The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1883-06-07

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have absolute control of fares and
freights free of Legislative interfer-
ence. We do not 90 into the ques-
tion of repeal, because satisfied that
section six does not have the effect
that is claimed for it
| Grants of immunity from legitimate
governmental control are never to be
presumed. On the contrary the pre-
sumptions are all the other way, and
unless an exemption IS clearly es
taJlished, the Legislature is free to
act on all subjects within its jurisdic-
ton, as the public interests may seem
to require.
In the Chicago, Burlington and
Quincy Railroad Company, Us Iowa,
fetc., it was determined that "a State
may limit the amount of charges by
railroad companies for fares and
freights, qtnlesS restrained Jy some
contract IN the charter. The right
to reversal of the present Judge
ment rests on the question whether
this company has any such 'estrain-
ing contract, and that depends on
the effect to be given the amending
section six. The company by its
original charter was authorized to
transport passengers and freight and
receive compensation therefor. This,
if there had been nothing more, would,
under the several railroad cases de-
cided, require the company to carry
at reasonable rates, and leave the
Legislature at liberty to fix the maxi
mum of what would be reasonable.
So that, laying aside the limitations
of the old charter, the question here
is whether the amending section re-
lied on has the effect of taking away
from the State this power of legisla-
tive regulation.
The amending section provides
that the company "shall have power
to make all such bylaws, rules and
regulations as may be necessary to
carry into effect the provisions of
this act, and for the regulating the
affairs and interests of the company:
Provided, that the same be not repug-
nant to the Constitution and laws of
the United States or of this State, or
repugnant to this act" BY section 5,
all Of the powers of the company
were vested in the Directors. Clearly
under this authority noby-law can be
established by the directors that does
not conform to the State laws, wheth-
er the laws were in force when the
amended charter was granted or came
into operation afterwards. The pow.
er of the company to regulate its own
affairs was thus in express terms sub
jected to the Legislative control
of the State. The corporate power was
r a continuing one for the ordering Of
the affairs of the company as circum-
stances might from time to time de-
mand. The reserved control of the
State was also continuing, and mani.
, festly for public protection whenever
| in the judgement of the Legislature
the necessity for its exercise might
arise.
Then follows the special provision
on which the claim of contract is
predicated. 1t is as follows.
"The board of directors shall have
! power to establish such rates of toll
| for the conveyance ofpersons Or prop
erty upon the same, as they shall
from time to time by their bylaws
determine, and to levy and collect
) the same for the use of the company"
This is the form in which the pow
er to charge and collect compensa-
ton was granted by the amended
charter. The rates must be fixed by
by-laws,and no bylaw could be made
that was repugnant to the State laws.
The first paragraph of the section,
with its proviso, prescribes generally
what is necessary to the validity of a
bylaw, and the second allows the
director to fix rates by bylaws. 1t
is true that the first paragraph neith-
or adds to or takes from the inher-
ant power of a corporation to make
bylaws for the regulation of its
affairs, and that the proviso is moth
ing more than Legislative declara-
ton of the principle of the common
law that all bylaws must be reason
able, and not in conflict with the laws
of the State. But the very fact that
such provision would have been
implied, adds to the significance of
its incorporation in express terms
into the charter, and manifests de-
termination not to leave room for
doubt as to the right of the State to
use its Legislative power if necessary
for the regulation of the affairs of the
corporation,at least by the enactment
; of general laws applicable to all cor
porations of like character engaged in
the sans business.
There is nothing which even in the