The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-02-20
Governors Message vttoing the Rail.
road Supervision Bill.
EXECUTIVE DEPARTMENT. !
Jackson, Miss, February 18th, 1884. /
Gentlemen Of the House of Representative:

return you herewith without my approval House Bill No
entitled IAN act to provide for the regulation of eigh
and passenger rates railroads. and for the taxation of tn
OF railroad companies in this State and for other pur
It proper in of the importance of the subject matter
OF the B and OF the serious character of objections
to- that should give detail the reasons which eonstrair
me to withhold my approval
BY section of the Bill it declsred that ANY person
corporation engaged in the business transporting
or ght On any railroad in this State who sh al
ceve for such transportation than Just compensation
or the services rendered mad than the spec
heo IN any Dill OF adng issued by such person corporation
OF who9r his or Its advantage for the advantage
meeting line of any person locality shall make any un
discrimination in transportation against any individual To-
cay or corporation shall be guilty Of extorion and every
1t shall be for the jury determine from ali the evidence
whether more than just compensation exated received
or Whether any such discrimination transportation which
may be established by the evidence against the individual
cay or corporation the be- made the ben
eht or advantage of the person corporation operating such
railroad or of any person or locality"
This the sole definition contained in the Bill
There is provision making the prescribed b, the
Commission obligatory upon either railroad companies
dealing with them. That tariff be deemed prnq face evi
denee of the justice of its provisions bur conclusive
any sense whatever If shipper satisfied With the
liked by the Commission and has been compelled paw
ne can of The corporation receiving Them if he
establish that the rates demanded and received unjust
twice the of the overcharg the finding the Com
mission is only Prima tace evidence of its
So ii corporation refuses conform its tariff rates
prescribed by the Commission it nevertheless successfully
defend against the charge of exortion if show
compensation demanded and received by it is just
Section three true protects corporation which adopts
the tariff prescribed by the Commission from Indictment but
it does protect from civil suit based uon the charge
that the compensation demanded by it is unjust.
1t will thus be that the Bill fixes limit which shall
be unlawful to exceed and lays down rule by which rail
road company determine whether its charges
Just 1t safe if its charges subject indictment
its charges UNJUST but whether such charges just
unjust be asceraned by ANYTHING contained the Bill
bu be determined solely by jury before which the ques
ton may be tried No corporation though honestly DESTROYS
arranging its tariff upon fair and Just basis could ever know
VIE her it free from Indictment unless indeed
should surrender sowGc nvicons and yield absolutely and
quafedy the tariff fixed by the Commission wrong and
just though that might be-
No standard precrbed by which could know whether
exactng just unjust compensation making just or
unjust discrimination against persons localities corpora
tons
compensation which in the of its honest
judgment considers just and if should be charged with
extoron 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 with the company and decide that the
compensation condemned by the first jury and proper
Here would be different vericts based upon the
state OF facts Numerically opposed each other and neither
furnishing any safe rule for guidance in future.
So tmght be that company would be subjected countless
prosecutions being sometimes convicted and sometimes acq
ted according the peculiar caprces of the
trying the various and at last the question whether the
pensaion discrimination complained of unjust
would remain unanswered, in doubt and confusion.
Such law is harsh and oppressive beyond description, and
clearly violates the spirit if the letter of Constitution
No law be good which does not give fair warning to those
be affected by it of the particular intended be con-
demned otherwise could tell when he was not
committing and the law would be but cruel snare
unto mems feet.
As in Indictment the Constitution entities every
be convicted Of violating statute unless the
has clearly informed him what he lawfully
perform These observations equally applicable to section
of the Bill.
am satisfied that the Bill in far as attempts
the oepse of extorton utterly null and void and would yet
invite the bringing OF numerous ous SUITS which could
yield result to railroad companies and dis
appointment and failure those esorng to the remedies at
tempted to he provided
Section Al provides that any railroad company shall vio
late of the provisions Of the any of the rules
regulations prescribed by said Commissioners and if after due
cha
within thirty days thereafter make full recomPense for the
wrong and done thereby person corporation,
may directed By said Commissioners such company shall incur
penalty of not less than thousand than five thou
and dollars.
This section will be SEEN coners upon the Commission the
determine what injury has been done by the violation
referred and the in which ecompense therefor shall
made the party injured and that without aordng
the company al opportunity to be heard
TO maintain action for the penalty prescribed it would
only be necessary to prove:
l. That the corporation had violated some provision OF tne
act or regulation of the Commission
3 That notice thereof had been given to the company
That the Commission had fixed the amount OF compensa
be made the injured party and the manner IN which
should be made, and
That the directed be made had not been
made within thirty days,
These being established there would be
Company It could not heard whether any injury or
wrong had in fact been done any
such violation if what compensation should be made
therefor It would be absolutely concluded by the finding of
the Commission and could appeal heefrom directly or IN
directly.
II is declared By the Bill of Rights that person shall be
law and by section article g. of the Constitution That
the Judicial power of the State shall be vested in supreme
Court and such other of law and equity are herein
after provided for in this Constitution.
The section the bill in question directly violates both OF
these fundamental principles.
It attempts to confer judicial powers upon tribunal I'M
known to the Constitution by empowering sit in Judgment
mon the question as the liability of the company for viola
ton of law and fix the damages it shall therefor ana
imposes severe penalties upon the company 1t shall fa to
weld prompt obedience its unlawful commands and con-
dennis the company without due process Of law by suecng
the control unauthorized tribunal and denying 1t the
privilege Of being heard.
am sule such legislation this would not have receV
ed your had you been appsed its harsh and un
uona features and its passage emphasizes the
ce Of what have before said that the grave subjects Of leg
should be treated with the utmost caution and delIDea
tions
This section of the bill is also unconstitutional because CON
rs upon the commission the power to prescribe rules ana Fg
for the violation penalties are aenounc
e Section of the Constitution declares that Ine
legislative power of this State shall be vested in the
which shall consist of Senate and House OF
The mower 10 make laws be exercised by
than the Legislature itself In CoOeys Lm
tations page 49, said lone of the settled ma1im =
constitutional Law Is that the power conferred upon the
ture to make laws be delegated BY that y
any other body or authority where the sovereign to
STATE has located the authority there must remain; ana q
the constitutional agency must the laws be MADE
Consttution itself Is changed The power to whose
- IL kiwnh