The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-02-21


lates the spirit If not the letter of our
Constitution.
No law can be good which does
not give fair warning to those to be
affected by it of the particular acts
intended to be condemned; other
wise no man could tell when he was
or was not committing a wrong, and
the law would he but a cruel snare
unto mems feet.
As in an indictment, the Constitu
ton entities every man to have the
nature OF the accusation against him
clearly defined, so no man can be
convicted Of violating statute, I'M
less the statute has clearly informed
him what acts he may not lawfully
perform. These observations are
equally applicable to section two Of
the Bill.
| am satisfied, that the Bill in so
far as it attempts to create the otlense
of extortion is utterly null and void,
and would, yet, invite the bringing
of numerous vexatious suits, which
could yield no result, save annoyance
to railroad companies and disappoint-
ment and failure to those resorting
to the remedies attempted to be pro-
vided.
Section Al provides that if any rail
road company shall violate any Of
the provisions Of the fact, or any of
the rules or regulations prescribed by
said Commissioners, and if after due
notice Of snch violation being given
to such company, it shall not within
thirty days thereafter, make full re-
compense for the wrong and injury
done thereby to any person Or corpo-
ration, as may be directed by said
Commissioners, such company shall
incur penalty of not less than one
thousand iior more than five thousand
dollars.
This section, it will be seen, con-
fers upon the Commission the power
to determine what injury has been
done by the violation referred to, and
the manner i'll which recompense
therefor shall be made to the party
injured, and that, too, without afford
ing the company an opportunity to
be heard.
To maintain an action for the pen
atty prescribed, it would only be me-
cessary to prove;
l. That the corporation had violat-
ed some provision OF the act, or some
regulation Of the Commission.
2. That notice thereof had been
given to the company.
3. That the Commission had fixed
the amount Of compensation to be
made to the injured party and the
manner in which it should be made,
and
4. That the compensation so d.
rected to be made had not been made
within thirty days.
These facts being established, there
would be no escape forthe Company.
1t could not be heard as to whether
any injury Or wrong had in fact been
done to any person or corporation,by
such violation, or if so, what compen-
sation should be made therefor. 1t
would be absolutely concluded by
the finding Of the Commission, and
could not appeal therefrom directly
or indirectly.
1t is declared by the Bill of Rights,
that "no person shall be deprived of
life, liberty or property, except by
due process of law" and by section
/, article 6, of the Constitution,
THAT the Judicial power Of the State
shall be vested in Supreme Court
and such other courts of law and
equity, as are hereinafter provided
for in this Constitutions"
The section Of the bill in question
directly violates 10th of these funda-
mental principles.
1t attempts to confer judicial pow
ers upon a tribunal unknown to the
Constitution, by empowering it to sit
in Judgment upon the question as to
the liability Of the company for a
violation of law, and to fix the dam
ages it shall pay therefor, and it i'm
poses severe penalties upon the com
pany if it shall fail to yield prompt
obedience tie its unlawful commands;
and it condemns the company with
out due process OF law by subjecting
it to the control of an unauthorized
tribunal, and denying it the privilege
Of being heard.
| ain sure that such legislation as
this would not have received your
countenance had you been apprised
Of its harsh and unconstitutional fea-
lures, and its passage emphasizes the
Importance Of what have before said
that the grave subjects of Legislation
should be treated with the utmost
caution and moderation.
This section of the bill is also un-
const tutional, because it confers up
on the commission the power TO pre-
scribe rules and regulations, for the
violation of which severe penalties
are denounced. Section !, Art. 4 of
the Constitution declares that "the
Legislative power of this State shall
be vested in the Legislature which
shall consist of Senate and House
of Representatives," The power to
make laws cannot be exercised by
any other body than the Legislature
itself. In Cooley's Constitutional
Limitations, page 139, it is said: