The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-10-17

i1DtEGl1o4 IN tHc IAAat tCA NAN~---'e -,
corporation, OF BY special statute IN al
vauee Of granting such power
We base these views upon the decIsloI
OF United States Supreme Court IN fhs
case Of Chicago, Burlington and Quincy
Railroad Company vs. Iowa Fl, 7. ;
Reports. page lt3, the opinion IN which
case was handed down sa the October
term, 1876.
Chief Justice Waite delivering the
opinion Of the Court, said:
sRailroad companies are carriers ioi
hire. They are Incorporated Is suehi
and given extraordinary powers IN ordei
thar thex NAV the better serve the pub
lie in that capacity. They are therefore
engaged in public employment affecting
the public interest. and. under the de
cisi0n in Mum rs. Illinois, supra ?. iiS
subject TO legislative control as to theil
rates Of fare and freight aalsss Protectee
/ By their charter This company, in the
transaction Of its business, has the same
rights, and is subject to the same con
trol as private individuals under tbs
same circumstances. 1t must carry
when called upon To do so, and car
charge only a reasonable sum for the
carrisge Ia tie absence Of any legisla,
tive regulation upon the subject, ths
courts must decide for it. As they do foi
private persons, when controversies arise
What is reasonable. But, when tn,
Legislature steps in aud prescribes 1
maximum Of charge, it operates upor
corporations the same as it does upoI
individuals engaged in a similar bust
ness. II ieas irithiR he goseef Of ite com
PAM to call agoa The Esgislai0fe 10 IA
pgraanehfig his limit and aake a a par
Of the cAarte7; and if it was refused, te
abstain from building the road and es
tablishing the contemplated enterprise.
If that had been done, the charter might
have presented n contract against Jutl,r,
Legislative Interference But it was not
ana the company invested its capital
relying upon the good faith Of the poopt'
and the lcisdoRt and impdrtiaiiiy of legis
lators for protection against wrong un
der the form of legislative regulation. =
No one will deny the right of the
State to supervise such railroads in the
State that have not secured the right
from the State, by contract, to exer
else exclusively such power, subject
however, to many unsolyed and intricate
difficulties.
The promoters of the Mobile and Ohio
Railroad did what Chief Justice Waite
said it was within the power of the in
corporators of the chicago, Burlington
and Quincy Railroad Company to have
done. They presented their charter to
the Legislature of Mississippi, the 18th
section of which reads as follows: "And
be it further enacted, That it shall be
lalgful for the company hereby ineor.
porated, from time TO time, to fl, regu-
late, and receive the toll and charges
by them to be received, for Transports
ton of persons or property, on their
railroad or way aforesaid" The Legis-
lature Of Mississippi passed this charter
February, lS4S, in which it parted with
the power to regulate the rates of
charges of company and by explicit
language conferred such express power
upon the Mobile and Ohio Railroad
Com any At the time the State con
feFred this power upon the company,
there WAS not a clause or eord in its Con-
stitntion or upon its statutes whereby
the state declared its intention of re
serving to itself this power or right.
will not press the legal argument
any further, as ] think | have clearly
shown that the Supreme Court Of the
United States has never announced any
new doctrine ON this subject, and that
| it has never been called upon to pro
nounce a judgment on any ease similar
to such as could be presented BY the
Mobile and Ohio Railroad Company.
! But aside from cold legal principles
can say that the management of the
Mobile and Ohio Railroad fully appre-
ciate the absolute necessity in the oper
alton Of the road, Of not bnIy being at
peace with the people of Mississippi
but that ii must have their friendship
and sympathetic corporation.
Their interests are 50 inseparably con
nected, that whatever affects the one
affects the other; neither can one sue
coed at the expense of the other.
! Itwould chow a want Of business sagaei
| ty and wisdom for the managementof of thi.
property to adopt and enforce rates thai
would result in repressing the energies
and efforts Of the people, but instead oi
pursuing such course, know that tn,
chief officers of this road devote many
anxious hours to the problem. How L
maintain and improve this property
furnish the public with comfortable
safe and speedy transportation both Il
persons and property and meet the fixe,
charges on the property; and all thi
anxiety is caused by the low rates re
ceived for the services rendered.
/ The thinness of the population alon,
and contiguous to he,line of the Mobil
and Ohio Railroad is such as to cause
lean business; yet the public deman,
modern comforts of travel, safe maehin
cry, SECURE track, and rapid transit, bot
for persons and property, and all thi
costs money. Notwithstanding all tha
has been said, remain unshaken in M
confidence in the sense of right, in th
mind and heart of our people.
+. L. RUSSELL.