The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1883-07-19
VOL. 1s.
EDITORIAL MATTER,
ON Tri. Weekly issues OF FRIDAY 4 Monday
Signed Away.


the Legislature of 1882 to the new conf
panies that il chartered, and only exists,
IL ut all, in reference to the Ola ROADS.
And even in the instance of one OF the
old roads, its right and left arms are 1ree
and carefully protected, Whlle our co
temporary and those who thlnk with
him. are clamorous for an opportunity
to shacl<le the parent stem.-A6efdeen
Examiner.
The foregoing declaration has been re-
peatedly made by the Examiner, whose
zeal ouiruns its discretion, as we have
taken it for granted that no railroad at
torney, nor accredited representative of
the CORPORATIONS, would venture 80 rash
an assumption. We will venture to say
thai there was no ''bargain" contract"
or anything else, expressed or implied, TO
authorize the declaration. A general
supervisory bill passed the House, with
but fifteen dissenting votes. 1t failed i'll
the Senate for want of agreement among
the friends of supervision as to the de-
tails. Numerous friends of supervisor,
among them the able and distinguished
champion of the doctrine, Hon, II. H..
Woods, of Lauderdale, knowing the ex-
istence of the power i'll the absence OF
such clause, opposed its insertion i'll the
charters because notonly supereroSatlve
in its effect, but embarrassing TO the
companies. Nobody thought that the
Legislature was tying the hands of the
future Legislature by the liberal charters
il gave. IL could not have done so if ii
would, and would not if it could.
The Examiner to prove that the Leeis-
lature has disarmed the state of its right
of control. cites Il provision III one OF the
charters fixing maximum beyond
which the companies could not go III
prescribing its tolls. We happen to have
before us an extract from declsion of
the Supreme Court of Tennessee (RaSan
vs. Aiken. 8 Sec. 609) on that very point.
"That the intent was TO TX
a maximum beyond which the company
could not go, and leave the tariff OF
charges within that limit to the company
subject to the rule of the common law
that the charges should be reasonable
and 10 uhe reguiattng pooer OF Me ComIts "mo ,'t
Me Legislature" Meaning, aseXpressed Dy
an eminent jurist, that charters IKE the
one referred to by the Examiner, do not
imply any legislative contract not tt
regulate the rates of the company ever
within the maximum rates beyond
which the company is forbidden TO go
But there is still higher authority. IL Is
the very recent decision of the supreme
Court of the United States, from which
there is no appeal, that a clause in 6
charter authorizing company to fix III
rates of toll, is not a contract restraining
the State from enforcing supervisory
legislation. How in the face of this de
cision our contemporary, the Examiner
has reached its conclusion that the Leg
islature has forever tied the hands OF the
State in the matter OF regulating corpo
| rations, we are utterly at loss TO con
ceye. At all events the extraordinary
assumption of the Examiner, if it speaks
| by authority, will necessarily precipitatt
| n settlement of the ISSUE so that the peo
| pie and the corporations may, eXactil
understand their rights respectfully
Jackson Clarion.
| We have discussed all the point
suggested by our able cotemporary
in recent issues of the EXAMINER,ant
only regret that the Clarion could no
find space to submit our side of TIN
argument to its readers as we hav
invariably submitted its side, so tina
the many patrons of that excellen
journal could be put in possession G
as much information bearing upon tn
subject as it was possible for either G
both papers to supply.
Now our contemporary says:
"The Examiner to prove that tn
Legislature disarmed the State of il
power of control, cites provision
one Of the charters fixing maximul
beyond which the companies coul
not go in prescribing its tolls"
Move did not single out zone
the charters" in our argument.
the Examiner of May 10Th, we wro'
as follows:
In February, 1882, the Legislatu
granted to the Canton, Aberdeen
Nashville Railroad" and the Yazc
and Mississippi Valley Rail Road,
the two great arms and feeders OF tt
Chicago, St. Louis & New Orleal
line-the latter charter containir
authority to weave perfect net wol
of rails all over the Yazoo Delta
charters embracing the followil
provisions:
"This road shall have and posse
the power to fix from time to time,
its Board of Directors, the rates
which it will do express and telegral
business, and shall transport 9th
express companies over its line at
lust and reasonable rate of transpc
tation; and also the rates at whi
said company will transport perso
or property over its rail roads a
branches, provided said last mentlo
ed rates shall not exceed four cer
per mile for passengers, nor the IL
lowing rates for freight:
"Sixty-fve cents per hundr
pounds for 1st and End class freigh
per hundred miles or less.
"Forty-Gve cents per hundr
pounds for Bird and 4th class freigh
per hundred miles or less.
"Thirty cents per hundr
h. pounds for 9th and 9th class freigf
le per hundred miles or less.
+ + The "Gulf and Ship Island roa'
is of which the distinguished editor
,r the Clarion is an Incorporation, a
lg which is certain to be built at
h h; early day and give us a great
~ port city upon our Southern coz
rs was the first to fall into line beh
the above named roads with char
, granting exactly the same Tariff pl
|, ileges.
= On March 3rd, 1882, the sa
charter rights were granted to
"Memphis & Vicksburg Road"
On March 7th they were gran
to the "Meridian, Brookhaven
G Natchez Road"
sd On March 9TH to the "Vicksb1
& North Eastern Road"
On March 7th to the "Tennes
& Mississippi Road"
tv On March Sth to the "Meml
to & New Orleans Road"
e,p en On March 9th, to the "Vicksb
& Mississippi Road"