in
junction upon the authorities and peo- I
pie Of his State
Believing then that to the authority Of
the State, and to the support IF public /
officers in their efforts to curb and restrain
the threatening powers of the great corpor-
ate bodies which now boldly defy them.
you will bring promptly aud manfully all
the aid and cooperation which every good
citizen owes the State in any time of peril I.
to her institutions, her authority or her
laws and being deeply sensible of
the obligations resting upon me
to avert, it possible, the danger now pend
ing, | call upon, aud enjoin, every citizen of
this State to observe with scrupulous care |
the requirements of the law herein referred I
to in every instance and particular OF busi-
ness dealings with any railroad campiny of
this State, and especially the companies
herein named ; 10 pay as a traveller no
higher fare than the law prescribas: to paw
Is d shipper or receiver OF freight no higher
than the law prescribes, all of which rates
the Railroad Commissioners have fixed aud
aud that, if in any exigency or
necessity he should suffer any sun. in excess
Of legal rates to be extOrtans from him by
my agent of such company, he shall notify,
with ali convenient displtch, the District
Attorney OF his county of such violation OF
aw. | also request aud enjoin all District
Attorneys promptly and vigorously to pros
scute to conviction aud punishment of all
blenders against said law.
further enjoin all Constables and police {
'sfieers within the State to inquire of all ,
UGH offensss, and complain against the
blenders before some Justice of the Peace
nd diligently to take care that this {
aw be not violated in their town or pre- /;
incts with impunity. !,
The excitement soon subsidized. The
ourts sustained the Legislature. The
ober second thought came to the rescue.
season seized the helm. Capital If It'll
yer was heightened, was soon reas- =
lred. New roads were built in rapid 5
accession even without securing as the !
eneral bill does, which has passed our !
Mississippi House-exemption from the :
perations of the law for d series of I
ears. We need not refer again to the :
recess Of the legislation in Georgia and {,
labama. It is known Of all Mississip- i
ANS. !
May We. who have been the constant IS
Id earnest friends of Railroad progress, nl
lough sunshine and storm, IN view of Il
e foregoing record, administer to cor
0rations who seem to look with terror
pon legislative supervision, The com =
ring lines e
fe fearful saints, fresh courage take.
The clouds ye so much dread nl
Are big With mercy. and shall break
n blessings On your head. y
THANKS to Hon. 81. &. MuIdrow for 4
5 bill to enlarge tue powers Of the Com