The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1883-07-19


belief that "nobody thought that the
Legislature was tying the hands of
the future Legislatures by the liberal
charters it gave,"-
We have only to call our cotempo-
rarys attention to the following |
solemn declaration made by both |
Houses of that Legislature, after it |
had granted charters to all of the |
rail roads 1.Nely to be built in the |
near future:
"That the provisions of Acts incor-
porating (here follow the names Of
several of the rail roads, in relation
to taxation and MAXIMUM RATES, shall
apply only to rail roads hereafter
constructed, and the right of the
State to tao and regulate the rates
on roads already constructed, shall
not be affected by the consolidation
of any such roads with the roads
incorporated under said Acts, or un-
der any other Acts Of Incorporation
passed at the present session"
Now, in the light of the chaIters
granted to the above enumerated
roads-each containing the Tariff
provision conceded to the "Canton,
| Aberdeen and Nashville Road" that
we have quoted-and the subsequent
lplain and solemn special declaration
of the General Assembly in reference
to those charters, which is in effect a
reiteration of the grants with saving
clause in regard to the possibility of
their spreading the generous blanket
by treaties of consolidation so as to
cover "roads already constructed," or
in other words, our beggarly handful
of old roads, can our cotemporary
Justly say in allusion to the meagre
extract it quotes, that
"The Examiners zeal outruns its
discretion, as we have taken 1t for
granted that no rail road attorney,
nor accredited representative of the
corporations, would venture so rash
an assumption"
On the other hand, would it be
easy for the Clarion to find a lawyer
of prominence, or a Judge upon the
Bench, in the State or out Of ii, who
after reading the Constitution of our
State, and the charters cited, and the
subsequent cool and deliberate enun-
citation of the Legislators who grant
! ed the charters, given in the shape OF
IA Joint "Act," and engrossed, enrolled
and approved by the Governor witt
| all essential solemnity,would venture
| the opinion that the Legislature o
1882 did not solemnly concede tC
certain roads certain rights within
certain, stipulated and well under
stood limits, with the distinct under
standing and intent that such charter
we're to have full contract bearing
n and effect, and to be construed by al
n men as the inducement that was t.
d tempt the investment Of money b.
foreign capitalists and corporation
u within the Commonwealth of Missis
IL IL sippi ?
y To assume for a moment, which W
- do not, that the Legislature acte
& either treacherously towards tn
o companies or blindly as to the charal
= ter and bearing of the charters
y granted, would be to concede tn
q utter inefiiciency of the Gener'
k Assembly of 1882 and the folly of a
= attempts on the part of men littl
g skilled in rail road affairs to solv
problems of transportation that puzz
-, W. the brains of those who have give
at wears of anxious thought and stud
IN to their solution.
ef In the matter of the grant in rel'
:. ton to "maximum rates" which I'll
III Clarion condemns-as we construe
MS the Legislature was clearly actin
III within Constitutional limits; but
ts granting the twenty years exemptlc
H. from taxation to each Of the ne
roads, which met with the Clarion
ed hearty approval,t the Legislature tran
10 cended its C Constitutional power. "
od believe however that the people
is, the State with unanmity demandC
this exemption, and that while Il
o' power to collect the taxes still exls
under the Constitution, through Il
L." courts, all fair minded men are dete
of mined that it shall sleep like "Rlp Vi
ho Winkle," in the belief that at the el
,ea of the allotted time it will ava
st. like the old hero of Irvlngs's sto
nd to witness wondrous physical chang
!er and illimitable resources of taxati
y that budded, bloomed and fruit
me- during its invigorating nap
the The people of Mississippi remem(
that this exemption from taxati
teo was accorded to all of 'the roa
already constructed" and in a spi
,ro of fairness which even ventures
over-leap the fundamental law of I
see Commonwealth, they freely concede
+o oartain roads sto be hereafter CT