Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-06-06
STATE RAILROADS.
Meeting Of the Commissioners at Nash.
Eille-The Question Of the Right
Of the State
To Interfere with the Chartered PriVi-
leges Of Railroad and Other Cor
pOratiOns Raised.

NAsHvILLE-The Anas1icaa, of yester-
day, reports that tue Railroad Commits
sion OF Tennessee mt, pursuant 20 ADJOURN
nlent, in the Senate Chamber ~ the Capitol
on Monday. Col. John II. Savage, Of Nc.
Minnvi.lP, is president OF :he Board aud
commissioner from Middle Tennessee; Mr..
John A. Turley, OF Cog Hill, comm js5ioBer
of Eas' Tennessee, and Gen. q. w. Gordon,
Of Memphis, IL secretsry of the Board and
commissioner from West Tennessee.
The Board had not been long 10 session
before Judge Russell Houstor's letter to the
Louisville COurieT-,J0Tnoi, which appeared
IN yesterdays American, became the subject
Of discussion. JhIs, Of cgurse, raised the
question OF the right of State
TO INTERFERE WITH THE CHARTERED RIGHTS
of railroad aud other corporations. Oae OF
the commissioners way Of answering this
question, and, he said, many other questions
in Judge Houston's review OF the recent de-
clsion Of the United States Supreme Court,
cad some passages from the decision Of the
Supreme Court Of the State of Illinois US. the
Wabash, ST. Louis and Pacific r 4iiway Com
pany. In this Gaze suit was brought by the
people sgainst the road 10 recover for uBJust
determination in the rates Of freight charged
upon shipments made from different poiGts
in the State OF Illinois TO the city of New
York. The following extracts read by the
commissioner, and which he said embodied
his opinion and were his sentiments on the
subject, were from the
orIsIoS OF MIR. JUSTICE WALKER,
who delivered separate opinion In the case.
H. said inter ala:
Il is automatic that in all representative govern
ments the sovereign or governing power belongs
to ana resides in the people, as the source of all
power; that this power is
INHERENT TNATJENA AND INnESTRTTC-
TIBLE
without the subversiOn or destruction of the gov
erumsnt This is absolutely true from the in
meut. To surrender or sell such power to its full
extent is to destroy such government. To impair
diminish the sovereign or governing Poweri is to
weaken the power to govern the people and to pro-
tect them in their rights, and to that extent de-
fests the purpose for which government was Gre
There is no language or provision of our con-
THAT CAN BE TORTURED
into power to sell immunity from governmental
control TO either natural artificial persons, and
to mold there is such power violates every known
rule Of Interpretation and construction.
And if it would be unjust and in violation of
all principle to sell such a immunity to a natu-
raj person. in the name OF reason JUS ice, fairness
and equality, can such privilege be sanctioned
extended to corporation,
A MERE INSTRUMENT
and creature of government? natural person IS
an integral part OF the body of persons holding,
State, and Is eitited % rs s as
mere creature and instrument of the government.
1t must then follow, ii the natural person cannot
thus be exempted that corporated body cannot
as the mere instrument
BROUGHT INTO BEING
by and to serve the sovereign power, cannot be
greater its rights more sacred than the integral
pant Of sovereign power.
ated simply for private gain. Their nature is
inherently a monopoly combining capital and
power detrimental to private enterprise, and whea
they become injurious to or cease TO promote the
public interest, they must be
CONTROLLED OR EXTINGUIsHED.
They must never become to the State what the
ancient baroBs were to the British government
not only uncontroll able, but more powe rful than
render our liberties.
Charters for corporation are in theory granted,
upon consideration rendered. or to be rendered,
and the consideration is that they will assist,
within the scope of their power, and within the
purpose for which government was organized. If
they shall be uncontrolled, we must expect to see
their power and
OPPRESSION INCREASE TO DESTRUCTIVE
1t follows from what has been said that no we'll
founded claim can be urged for immunity from
SIMPLY FROM THE GRANT OF THE CHAR
TEX,
aud power to fix charges for carrying persons and
property over its road. such action is condemned
by Inc Consideration here submitted. We held in
the case of Virgins Ferry Company rs. the people,
102 Ill, $50, that corporation created Dg le4sla-
tive power ia
SUBJECT TO THE ZANE CONTROLLING
POWER
OF the State are natural persons. That case is
conclusive of this question Of the power to control
this corporation and prevent it from making IN
Just Discrimination in this State.
To leave corporations uncontrolled is t, create
an imperium ia impeio that would inevitably lead
alienable right to protection against wrong and
oppression, and there is no power Known 10 our
system of government that can render
MERE ARTIFICIAL PERSONS,
created as instruments to promote the purposes
OF government, independent of the government, or
that can license them to Cypress the people.
Itisnot the function of the courts to construe
the constitution in the interest OF oppression, and
for its promotion and to cripple, diminish and
suppress liberty justice aud right.
There and can be no persons or govel imental
power of the State under our form OF government
Col. John H. Savage says the Commission
is Dusily engaged in reading up large num-
Der Of lava, reports and decisions on the
questions they will have to pass upon, and
are endeavorlng to educsts Themselves 10
grapple with the great questions involved IN
the settling Of the matter of difference be-
tween the railroads and the people.
''IHE TASK Is so GREAT"
said the colonel, "that it is hard TO know
how or where 10 commence, but we are pre-.
pared TO attend to any and all cases that are
properly formulated in writing and brought
before us. We have number OF communi-
cations from merchants in various paris Of
the State about the unjust discrimination of
the roads, but none oil these have yet been
put III such form that we can take hold OF
them. By tomorrow we will have seine Of
the work laid out, aud will be able to give
some inform alton to the press"
Gen. Gordon and Commissioner Turley
were both busily engaged all day answering
the correspondence their being appointed
had elected, and there sems TO be little