The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-05-14

- thereafter to Ok i. ..
= r I1.-' r;ohts granted in the act q incof.
.,o-ss;os, and accepted. constitute consi 4
E,seween the State of Mississippi anO Ie
Chicago, ST. Louis and New orleans MAJ
road. a.,..h,. Dowsrs and
privileges granted By the LeglslA..uIIe
the acts Of Incorporation when no. 20 -
of anv provision Of the constitu.ion - VA |
state or United States and no. .nn 49,
,:a !. ,,,o,acfed bv the tenth Section oil
~, $50 sr.t Erticle 81 the Constitution OF the
1r..;,a5 States was first announced by the
s,,rrsn,e Court Of the United States IN me
cass of Dartmouth College vs., MooowaIul
4 Wheat 500. and has been strictly aoheteu
y nv that Court, from that time 20 tns
,,.esanf Reference to the repeated otelS-
IONS Of that court sustaining this pos'''On
need not be referred to. :.
These chartered rights, however, arg ~
sill cases subject to the police power Oh tle
state. with which it is not a. liberty 70
mari and NAV be granted and With1rsNn
81 the pleasure Of the Legislature. lhese
nolice powers relate to the public PeaSe
and safety, public health, public morais
and the like.
The Chicago, ST. Louis and New Orleans
R.;iroad mon its creation, became vested
viii and entitled TO al the rights ano
nr;y;le0es granted BY the charter ana was
entitled TO All the protection under the law
and subject TO all the liabilities that an
;rdividral would have been entitled to, OF
liable for, in like condition.
4 nriyate corporation, and in one point
of view complainant is such, although
serving a great public purpose, y an asso-
ciation of individuals for lawful object
The great Object of an incorporation OF TINS
character is 10 give individuality, and per-
ne,nity To a collection or body OF men lor
the accomplishment of common end.
n will be sufficient for the purpose oil
lisposing of the present motion 10 consi9 ii
only two of the objections stated IN the Dil''
| to this act of the Legislature as vlolatNe
| of the constitution OF the United STATES
either OF which, if well taken, must dlsPose
| az the motion. I first and the one Whlch
! lies at the foundation, is that It violates,
and il in conflict with the tenth Section OF
The FIRST Article of the Constitution OF tn,
limited States, because it impairs the ooll
| cation of the contract made between the
| State OF Mississippi and the Chicago, st.
Louis and New Orleans Railroad Compa
nv. the lessor OF complainant, by which
said eorporatiOn was vested with the power
e.to make contracts and TO adopt aud estab
lish such tariff Of chaEges for the transpor
tation OF persons and property as said cor
poration might think proper, and the SAINT
20 alter and change at pleasure.
Nv the sixth section of the act oil tht
Legislature complaired of, it is provided
that call persons or corporations who shall
own or onerate a railroad in this State snail
within thirty days alter the passage OF this
act furnish the commission with its tariff
II charges for transportation Of every kind
and it shall be the duty of said commission
to revise said tariff of charges so Furnished
|. and determine whether or nOt, and In what
particular, if any, said charges are NOR
than Just compensation for the services t
be rendered, and whether or not unjust
discrimination is made in such tariff Of
charges against any person, locality or cor
poratiOn, and when said charges are cor
rected, MS approved by said commission
t the Commission shall then append Ger
tifcate Of approval to said tariff OF chargs
but in revising or establishing any ant
every tariff of charges, il shall be the duty
!, of said commission to take into considera
ton the character and nature OF the servic'
to be performed and the entire business o
such railroad, together with its earning
from the passenger and other traffic, ant
,hall SO revise such tariffs as to allow ;
8 fair and lust return in value of such rail
road, its appurtenances and equipments
; and it shall be the duty of said comm sSioI
to exercise a watchful and careful sup rvis
ION over every tariff Of charges, ana con
i tinue uch tariff Of charges from time T.
{ time as justice to the public and each
such railroad companies may require, an'
L TO increase or reduce any of said rates, &C
}, cording as experience and business opera
lions may show to be Just; and said com
d mission shall FIX accordingly for tariffs o
/ charges for those railroads failing tOfnrnisl
tariffs as above required. And II shall b
8 the duty of said railroad company or per
{ sons operating any railroad in this State L
post at each of its depots all rates, SEIZED
: ules and tariffs for the transportation o
I passengers and freights, made or approved
}. ., said Railroad Commission, with sai'
= certificate of approval, within ten day
IS after said approval, in some conspicuon
: place at such depot; and it shall be unlaw
, ,ul Tor any such person or corporation 4
{ make any rebate or reduction from sucl
d tariff in favor of any person, locality o
y corporation which shall not be made II
favor of all other persons, localities or cor
: poFatiSur by a change in such publisho'
t rates, except az may be allowed by tn
a Commission; and when any change is con
! templated to be made in the schedule o
I passenger or freight rates of any railIoa'
l oy the Commission; said Commission shall
; give the person or corporation operation
;, managing said railroad notice in writin.
t II least ten duys before such change, o
{ The time and place at which such chang
h will be considered"
, 1t is very clear that this act, il enforced
@ ~ the commission, will deprive complain
j mt of the right 10 adopt by its duly APP
: pointed officers, and establish such n tariff o
+ charges for the transportation of person
{ md property as it may think proper, anC
b the same TO alter and change at pleasure
which right is conferred upon the Chicago
] ST. Louis and New Orleans Railroad Com
: pany by its charter and 10 which the com
] plainant is entitled under the lease execu
led by said company to the complainant
e md which has been approved by the I.rg
! islature,
This right and power was granted by
: the State in the charter which was accept
ed by the Chicago, st. Louis and New
Orleans Railroad Company without any
/ conditions, restrictions or Limitation upon
J its enjoyment and exercise, and without
any reservation upon the part of the Leg
. slature thereafter to impose them.
But there was a condition imposed in
the charter of different character and
that was that the corporation should pay
to the State an Indebtedness due to it from
the Mississippi Central Railroad Compa.
ny, and for which the corporation waL
in no way liable, amounting to the sum
of $15S, 1882, which has been paid. TAX
ing the purpose of those contributing to
the establishment of this great CONNER
cial highway, and the consideration 80
paid, | can come to no other conclusion
than that this charter with this right and
power so given and accepted, constituted
contract between the State of Mississippi
and the corporation, which is protected
and is inviolative under the ienth section
OF article one, of the Constitution Of the
| United States, the great sheet-anchor Of
the rights OF corporations as we'll as indi-
| viduals, and this conclusion is strengthen
ed by the fact that the right upon the part
of the owners Of these railroads 10 charge
and receive fair and reasonable compe1-
sation for the money expended BY them
and those from whom they have purchased.
in builuing and operating them, is as
necessary as is blood to impaFting life and
motion to the human body, and without
which. neither can long exist.
am satisfied that not only the sixth sec
ton of this act, but several others, violates
this contract so secured by the constitu-
tional provision, and renders the whole act
void as far as it relates to the exercise OF
any power or control by the commission
created by it over the Chicago, st. Louis
and New Orleans Railroad so possessed
and operated by complainant. . +
With this conclusion thus reached. / /
might dismiss the subject without further
comment, but it has been pressed with |
great force on the one side, and with equal
earnestness and ability resisted on the
other. that this act Of the I.eciaInt,,re I. y.