The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1883-10-26
RAILROAD SUPERVISION.
Some Legal aud Civil Points<1yfs-
eussed Upon this Subject-M
Able Argument.

Editor Democrat-Star:
Much is being said upon the subject~y
Railroad Supervision not OILY in the
Press of Mississippi, but In tho newspa.
pers aud law journals Of the United
States.
The question simply aud fairly stated
is this 1; Has the congress Of the United
State, or has the Legislature Of State, the
right or power, naturally, constitutions
ally or legally, TO fix and to regulate the
charges an to limit the profits of rail
ways aud other incorporated enterprises .
The writer takes the negative of this
proposition. The right, and coupled with
the right, the power.o legislative bodies
to supervise the Legitimate business Of
railroads and other incorporated business
enterprises, has bees for years and is yet
agitating the minds of eminent jurists,
not only Of America but of England.
The writer regrets that sone eminent
jurist of tho United States. bold, able
aud independent has not had tho in
clinatiou and the encouragement to write
aud to prblsh for the beneHt of the legal
profession of The United States and for
the civilized world book specially upon
this great aud universally vexed and
mooted question.
The question Of railroad supervision
may be viewed from two different stand
points-The first, aud the most important,
10 its legal point Of rico. Secondly, its
civil, social or economic. IL Is vast sub
ject--one of much importance to the peo-
Pile of all classes, and in every sect lou of
the country tfavcrscd by railroads. The
untimely agitation Of this question by
politicians, socialists and grangers, look
ing prospectively to enactment of laws
regulating railroad charges for the trans
portation of passengers and freight and
other restraints upon railroads, has al
ready seriously damaged the commercial
interests of the country. The dread Of
agrarian Legislation IN the establishment
of tariffs for railroads and other incor-
porate business enterprises has, to some
extent, shut the door to capital and to in
vestors in railroad enterprises iu some of
the Southern States.
That the people have had much cause
to complain of the arbitrary course aud
practices of railroads in many respects, is
no doubt true 10 this iliberal course
and practice of railroads, coupled with
the uncouth aud discourteous demeanor
of railroad agents aud officials In their
business intercourse and dealings with
the people, may be attributed much of
the prejudice OF the people against rail-
roads. This, am free to admit, is we'll
founded prejudice. The time has been,
and that not very long In tbe past, when
plain farmer or mec hanic could not ap-
proach railroad agent or railroad OFF,
cial, for the purpose of obtaining some
busness information, and get from said
agen anything like satisfactory informa-
ti0n, or eves courteous notice OF civil
answer to question. But In this respect
think may say that there has been a
creditable Improvement on the part of
railroad officials in the past few years.
IL will not be expected that the writer
could, In the limits Of n newspaper arti-
Gle, 20 into anything like au argument
upon or an exposition of the legal rights,
obligations aud duties of railroad cor
poration. He will only say, en- passant,
that tho power of O State to regulate
charges and to limit the profits OF railroads
and other Incorporated enterprises, or to
interfera with their financial interest in
any way, is not question res adjudiouta.
As yet II is an open question--with the
chances against legislative supervision or
interference. The better opinion is, that
the State, having chartered business cor
polation, with vested rights, immunities
and obligations, can only limit the profits Of
the corporation when aud where she
guarantees corresponding profits by the terIlis
of the incorporation; for II would be mall-
ifestly unjust for the State 60 say to capi-
talists: You may Unrest In this enterprise,
and ii you fail. then you lose your money
aud interest on your investment; aud II
You tcia you can only have small per
cent, say 10 per cent on your risk. Ii the
State, by the terms Of her charter, and as
an inducemcnt 10 capitalists to invest In
An enterprise, guarantee TO the corporation
certain profits. tariffs or dividends, thon
there might be some grounds Tor claim