The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1883-05-17

mere ''sounding brass and tinkling
cymbal" and as void of weight or effect
as an Indian "rain>maker's" innovation
to the storm king.
THAT the provisions of Acts incorpor-
ating (here follow the names OF several
railroads) in relation to taxation and
narinuna rates, shall apply only TO rail
roads hereafter constructed, and the
right of the State to tax and regulate
the rates on roads already constructed,
shall not be effected by the consolidation
of any such roads with the roads incor
porated under said Acts or under any
other Acts of Incorporation passed at
the present session."
Now, We hold that the State in its
sovereign capacity is possessed of Ger
tain rights and powers and privileges
which are to be exercised anu exerted
"within constiiu ioDal limits, in the in
terest, and for the protection of the
people" whether seeking protection as
individuals or as legaliz'd corporations
or communities. We believe that under
the Constitution the State is the reposi
tory of certain prerogatives conceded by
the p ople for the general good, the
maintenance Of law, education and
order-the protection of life and prop
erty. We believe that the State has the
power through her Legislature to make
contracts and grant privileges and i'm
munities where those contracts and
| grants Gre in the interes of the people
and do not Cypress the mass for the
good of the few, and therefore we heart
| lily indorse her action i'll covenanting
with 1ncorporators representing nearly
all of the Railroad schemes that were
suggested to the last Legislatue, grant.
ing them the right to establish such
freight and passenger tariffs as they
Incorporators agreeing to build trans
portation lines upon the routes designa-
ted in their respective charters, for the
advantage of the people and develop
ment of the State, ms well as for the
profit of those investing their money in
suck works.
We hold that in granting these powers
the State mnda full and complete sur
render of whatever constitutional right
of supervision of Tariffs, 'she may have
possessed, 80 fur as the roads named are
concerned, and we do not suppose that
any lawyer will take issue with us upon
this matter. "Supervision" passed with
the enactment of these charters from the
Legislative to the Judicial Department
of the State Government, and the rail
roads and their patrons are thrown upon
the courts for enforcement and punish
ment as in the matter of all other laws
that establish rights or mark the limits
of privilege and exemption.
Therefore The point we make is, that
while the State may by special acts of
Legislation constitutionally surrender
her rights and prerogatives in behalf of
certain citizens or corporations and
communities, she has no Constitutional
right or power to discriminate in the
imposing of burdens. but that every
law that imposes n tax, withdraws n
privilege, Or lays q burden, must be alb
solutely general and universal in its
nature and application.
If we are right in this, then the Leg
islature of 1882. which granted to the
Canton, Aberdeen & Nashville" the
"Gulf and Ship Island" and numerous
other roads proposed to be built, the |
maximum limit of their own suggest.
iug-surrendered absolutely to all of the
other roads il the State, the right to
establish exactly the same rates of tariff,
with the single exception of the mis-
sissippi Mexican Gulf Railroad" which
on March Sth 1882, waived its claim to
this privilege, and by special charter
contract conceded to the Legislature the
right to regulate its freight and passen.
ger charges.
The Act of the Legislature denying 10
the old roads the rights conferred npon
the new ones in the matter Of fixing
"maximum rates." is not worth the
paper it was written on. The old roads
that are now enjoying the privilege of
their tariff schedules can only
be bounded in one way, and that is by
them to the favored communi-
ty of companies that are guaranteed very
liberal and generous tariffs by the terms
of their charters. The State can super
wise them to the extent Of offering them
these terms-which would be gladly ac-
she cannot impose upon
them any burdens or restrictions that
are not common to all roads in the State.
They were as thoroughly protected by
the charters that were granted to others
as though they themselves had been
parties to each charter contract, and
the power of tue Legislature of the State
of Mississippi to pass "RailroNd Sn-
pervision bill" That would be anything
but farce and dead letter, died with
that Legislature and ID buried beyond
hope of resurrection.
-
According to the State Democratic
organ there have been six lynchings
n Alabama during the past thirteen
resulting in the violent and
unlawful death of seven Or eight men.
This record is not commendable to
5he Democratic administration of JUS
ice in that State Washington
Star
The Star INDUCES in a misapplica-
ion of terms ''iustice" was admins