The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-05-23

mile, prescribed by the statute Of Ill
nois then in force. The conductor d,
manded twenty cents, which was tn
fare fixed by the railroad compan,
Lewis refused to pay more than eiVf
teen cents, and the conductor, therefor,
attempted to eject him from the ca,
For this act the conductor was pros.
cuted before justice of the peace upol
charge OF assault and battery, and wa
e lined ten dollars and costs. The cas-
was then carried up through the Stat
courts by successive appeals, the railroad
company sustaining the conductor, anc
raising the question Of the right Of tn,
State to interfere with its business b,
fixing rates Of fare and transportation
) a decision was finally rendered in favo,
OF the State by its highest court, and the
railroad, therefore, appealed to the Su.
premc Court of the United States, upon
the ground that the act of the General
Assembly Of Illinois of April Is, 1871
fixing maximum rate of charges for
the transportion of passengers in the
state was unconstitutional and void.
6ecause ii tmpairtd the obligation ofhc con-
tract contained I" tie charters Of the vart-
o'ls companies tohich wcre merged into the
Chicago, burlington d Quincy Railroad 6v
consolidation. In its decision the SUI
premS Court holds that the power of the
state to control a railroad corporation
which 1T has created, in the matter of
freight and passenger charges, is para
mount and that the clause in the char
ter giving the right to fix it's tolls could
not deprive tho State of its controlling
power.
Ibis decision is the supreme law and
must be enforced.
1t will be seen that the decision cover,
and completely ovcrturns, the ground
ON which the Barry Bill was opposed
and vetoed in this State in 1878, The
ground OF opposition to that bill was
that the power to fix and regulate it's
own rates of fares and freight was in
vested in each railroad company then
operating in the State, by provision of
its charter. The highest judicial au-
thority in the United States saws this
does not intefere with the
states right of control The readers Of
IHR CLARION will note how entirely in
'ccord with this decision is an editorial
n the paper of May 18th, 1873, entitled
The Barry Bill-the Supervisory
'ower of the Legislature over cornora.
ions" We were then severely criti-
Used. Five years have rolled away
nd behold how triumphantly we are
indicated In no spirit of self-glorif- :
alton but to impress on the public
lind the vital truths therein contained
e will reproduce the editorial of that a
ate: t
From HE CLARION May Is, 1873.
Ii the position of u correspondent Of this
lper is correct that the Legislature is es.
pped from passing law regulating or re.
r'eting freights and fares of the Railroads II
THIS State, on the ground that their char. g
RS invest them with plenary power tn es. o
.biIsh such tariffs Of charges as they NAV r,
reseribe, without restraint Grom auy omar. R
u Inc clause in the platform adopted BY II
'e Democratic Conservative State Conyan.
on OF August 1871 declaring that "Cor. ~
'ratlons are supervisablc by the Legisla.
We authority is nullity-mere Brttnm y
'me"' FOR one, we are not prepared to y
fmtt Judgment by default to be taken a
ainst the people, and the doctrines Of our n
rty deliberately adopted, in this sum. q
airy fashion. a.
Our correspondent has told us that claw. !,
RS are all familiar with that provision OF
Constitution which prohibits any State y
I'm impairing the obligation of contracts " q
might have given the remark a wider Y
ope and said that every intelligent person q
the land, no matter what his profession fl
FULLY aware Of the same fact. But It il Il
t every lawyer, nor every intelligent rea- o.
r OF the Constitution, who will iump 10 ),
conclusion, that the clause in question
n be cited in support of the position as. =
med by him in opposition 70 the princi. ..
IS upon which the Barry bill" is found. o.
, The preamble to the United Stntes a
Institution declares its object to Do TO es II
'lish justice, promote the general welfare fir
secure the blessings Of liberty" to Che ia
ople. The Constitution OF Mississippi ii
force at the time these charters were !;
'nted, declared that mo man or sat OF u
n are entitled to exclusive, separate pub. !.
emoluments, or privileges from the com. ~
nifty but in consideration Of public ser. te
g" No vested right oan be created in til
ltrayention of these fundamental pro. ci.
ions OF the supreme law Of the State and
the United States. To say that a sale by
Legislature Of the indefeasible right Vi