The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-08-29

the tro opinions 81 iile Supreme toars
Of the Jnised -1ztes aboFe referred 70.
Is denying aich poner - a stale Il
this conhsci, Z = impossible - predict
which rule Eiil snallf Be ests3li ished.
shall assuaIe, aoHeyer. IN this Ietter for
the purpose ~ the srgament. tkiAt tta
role Is, as seems 70 be deelared in Peik
] W Chicago Railway Company 81 L. s
r. l64, yiz. thal the Legislature M
ireziilaie charges ca that psrt Of the siiIs..
fnents 10 and frpsa this state. which j.
tEaasP0rtrsi in this state. until Congress
shall esersise It's ackn0w lodged authority
over the sabject and dis;,Iace the State
fezulatisns
Over Transportation Of tie third class
lie. transportation passing through the
State though the point has not been ex-
+ presslv decided 50 far ~ I know, vet /
Z think this State has no jurisdiction Of
1 power 0f regulation whas ever. Nor am
| aware that ans state has claimed such
( power. Nor Is such 4 power in this
state material 10 protect her own, or the
interests q her people. / shall assume
! that no such power exists.
1t thus appears, that As to transporta-
! ton BY rail, the state has fun and com
Z plete power 70 regulate shipments made
from one point in the State, to another
point IN the state, and probably a par
I tial and limited and unstable power, to
be exercised only until Congress acts,
over that part Of shipments to an from
this State which nlae BE transported in
her aNl. limits :. on shipment OF
oe.e Of eaft0H. te New orlearS. she may
l. -. ~.
line, leaving the Railroad Company or
the authorities in Louisiana to fix the
rate for the remainder Of the trip. OF
how little value this power IS will a.
once be perceived, when We reflect that
the object and sole good of any regula-
ton is to get cheap rates fixed clear
through, it being wholly immaterial to
the shipper what may be the fractions
of the charge on each particular part Of
I the line, If the whole charge be exactly
the same notwithstanding the low charge
on that part subject to our Jurisdiction
1t may however be said, that the whole
rate may be fixed by agreement between
the two States but this agreement would
render the whole regulation null and
void, since it is prohibited by Art. l,
sec. X, clause 3 OF the Constitution of
the United states, which provides ''that
no State shall, without the consent of
Congress, enter into an agree
ment, or compact, with another STATE.
or with foreign power etc.
Yet Louisiana might without any
agreement with this State fix the rates
from the State line; but then in prac-
tice, | fear this would he of little value,
since each Of the States would be gov
erned solely in fixing these rates by Its
own peculiar interests, often antagonis
tic and might and would change the
rates as each might see proper or abolish
the regulation entirely. This very
trouble has been experienced by the
Railroad Commissioners Of Georgia, as
shown in their report for tie year 1881.
And then again the reg
ulations Of both States would fail as soon
as Congress acts on the subject, which
Judge Reagan, of Texas. the able and
patriotic advocate of interstate Super
vision by Congress. hopes will be at an
early day.
The result. even prior to any action
of Congress, might be, and probably
would be, that in this class of transpor-
tation extending into two States alone
and not passing through third State,
there would be no effeetual cooperation
in rates between the two States; and
that a regulation by Mississippi would
have no other effect las 10 this class
than to fix the rate for part OF the line,
leaving it to the railroad companies TO
fix it for the other. This would be ut
terly without force on the whole price
charged; for as the rate in this State
would go down, the rate on the other
end would 20 mp exactly in the same
proportion. Work it as we will, il
would be but see-saw game in which as
one end Of the lever the price, was low
cred, the other would GO up. the length
Of the lever being all the time exactly
ii1e. ssssift.. sssrll
live turn u The third and only re-
naming class of transportation, the
prospect of effective State regulation
would be still more dismal For then
the transportation would necessarily be
through State (or part of it) which
would have no power, and no interest in
regulating the charges and on this part
of the route, the railroad companies
would be without restriction as to
charges and of course would make up
1 on it all deducted by the two States
which are termini of the shipment, !. e.,
the State from which it started and the
/ State in which it ended. When we re-
I feet that all the shipments between this
State and st. Louis, Chicago, Cairo,
I Louisville. Cincinnati. New York. Bal
timore and in short all shipments not
/ between the State and our c0-terminous
0 A t,l. 4
and Arkansas, are of this class, we per
ceive how large and important is our
commerce over which we have no power
to make any effective regulation what
I ever. These two classes of interstate
commerce embrace probably nineteen
twentieths of the transportation, in
which Mississippi has an interest. And
as to these we have seen that the power
of the State when fully exercised, and
conceding it also power denied by able
Courts aud Judges, is not likely to turn
out much good. As to this commerce,
50 large and important, and in which we
have so deep an interest, We must for
effectual relief rely upon regulations by
Congress and upon its indirect regula-
ton by means hereinafter to be pointed
out. This is my best Judgment after
much rejection, stimulated by a desire
to ascertain means within our own con
troll to remedy wrongs and evils from
! which our people suffer, Is unjust and
improper charges made on them in the
matter of railroad transportation. Thai
our control is not greater, that oui
means of self protection are not more
efficient. deplore; but cannot, Great,
for her greater power than the State
possesses; nor can the State grasp from
/, the Union or her eo,States powers whiel
belong TO them.
II there be those who think ! hav,
I underestimated the power Of the State
on this subject. / see no objection t,
putting the matter to the practical les
3 Of enacting law in accordance wifi
their views. If it shall turn out that
am mistaken, shall be gratiied to dis
: cover nv error. The extent of th
3 power is purely a judicial question, q
: / have said. What l may think goe
!. for nothing; it can neither add TO ne
4 I detract from the power vested IN tn
|. state. If such a law be passed, il ca
! do no harm even Il am correct. A
4 the worst if would only be Intellectual 9
e | think is probable; and inefficieney
o not PEI < an evil, except - far as il ma
Il be substituted for what would have forG
: and effect, and the efficaciOns be left VI
h DONE Adding naught to something
e value does no harm, except in the ii
\ appointment Of those-who Imagined th.
= a real addition was made. Ii Is oRl
,e when something valuable Is exehangs
le for what Is valneless that injury IS don
n- If such law be made, as an addition
lie regulation of charges, as it may be I
a prescribing maximum for charges
ie Interstate transportation, it may pro
4. erly c0-exist with the plan I shall recas
,e mend; and If contrary to nv opini.
Of it shall prove effective, 80 much the b,
e ter.
n 1t would seem then that the eficie
A. power OF the State to regulate charg
re on Railroads Is confined to purely int
+ nal transportation, l. e., shipments stal
Nv ing At one point in the State and en-
X ing at another point in the State al
3. that this portion Of our commerce
81 exceedingly smsll. AfisSiSxir,ni has