The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-03-26

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The opinion of Judge Baxter on this
question, now exalted into an authority
by anti-supervisionists-is obnoxious
to some objections that even a plain
Iayman can readily discern. We do
not hesitate to say that much of it trans
cends the calm dignity of judicial
language. 1t has, in spots, the flavor
and ford character of a stump speech,
or an employed counsel's argument be-
fore an average jury Here is a speci-
men:
'In word, the Commission, under the
terms of the act, hold, in so far as the rail-
road corporations are concerned, the issue
of life and death in the hollow of their
| hands. They speak to the owners of $780,
| 000 900 of railroad property; and although
| they may speak in the most deferential
language, the companies, to whom their
gentle admonitions are to be addressed
| thoroughly understand and Justly appre-
ciate the unlimited authority with which
| they are clothed by the act, the uncertain
| ties ahead, the dangers with which they
are environed, and the ruinous litigation
to which they will be exposed, il they will,
| therefore, with lively sense of their utter
helplessness, cravenly submit to the will OF
| the Commission, although such submission
may remotely involve the company in
| hopeless insolvency Like apprehension
would continue them the ready and
| flexible tools of the power placed over
them, and the expressed wishes of the
Commission would, i'll every instance,
be accepted and acted upon as if it was a
positive command. No prescience is re-
quisite to forecast the consequences. The
Commission would become the practical
managers of all our railroads. They are
to be elected every two years by a popular
vote. In the absence of some radical
change of party methods, the Commission,
to be elected from time to time, would rep
resent and execute the policy of the domi-
nant party, and unconsciously or inten-
tionally manipulate this great interest for
the benefit of the political organization to
which they belong. Railroad property, on
the successful, judicious and just manage
ment of which the future growth and
prosperity of the State so essentially de-
pend, would become the prey OF the spoils-
men, and an irresponsible oligarchy, far
more dangerous to political morals and
the business interests of Tennessee than
any possible railroad combination would
be firmly established in our midst.
Now we submit, that in grave Con-
stitutional inquiry and exposition the
political or partisan relation or possible
effect of law, is outside the province
of the bench. Such terms as "ready and
flexible tools, "the prey of the spoils
men," and irresponsible oligarchy,"
used in that connection, do not indicate
a calm judicial temper, but rather the
ardor and address of an advocate. The
question was not the probable political
or industrial influence of supervision,
but its constitutional integrity. Whether
wise or unwise as measure of political
economy, was not the issue before the
court, and Judge Bakers views on that
question are of no more weight than
those of any other thoughtful, observant
man. His business was to expound law,
not to discuss politics, or the elements
and forces of Industrial prosperity. Such |
depression andli of argument disclose
a spirit and purpose that discount the
Judges opinion as an Interpretation of
law.
When combining himself to the Con-
stitutional question he makes declara-
tons that involve him in confusion, if |
not contradiction. He admits the right /
and propriety of legislation Ito compel
railroad companies to perform all their
undertakings in favor of the public, and
to prevent or punish all derelictions of
duty" That surrenders the question of
legislative right to control, and admits
the constitutiona1ity If supervision.
This is admitted, but he denies the
right of supervision by spec
ial Commission. He says: 1.-THE
Legislature can enact laws within con-
stitutional limits for the regulation of
railroads and railroad operations, but it
cannot lawfully authorize Commission,
by direct and indirect legislation to ac-
that end, or necessarily involv-
ing that result, to take control of their :
business and operations. Such legisla-
tion would be an unauthorized and un-
constitutional invasion of private rights.
So, then, the difficulty is not in the
matter of supervision, but in Commits
sion of excessive powers Commission
that twill take control of their business
and operations The taking control
was rather fear than fact-prophecy
instead of history. Whether or not the
Judge is false prophet, the Commits
sion has no means of determining, for
they have been restrained from discharg-
ing their duties from the time of their
No such extraordinary /
powers have been conferred on the Com
mission in this State, nor have the most ,
ardent supervisionlsts ever thought Of
taking control Of any railroad. To
80 charge Is worthy Of the hustings, but i
odious and ill-timed from a dignifed j
court Of law. f
We only ask that the Commission il | !
this State have fair chance to carry
out the provisions of the recently enacted !.
law to justify It's wisdom, remove COM
plants and restore harmony between | /
the railroads and the people. Precipi-
tate legislation. Or hostility to that which
s conservative, must perpetnate discord.
Let the corporations 50 what the excel
of the Law viii b before rush for he /