The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-09
Litigation in New Form, Concern
ING the Right of Supervision.

The contest over the question OF the
right of States to regulate Railroad
charges, has been revived in the courts
in a new shape. In the celebrated Gran
ger cases, the United States Supreme
Court affirmed the right of State to
regulate such charges, but it is now con-
tended that the State has no power to
delegate its right to Railroad Commits
sion. This would seem to be putting a
fine point upon it. The State can act
through its agents, or constituted au-
thorities only. They are clothed with
the responsibility of executing its SOW
eipn will. The case TO test the vail
dity of laws for the creation of Board
of Railroad Commissioners, has been re-
Gently brought by the Georgia Railroad
and Banking Company which operates
the line from Augusta to Atlanta, The
company denies the right of the Gcor-
aia Commissioners to fix the rates Of
transportation below the minimum es-
tablished in their act Of incorporation.
The Supreme Court Of Georgia having
decided against the corporation, the lat
ter has taken an appeal to the United
states Supreme Court.
Still another case from Illinois, inyolv-
ing the same issue has recently been
argued before the same tribunal. The
suit was originally brought by one John
NJ Norris in the name Of the State
against the Railroad company, under an
act Of the State Legislature passed May
,, 1873, entitled can act to prevent ex-
tortion and unjust discrimination in
rates charged for transportation of pas
scngers and freight The plaintiff al
lcges that the Railroad Company charged
him Il higher rate on q quantity Of sal
shipped from Chicago to Tuscola than
that fixed "by the railroad and ware
house commissioners" appointed under
| the act above mentioned. The Com.
pany admits the alleged overcharge, but
maintains that the Commissioners had
no legal right to fix rates for the trans
portation Of merchandise over its road
and the act which assumes to give such
authority is unconstitutional and void
for the reason that it ignores an obliga
ton of contract between the State anC
Company embodied in the Company's
! charter. The case was on an agreed
Abatement OF facts. The circuit cour
held the act Of May 2, 1872, to be con
sttutional and valid, and assessed a fin,
OF 81, 900 against the Railroad Compan,
for admitted violation OF its provisions
! Upon appeal this Judgment was affirmed
| by the Supreme court Of Illinois, an'
the case has come before the Unite,
States Supreme Court upon 4 writ o
error for final review. The question i
controversy is virtually whether tn
power to fix and regulate rates for tran,
portation Of merchandise and passen
gers over the Illinois Central Railroa,
is vested in the Railroad Company or i
the State,
We think it doubtful how these case
will be decided, though some Of our COZ
temporaries are confident that in eae
case the Supreme Court will decide
favor of the State, A material chang
has taken place in the composition
the Supreme Court since tho origin;
e decisions were made affirming the rigl
y Of the State to regulate Railroa
q charges.
! The Illinois case was decided on Mor
day. The judgment pronounced
9 Chief Justice Waite is that the Sta
h law is constitutional, and the right
:, supervision is again affirmed by Il
!, highest judicial tribunal in the COVER
d nlchC' Inc Chlef justice says:
n The State, it is true, has given tt
t. Board of Directors of the Railroad Cor
}, pany "the power to establish such rat
Il of tolls for the conveyance of pefsoI
l. or property as they shall from time
e. time, by their bylaws, determine" b
e such bylaws must not be repugnant
l. the Constitution and laws of the Stat
t. Judge Harlan dissented from the re
. soning of the Court, but concured in t
Judgment. With this exception, t
Court was unanimous.
lie The Philadelphia Record says tn
G the neglect of the whole party of Evils
10 ing statesmen" who overran LouisiaI
" in the interest Of Hayes in 1867