The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-08-01
Can a State Regulate Railroad
Charges Beyond Its Limitsi

The necessity for state legislation |
regulating railroad charges, has given 4
rise 70 numerous questions As 70 the ,
manner in which the power should be ex-
ercised. There are only 4 few persons 1
who now deny the power, even though
the Legislature has conferred upon theiI
companies the authority, in the absenee
of State regulation, TO prescribe, without I
limitation, their own charges. But
doubts exist in many minds As to the sxs
tent of the State jurisdiction, and how
far its legislation can be applied within
constitutional limits TO correct, and 70
guard against, abuses PROFESSIONALLY |
State has = right TO regulate the cost
Of transportation within its own boun-
daries- This conceded, great point
has been gained The producer, who
ships his cotton to New Orleans from
Winona, under this rule, is protected
from extortion until it reaches the
Louisiana line; and it is reasonable to
assume that Louisiana would soon dis
cover the necessity of cooperating with
Mississippi in the adoption of similar
legislation for the protection of CON-
merce. The compress by which cotton
is reduced TO the smallest bulk, thereby
lesseping the cost of transportation, and
the laws which other States have
passed regulating freights, afford speedy
access, to numerous other markets, if
Louisiana should blindly persist in
refusing to follow the example of her
sister States. When the product, OF
freight of whatever kind touches the
Tennessee line on its way to Memphis
it will be protected against over-charges
under the recent legislation Of thai
State. When it reaches Alabama, d
its way to Mobile; or through Geor
to Savannah; or South Carolinz
= Charleston; or Virginia to Norfolk; 4
. if it be transported to Boston OF z,
York-the same rule will apply.
But it is not settled by the judicia
tribunals, that State has no authorit
a. to prescribe the charges on freights {
points in other States. On this questio
the Courts are divided. Our authorit
" for this statement is the st. Louis Raj
- way Register, probably the ablest raj
" road paper in the United States. Tn,
journal, in one offts recent impression
:" says:
=. There have been two decisions lately {
= this question, which arrive at opposite co
elusion. The Supreme Court of Illino
ter says that the Legislature of that State,
he its agent, the Railroad Commissioners. c,
he prescribe the amounts to be charged for I
he carriage Of goods from places tcithda to IA
IN .caiom the State" The Supreme Couri
on. Iowa holds just the contrary opinion
in, The Register proceeds to analyze b
ar, decisions, while it emphatically disseH
oy. from the Illinois decision in pursuan
uc- of the plan of Railroad organs al
he attorneys to throw every obstacle in t
ur way of legislation to protect the pub
,dy against extortionate charges by the co
panies.
ms The public mind must not permit
Of self to be embarrassed by doubts ii
in perplex the judgment and darken col
ted sci. Nor even strive to follow /
lrs. closely the real or imaginary preser
IRA ton of courts. 1t is the prerogatiye
of free, enlightened people to be guild
,as- by their own convictions. If the p
ate pie had been content to abide by the
the cision in the Dartmouth College ca
ion their right to supervise corporations
low. their own protection would never hs
itad been called into exerci-e, and til
hoy would have remained, through all ii
to the bound thralls of corporate pow
Il They must remember TO ponder be
,tad ly"-for-
cor "'Tis base abandonment of reason
To resign their right of thought"
AVE In the examples of twenty-four Sts
ave which have adopted supervisory Leg
eous ton of every kind, suited to every {
end lIition; the men who make Istws fsr }
eta sissippi will find reliable guidance