The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-05-22
Pacific r. r. Co., 8 Am. and Eng. Il. r. cases,


eases must be these the regulations must ha We
| reference to the comfort, safety, or welfare Of
society; they must not be in conflict with any of
| tne PROVISIONS OF the charter and they must
not under the pretence of regulation, take from
| the corporation any of the essential fights and
av st %c o tne cnarter eoniers In short
amendments of the charter in curtailment OF
the corporate franchise"
| III Is evident from an examination OF the act
that 1t results In eurtailment of the chartered
| privileges Of the Mobile and Ohio Railroad Com.
pany and Is in no sense the legitimate exercise
| OF the police powers of the Sta to-.
We insist. as second proposition, that this
act is absolutely void for the want OF suficient
certainty to enforce II; or 4 enforced according
multiplicity OF suits, confusion and conflict OF
verd tets In the different counties that it ia thS
duty Of the Court to declare it imperative and
>. Now, upon an examination of the act we find
that section 20 enacts THAT Il any railroad
any railroad In this State, shall violate any ~
the provisions Of this act or the tariff Of charges
| as fixed 6y such commission, such person or
hundred dollars for each violation not other
wise provided for; and such penalty may be re-
c3yered by an action to be brought in the name
| of the State of Mississippi In any county where
| DONE" ~
Section 10 enacts "That the determination NJ
every matter by the com mission relating to the
| regulation or supervision of any railroad in this
State, shall be received In all the courts OF this
sate or before before sny Officers thereof all civil
| mination was right and proper"
How Is this prima facie case established
against the railroad by the commissionf We
| find IN section that 1t Is made the absolute and
imperative duty of the commission to revise
ana TX the tarin Of every railroad on every
KIND or freight IN this State, and In revising and
| hiking such rates the commission Is to take into
| consideration the entire business of such rail-
road, together with its earnings from the pas
senger and other traffic and shall so revise such
tariffs as to allow fair and Just return on the
vaaMc OF such railroad, Its appurtenances and
Ofcourse til e conf mission win proceed to per
! form the Imperative. duties required of It BY the
terms the act, and Will revise and III the rate
u The lSe e MS 10 ne ana 0h1o railroad
| plete and accurate knowledge of everything con-
nected with the road, determine that the rate
| fixed by the commission will not produce a fair.
| and just return on the value of the railroad lis
appurtenances and equipments; it will there
fore decline to adopt the rate Of charges fixed
made the duty of tho commission to bring suit
against this company in the name of the State
IN every county In which the rates fixed by the
Commission are not complied with from Wayne
TO Alcorn: IN order to recover the penalty Of I'VE
hundred dollars for each violation.
L., NOW, the question to be determined by a jury
| IN each county Isl Whether or not the rate fixed
| py Ihe commission will yield fair and Just re-
turn upon the value of the road, its equipments
ana appurtenances?
Does this act fix any rule or establish any
| standard of valuation OF the road. its equip
ments and appurtenances? We look In vain for
| any such provision The act fails to designate
| or even indicate what facts are to be received
and considered by the jury in arriving at sr in
ascertanng the valuation of the road, its equip
| mentS and appurtenances.
jury in one county may receive and consider
statement OF facts in attempting to solve this
complicated problem, while a jury in another
county may receive and consider ali entirely dif-
ferent statement OF facts In its efforts to solve
the same problem and reach a like conclusion.
IT ft even to careless and H.
| a conflict OF yerdicts, not only in the separate
counties, but verdicts differing in one county
about the same matter.
Again. does the act fix or indicate what is a
ialr and Just return on the value of the property,
us e4ulpmsnts and aPpurtenanees. after the
possible)? We think not. the am cunt will vary
just in proportion to the number of cases tried
One Jury may allow per cent, another per
The whole matter Is left to the unrestrained
scr ition OF the jury In each case. and the jure3
| are len TO wander Into the region OF conjecture
and speculation without any legal rule to guide
them in their deliberations.
We urge another objection to this act.
Inc commission Is required to consider the
| entire business OF the railroad, together with
| Its earnings from the passenger and other
traillc, etc, SO that it may follow rate fixed by
the commission to-day on that basis which
might produce fair and inst return on the
value of the road. ETC., but the same rate the
business of tomorrow and for every day for a
| week or more thereafter might show a loss.
The business OF railroad huctuates the same
| as other business; in fact, the business of rail-
road sustaines the same relation to the business
of the country as the thermometer does to the
enperature, indicating with exactness and ac-
curacy the condition of business generally. II
busne IS Is dnll through east Msss sippi today
| the business on the Mobile and Ohio Railroad
viii be dull either to-day or tomorrow. This
follows as inevitably as darkness follows light.
1t therefore follows that charge or rate rea-
sonable In itself and honestly made might be
rendered extortionate and hence quasi criminal,
by reduction of expenses or an unexpected in
crease OF business. or charge honestly made
on the supposition that or per cent. would be
| falr and just return, might subject the core
pany to TIE penalty provided for IN the act by
the verdict of jury subsequently rendered.
quent to the alleged violation of the law.
Is this the system Of laws fostered by our
State and the great Republic which we p. aise SO
movuently, and parade before the world with so
much patriotic pride?
Is this the system Of laws Tor which we an
through the Union and our state government
the constitution OF each guaranteeing the pro-
lection of life liberty and property: declari
that neither shall be taken without due cour o
| OF law?
This system Of laws that authorizes a jury VI
Chickasaw County to say by its verdict that the
| Mobile and Ohio Railroad, which produces 4psr
cent, is crime, and at the same time authoriz-
charges which yield per cent. Is in strict ac.
| cordance with the provisions OF che same law.
This is the plain, unequivocal effect OF the act:
| Inc COMMISSION Has bii6 dDSOlulc power 10 Tx
the rate Of charges to be observed by ever rail
road In this State, which amounts TO displace-
ment of every railroad that crosses the borders
of this State.
The power to adjust the rates of a road so as
to derive sufficient revenue to maintain track
rolling stosk, repairs, and pay all current ex-
penses and meet the fixed charges, comprehends
the entire management OF railroad. The
managing Of the men, trains, track, and dealing
with the public are burdens and respon sibililies
fixing rates so as to have sufficient revenue for
| the above purposes.
Is your Honor ready to sanction the validityof
n law which dispOsseSses person or citizen of
his property and transfers its possession to an
other against his will and consent and without
any com uensation therefor. This is exactly
what the learned counsel OF the commission asks
your Honor to do when he asks you to sustain
the validity OF this act
We will now test the 9th section Of the act by
Judge Bakers opinion upon the 9th section of
the Tennessee act, which, on comparison, is
found to be almost identical In all their pro-
THAT no rates or charges for servicce in the
transportation of freight over any railroad shall
under any proceeding under this act, II it ap-
pears from the evidence that the net earnings
from its passenger and other traffic would not
amount TO more than a fair and just return on
the value Of which such railroads with Its ap-
purtenances and equipments is to be assessed
1t will be observed that the Tennessee act did
fix uniform value. I. o. the taxable value OF
the railroad. In interpreting this section Judge
Baxter says: This dehnltlon Is somewhat oh
scure. But however interpreted 1t does not OBJ
viate the objection made or mitigate fits force,
but intensHes pre-eXistng doubts. The value
is to be the amount at which the road its an.
purtcnances and equipments are TO be assessed
for taxation. But what assessment Is to govern?
The one made before or after the alleged over
charge or prohibited discrimination? The Ian.
guage Of the act is to be assessed"
"But we will not tarry here. Suppose the value
is satisfactorily ascertain ed, how and upon what
basis are the net earnings to be computed? Is
the estimate to be based on past receipts, cur.
rent income or anticipated earnings?"
rs the accused corporation to be held to an
ticipate its future operations ,foresee the amount
Of its receipts and expenditures and accurately
fOreknow its future profits and losses, so as to
be able to strike balance in advance OF actual
results in order to make its charges conform to
the requirements of the statute? III so, how far
In the future must their f0reknOwledge extendY
These are some Of the many difficulties with
which railroad companies are to be embarrassed
and against which the act requires them to
provide"
but we will suppose these to have been sue
cessfully surmounted, and another and more OBJ
jectionable problem remains. These corpora
tl0n are. In addition to their expenses. allowed
to charge at a rate that will insu re a fair and
Just return on the value of their property But
what is a fair and just return? This vital ques-
tion is by the act left to the unqualified and un-