The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1883-06-14

poSslOte, 221 the 1nte'GSt Of the con-
Su1'i0g class"
The esuesiiOn OF Legislative SUI
pcrvisiOn.
"Corporations supervisable by leg.
istive authority, within constitutional
limits, in the interest and for the pro
lection of the people"
This is the organic law of the
Democratic party in Mississippi
adopted two years ago, though to
our friend of the Examiner it is an
"ancient chart" We fear our friend
has lost his "chart" and thrown away
his compass and his anchor, and is
floating on uncertain seas where he is
in danger of being lost entirely
JackSon CIarioa.
In the very article in the Examiner
on which the above comment Of the
Clarion is based, we used the follow
ing language that could hardly have
escaped the w,.tchful eye of our CO.
temporary;
"But after al, there is no fight over
this plank of the platform of 1877, for
there is no man who denies that "cor-
porations are supervisable by the Leg
islature, within Constitutional limits,
in the interest, and for the protection
of the people" To deny it a man
would convict himself of rank idiocy,
for the clause was so constructed as
to preclude denial by any man who
has sense enough to recognize the
fact that a Legislature can do any
thing Sin the interest and for the
protection of the people," that will
be "wlriuN CONSTITUTIONAL LIMITS
1t is not question Of power or abili-
ty at all, simply Of policy,and all that
the platform declared, if it declared
anything, was that the Legislature
had the power to pass Constitutional,
laws, if such laws were regarded as
polite and necessary, for the super
vision of corporations; and thispower
every sensible man comedies"
But we will add for the benefit Of
some readers who may not be as we'll
informed as the Clarion, that the
Legislature cannot, "within constitu.
tional limits,' pass any law that
trenches upon or violates the obliga-
ton Of contracts; and we will call
their attention to the fact that the
Legislature Of 1882 entered into sol
emn contract with number Of III,
most important Of the new corpora
tons, guaranteeing them tho righ0
and power to charge up to certan
fixed maNimums, for the transporta
ton Of passengers and freight, in con
sideration Of these corporate bodic.
building rail roadsupon certain stiPu
lated routes. And we will say tC
our readers and the Clarion, that i
the aforesaid corporations carry our
their part Of the contract in bu''ding
the roads, the State will be estoppe,
from all Legislative interference witt
their tariffs, and it will be for til,
courts to hold them to the contrac
maximums, as the courts hold al
other contracting parties to the lettc
and spirit of their bonds.
So far from coutroverting thi
opinion which was expressed by Tic
Examiner in an Editorial written be
fore the publication of the decision
of the u. S. Supreme Court in thc
"Noal Ruggles" case, Chief justice
Waite in that very decision support.
us when he says:
"M the absence Of some restrain,
ing contract, the State may establsl
q maximum of rates to be charged
by rail road companies for the trans
portation Of persons and property"
And again where he says:
"U"1ess an exemption is establish
ed, the Legislature is free to act on
all subjects within its jurisdiction, Il.
public interests may require"
In the Iowa cases involving similar
issues, the Supreme Court maintained
the same opinion regarding the in
viobility of specific contracts between
the State and the railroad, when i
made the following declaration:
"a State may limit the amount o
charges by railroad companies for
fares and freights, UNLESS RESTRAIN.
ED BY SOME CONTRACT IN TIE CHAR
TER"
The power, then, to supervise cor.
porations "within Constitutions
limits $50 far as Mississippi is con.
cerned-"by Legislative authority
was signed away by the Legislature
of 1882 to the new companies that il
chartered, and only exists, if at all, ii
reference to the old roads. And ever
in the instance of one of the ole
roads, its right and left arms are free
and carefully protected, while oul
cotemporary and those who think
with him, are clamorous for an op
portunity to shackle the parent stem
The Commissioners appointed by
the Legislature of Dakota Territory
to select Capitol, have after devot'
ing some months to junkettine