The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-05-07
Attorney General Catchings and
Railroad Supervision.
-. MIss.. April 8. IS.

VrcKsBURG, MISS, April g, 1854.
EprroR COMMERCIAL HERALD: Several
papers in the State have lately commented
with more or less severity upon my sup
posed course with reference 70 the suits of
the railroad companies against the Raii-
road Commission.
These comments seem to be based upon
the assumption that [ refused TO appear Tor
the Commission, because / regarded the
Law as unconstitutional.
hand ron herewith copy Of letter
written by me to Gov. Lowry when these
suits were commenced, which fully explains
nv course. | did not refuse TO defend the
Commission, and had the Governor differed
With me as to the propriety Of employing
special counsel, would have defended il
to the best of my ability under the circum-
stances.
The questions involved were of great i'm
portanee, and inasmuch as my views had
been officially expressed, and were general
ly understood to be adverse to the validity
OF many portions of the law, | felt that
common Justice to the friends of the meas
ure, entitled them to have the defense made
by some lawyer, who believed that il was
in all respects lawful and constitutional.
was strongly prompted to make this
explanation, when / was first advised OF
the Misrepresentation as to my course,
under which some of the gentlement Of the
press were laboring, but concluded that it
would be best to defer il until Judge Hill
had rendered his decision.
will say in this connection that / did
not advise the Governor that the law was
unconstitutional On the contrary, ad.
vised him that it was not unconstitutional
upon its face. / said to him that if il
| should be construed so as to embrace prop
erty shipped from this to another State, OF
rice uersa. it would be unconstitutional
| but that such a construction was not re
CURED by the term the law. ! said to
| him, also, that did i !. think that any rail
road in this State was protected by it
! charter from legislative control, and | an
of the same opinion still
Please pardon me for taking up so mucl
of your valuable space.
Respectfully, I. c. CATcHINGs.
Hon. Robert Lowry Governor of Mississip
pi, Jackson:
DEAR SIR have to-day received from
Mr.. Melville, one of the Railroad Com
missioners, the subpoena served upon hin
in the case OF the Illinois Central Railroad
Company against the Commission, together
with notice that motion for an injunc
ton will be made b.fore Judge Hill, on the
10Th inst, at Aberdeen.
/ presume that it is my official duty I'M
der section 252 of the Code to defend this
suit, but feel that under the circumstances
the interest of the State would be best sub.
served by having the State defended by
special counsel You have the power I'M
Ter section 2,643, to engage counsel when
ever in your opinion the interests of the
State require it.
The features of the act OF the Legisla-
ture assailed by this suit. which are deemed
I by those who advocated it as of the most
importance, are those having for their OBJ
ject the supervision Of the tariffsof charges
of the railroads, AMI the imposition OF
penalties, etc.
| am OF the opinion that the State can
not interfere with tariffs for the transpor-
tation OF any freight except such as is to
De carried wholly within the State. Freight
TO be transported from another State to
this, or from this to another State, can
not, in my opinion, be controlled by the
State.
/ am also of the opinion that the act in
50 tar as it seeks to create the offense OF
extortion, is wholly incapable OF enforce
ment, by reason OF its vagueness and un
certainty. If | am correct in my views,
the bill will fail to accomplish what its
friends intended it to effect. Ny opinions
in this respect are we'll known, and
are the result of much thought by me.
| could not advocate the bill therefore
except in very perfunetory way, for |
could not say to the court that believed
it to be a valid law
A LAWYER who would make such a state
ment unless true, would be unworthy of his
profession.
There are able lawyers in the State, who
believe the law can be enforced in all re-
spects as written, and | am sure it would
nave / better chance if advocated by some
Of these, than by myself Again, | am
obliged during next week to prepare my
criminal docket for the Supreme Court,
Tor the following Monday, and | cannot,
therefore, give the necessary attention to
the case. Moreover, it is not my duty to
20 to Aberdeen, or to appear in any case,
except at the seat of Government. 1t was
not the intention Of the law that / should
be required to try any case or any branch
of any case. except at Jackson.
Under the foregoing circumstances, ]
request that yon employ coun-
sci to represent the Commission.
l would suggest the employment OF
Judge Watson, Capt. Walker or Hon.
Robert Taylor.
Please advise me if | will b: expected to
take any steps in the matter.
Respectfully,
~ n C.rCurNcs