The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-17
Governors Message vetoing the Rail
road Supervision Bill. sAn
Executive DEPARTMENT, /
Jackson, Miss, February 18th, 1884. !

return you herewith without my approval House Bill No.
49, entitled can act to provide for the regulation Of freight
and passenger rates on and for the taxation of the
property of railroad companies this State and for other pur
poses"
1t is proper in view Of the Importance of the subject matter
Of the Bill and the serious character of my objections ther
to- that should give detail the reasons which eonsan
to withhold my approval
By section the Bill is declared that any person or
corporation engaged n the business Of transporting
freight any railroad in this State who sh Ill
for any such transportation than just compensation
for the rendered. mand more than the spec
fed any bill of adng issued by such person corporation
whofr his Its advantage for the advantage
Meeting line of any person or locality shall make any
Just discrimination III transportation against individual To-
caty corporation shall be guilty of extoon and in every
case it shall be for the jury to determine from all the evidence
whether than just exaced and received
or whether any such discrimination in transportation which
may be established by the evidence against the individual To-
catyor corporation as the case may be- made for the ben
eft advantage of the person corporation operating such
railroad, or of any person or locality.
This the sole definition of extoron contained in the Bill
There is provision making the tariff to be prescribed b, the
Commission obligatory upon either railroad companies or those
dealing with them That tariff to be deemed prma ace evil
dence of the justice of its provisions but conclusive
any whatever If shipper is not satisfied with the
fixed by the Commission and has been compelled pay them
he can ecove of the corporation receiving them he can
establish that the demanded and received unjust
twice the amount of the overchage for the finding Of the Com
mission is only prima fdcie evidence of its
So if corporation refuses to conform its tariff to the
prescribed by the Commission may nevertheless successfully
defend against the charge of extoron if it show that the
compensation demanded and received by it is just
Section three it true protects corporation which adopts
the tariff prescribed by the Commission, from Indictment but
il does protect from civil suit based upon charge
that the compensation demanded by it is unjust
1t will thus be that the Bill fixes limit which it shall
be unlawful exceed, and lays down rule by which rail-
road company determine whether its charges just un
Just 1t safe if its charges just it subject indictment
if its charges unjust but whether such charges just or
unjust be asceraned by anything contained il the Bill
but be determined solely by the before which the ques
may be tried No corporation though honestly DESTROYS of
arranging its tariff upon fair and just basis could know
should surrender its convictions and yield absolutely and
qualfedy the tariff fixed by the Commission wrong and un
Just though that might be-
No standard precrbed by which could know whether Il
exactng just unjust compensation, making just or
unjust discrimination against persons localities corpora
tons.
may compensation which the exercise its honest
judgment considers just and Yeti should be charged with
exorton and the jury trying the should be of different
opinion it would be convicted and punished.
Again. upon precisely charge being made another and
different jury may agree with the and decide that the
compensation condemned by the first jury just and proper
Here would be two different vedcts based upon the
of facts Numerically opposed each other aud neither
furnishing any safe rule for guidance in future
So be that company would be subjected countless
prosecutions being sometimes convicted and sometimes acqu
ted according the peculiar capces preudces of urss
irving the various cases. the question whether the
compensation discrimination complained of just unjust
would remain unanswered in doubt and confusion.
Such law is harsh and oppressive beyond description and
clearly violates the spirit II not the letter of Constitution
No law be good which does not give fair warning those
be affected by of the particular intended be
damned otherwise could tell when he
committing wrong and the law would be but crue
mems feet
As in an Indictment the Constitution entities every man TO
have the of the accusation against him clearly defined
be convicted of violating statute, unless the
has clearly informed him what he may lawfully
perform These observations equally applicable section
two of the Bill
satisfied that the Bill in far attempts create
the oeDse of extoron sttey null and void and would yet
invite the bringing of vexaous SUITS which could
yield result annoyance railroad companies and dis
appointment and failure to those resonng to the remedies
tempted to he provided.
Section Al provides that if any railroad company shall vio-
late of the provisions of the act any of the rules
regulations prescribed by said Commissioner and if after due
notice of such violation being given such company shall
within thirty days thereafter make full recompense the
wrong and n done thereby any person corporation
may be directed by said COMMISSIONER such company shall incur
penalty of not less than thousand than FIVE thous
and dollars
power determine what injury has been done by the violation
referred and the which recompense therefor shall
be made to the party injured and that too without song
the company an opportunity to be heard. s7
To maintain action for the penalty prescribed it would
only be necessary to prove
l. That the corporation had violated provson Of the
act or regulation of the Commission.
g. That notice thereof had been given the company
That the Commission had fixed the of compensa-
ton to be made the injured party and the manner in which
should be made, and
That the compensation directed be made had been
made within thirty days.
These facts being established there would be escape for the
Company It could be heard whether any injury or
wrong had in fact been done any corporation By
such violation, if what compensation should be made
therefor would be absolutely concluded by the finding Of
IL