The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-08-29
HoE. J. z oE0RGR ON RAILROAD
SUPERVISION.

HoE. J. /. z GEORGE ON RAILROAD
SUPERVISION.
Senator Georges Open Letter On ths
Question.
Prom the I.elge5.l
To ~ EEesliency ssls. is5il 1stwrx-e
soon aftef my return from Washing
ton, in March last, yentured to expires
I y you N familiar Intercourse the views
entertained ia relation 70 Railroad
Supervision. On freqnent occasion,
Sines f-haye .rtpeated thsm and added
such further observations as reflection
on this interesting and vital question
has suggested At your suggestion,
believe. undertook the consideration
aud comparison Of the various decisions
made by the Supreme Court Of the
United states on this subject, with the
view Of aScertaining. il possible, the na.
tare. extent and limits Of the Power q
the Stste 70 regulate charges BY Rail
roads and other common carriers.
have been frequently requested by those
in whose Judgment ] cOnfiele and 70
whom ] had expressed my views. 70 make
them public through the press. In obe-
dience to these requests / write this open
letter, aud address it to yOu az the Con
stitutional representative Of the people
Of the state. bg
The subject Is n very difficult one,
When considered in the concrete-that
i, when we 20 farther than merely to
form al abstract opinion. az fine prs
priety of supervision, and undertake to
formulate the plan by which superyi-
sion is to become an operative fact.
This inherent difficulty has caused some
10 declare against any exercise of the
power, fearing that no scheme can be
devised which, in actual operation, will
not prove a disaster instead OF benefit
to the State, and has caused others to
make an attempt TO get rid Of it by re-
ferring the whole matter TO Railroad
Commissioners to whom are to be grant
ed the high and grave power Of fixing
rates in all cases. on all freight carried,
and between all points of transporta-
tion.
The difficulty is increased, when it is
seen, As will hereafter be shown. that
whilst the general right 20 supervise Is
now settled, yet the extent Of this power
in the State is a matter Of dispute among
courts and jurists Under the circum-
stances, ! place before you and the pub
lie my views with some hesitancy and
ditlidence, lest in the settlement BY the
courts of points not yet determined,
may not properly forecaste the final de-
termination. For it must be remem-
bered, that 50 far as the extent of the
power is concerned, the question is a
judicial one and remains for final deter
mination by the Supreme Court of the
United States and not by YOU or me or
the Legislature Of the State.
But in the very nature OF the subject,
without reference to doubts about power
these are many difficulties which may
well aPpal any thoughtful man who may
be caded on to give his support, or make
opposition 10 any particular scheme
which may be proposed, and especially
one which embraces the fixing of all
freights and fares on all property trans
ported, and between all points Of trans
portation. Such scheme, if properly
and Justly prepared. would involve an
amount of technical knowledge of Rail
sesscd by few; and would also require a
special and thorough knowledge of the
business in all Its rainifications, and the
connections Of the particular Roads with
other lines of transportation, TO he regu-
lated by it. This, in all probability,
will cause any scheme of this sort, how
ever carefully devised, To be disappoint-
ing in lis results. when put in an actual
operation. Yet / think that there are
certain general rules founded in Justice
and fairness which if put in force would
result in public good, and would go
long way TO remedy some of the evils
now complained Of.
II is hence, perceived that to say that
one favors Railroad Supervision and no
more amounts to nothing. No more
than IN n'1nH.i phoulslfStF yss. Is in iaraf
of honesty, whilst taking no sep to pun
ish or prevent fraud and theft, and de-
vising no scheme by which government
control shall effect the desired end
It must be noted too, that any law
framed upon Railroad Supervision in
Mississippi, must necessarily be a par
l tial and incomplete scheme, operating
I only in her own borders; not embracing
/ the mutually dependent parts of trans
4 portation which takes place partly in
other States and partly in this State.
For it must not be forgotten that Missis-
ppi has no greater powers than her CO.
( States, and the same State sovereignty
which enables her to have laws on this
subject to operate like all her other
laws, only within her own borders, also
gives equal powers to each of the other
States to iegislate in her limits
There are three distinct classes of
transportation in Mississippi which
must be considered in this connection
. lst. Transportation commencing, at a
point in the State and ending in another
point in the State, as shipment from
Meridian to Nicksburg. This is what
is called domestic, or internal transpor.
tation.
2d Transportation commencing il
another State and ending in this, or tn,
reverse, as a shipment from jackson t.
New Orleans, or from the latter to tn,
; former.
Sd. transportation commencing in on,
State, passing through this State anC
ending in a third, as a shipment from
st. Louis to New Orleans. or from New
Orleans to St Louis.
The second aud third classes consti
tute what is called interstate transpor
tatiOn.
Over the first class, it is now settled
that the Legislature of the State, ha
full and exclusive Jurisdiction and pow
er' except. perhaps, where there is a con
tract in any particular Railroad chatter
ha4 . he / ala&. IL. -
exercise the gower of fixing or regula
/, ting rates for that Company.
! Over the second class the Legislature
f, probably, has power to regulate tn
; charges on that part Of the line whicl
: Is over railroad situated in and ehal
tered by this State. This power, if
!, exists at all viii cease however, wher
: ever Congress shall act on the subject
Over the third class the Legislator
probably has no jurisdiction whatever
As to the perhaps" in the first clas
. | have this to say, that il is yet an III
settled question, and expressly left :
! in the latest decisions made by the 81
! preme Court Of the United State
: whether it is competent for the Legisli
], ture OF a State to make a eOntrae
which will be binding ON all future Ie,
islatures, surrendering to any partienls
! Railroad Company the power Of Il
State TO regulate or fix rates and fares
, be charged by il. cannot foresee VII.
will be the final decision, as there a
expressions Of individual judges on boz
sides Of this grave question. Yet Iha'
= no doubt myself a. to how the Questio
should be settled. The power to supe
= wise being a power necessary for ii
: public good-''a power 70 prevent Of
man from 80 using his properly as to j
jure another, "A power which is Of Il
very essence of government" as "
= : said BY the Supreme Court Of 4
q United States, cannot, in my judgmaI
be aIienated by the mere agents of &
p people, clothed only with the duty
Ne exercising il. Legislatures may d
=. ~ powers granted to them. but they ca
=. not ALLEVIATE or surrender them irrevOC
y by. In my judgment, the Legislatu
- has As much authority to ALLEVIATE
= power to prevent and punish larce
- or murder. A. its power TO prevent
81 tortiOnate charges by common carrie
va -. IL A