The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-03-27
Did Gov. Lowry Veto His Veto.

been better for the State, and better for
the railroads, and nearer a response to
the plea of the progressive element of
our population, for the Governor to have
returned the second bill MS he did the
first to the Legislature without his ap>
proval, thus enabling both the State and
tho roads to avoid expensive litigation
that in our opinion cannot result in the
maintenance of the constitutiOnslity of
the bill, the Governor is entitled to be
guaged and judged by his own asser-
tons in reference to this question OF
supervision, when he is arraigned for
inconsistency. Remember that in his
veto message he announced himself in
favor OF Railroad Supervision "within
constitutional limits" and so far fore>
Swallowed his future action as to say:
cit will he seen that my objection to
this bill extends to its uncons titutional
features, and it is fortunate for the cause
of railroad supervision that these have
been discovered thus early WHILE THERE
Is YET lime FOR THEIR ELIMINATION AND
TIE PASSAGE OF ANOTHER BILL"
According to our ideas and our inter.
probation of the decision Of the .. S.
Supreme Court in the Illinois and Iowa
cases, and in visw of the recent deci sion
OF Judge Baxter, in the Tennessee case,
Railroad Supervision as understood and
interpreted by its advocates in this State,
is unconstitutional; but Gov. Lowry,
holds other views, and while not falling
in with the section of sentiment that ap-
plauded and endorsed the incendiary
and communistic enactment that the
Hoase sent him, and while differing
largely from those of us who condemn
Legislative Supervision OF railroads
"and all that the term implies, The holds
middle ground views that have many
adherants in the State.
The first bill submitted TO him con-
tanned no provision that the tariff pre-
pared by the Com missioners should be
obligatory on either the railroads or the
shippers; and the railroad was subject
to suit for damages even though it
should in good faith cept the tariff Of
the commission, in case a jury should
beside that such tariff called for higher
rates than the said jury deemed JUST and
reasonable compensation.
The Senate Bill which be approved
makes the tariff fixed by theCommission
conclusive against it's authors aud the
shippers, yet provides that if railroad
refuses to accept it. and 10 ppooooubed,
it shall be competent in it's defence to
show that the tariff in question provided
less than fair and reasonable compensa>
ton. In other words, the tariff fixed by
the Commission is conclusive, in favor
of the railroads, but only prima Jfacia
against them.
Again-The House Bill provided that
il railroad did not pay to the party in
jnred by its violation OF any provision
Of the act or regulation Of the Commits
sion, the amount of recompenss pres
scribed, on an &c parts hearing, it should
incur penalty to any amount not in
excess Of five thousand dollars. This
ridiculousy harsh and unconstitutional
provision died with the veto of February
10Th, .snd Was not resurrected by the
new bill.
The House Bill provided on unjust
and in our opinion iniquitous scheme Of
railroad taxation, and by implication re-
pealed all exemptions heretofore granted
them. The bill approved by the Gov
ernor did not contain these oppressive
features.
Tie Home Bill which exhibited in
every line spirit OF oppression and vim,
dictiveness towards the railroads, which
was born rather OF lack sof information
and thought than oflack ofheart, provided
for the embodiment Of this spirit in the
method of selecting the instruments for
carrying out the so>calle1 law. In othN
er words, the men who recklessly mould
cd the letters, assumed the right to Sc
lect congenial bailiffs to affix them TO
the limbs Of their victims. This pro-
vision the Governor in his veto message
condemned, and the Senate bill which
he approved provided for tho appoints
ment of Commissioners by the Governor
In the same manner as judicial officers
are appointed, thus enabling q conser-
yatiye Executive to select conservative
men to administer questionable Law in
such manner az to neutrsliEe its mis-
chievous features and as nearly harmon
lie all interests as possible.
The House bill actually forbade the
selling Of tickets at reduced rates for
pleasure excursions or to ministers. The
bill that was approved authorizes the
transporting of freight aud passengers
free or at reduced rates on all possible
occasions, except to enable bloody
minded people to attend hanging in
some other town.
In short, while we condemn the bill in
almost every section, aud shall endeavor
to show 10 future issue that it is full
Of holes big enough to- drive an old
fashioned stage coach through, We can,
not see that the Governor was iuconsist-
emit in approving it. After carefully
reading the House Bill, the veto mes
sage, and then the Senate Bill. we are
forced to fine conclusion that Governor
Lowry sas not "vetoed bis veto;" but
we get up from the reading regretting
TINT he did not take the wind out OF the
sails Of the courts by continuing the veto
process to the end of the chapter.
EHowrver, there is nothing harmful in
the bill to the railroads except impudent