The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-05-07

leet to the right or duty 81 fE1
ture, IN the exercise Of is police 50.
70 adopt such reasonable laws, rules
: regulations as shall be necessary FOR th +.
i safety, and good order and well-beinr 81
e the people. ~ III. 594,
e cite also ii Peters 544--5 How. BSq
: Many other authorities might be cited.
4 In this connection beg to call atten-
e ton to q decision of our own Suprene
Court. In the case Of Gaines Y. Coates.
: 5l Miss, this language occurs:
Some Of the best authorities are al
vancing and declaring the inalienabilitv
of sovereignty by legislation, ere, b. e.
press tpOnfs
i But it may be said, "let the railroads.
fix their own rates, and if YOU don't like
them and can't pay them, travel and
transport your freight some other way.il
We can't afford to do this. II we do we
shall be left behind We can't com
pete with our neighbors in trade or pro-
| fession unless we use railroads. They
have driven out the stage coaches and
freight wagons, Just as hoTse-mills su-
perseded the mortar and pestle, the
water-mill, the horse-mill, aud as the
steam-mill is fast superseding the water
mill. And by the way, the rates of mil
lers are regulated by law, and they have
never enjOined and not even COM
planned And when the State granted
charters to railroads, cOnferring rights,
powers and bounties, there was n con-
tract-a contract that the railroads
should be a public benefit-that their
charges for travel and freight-carrying,
should be reasonable and undiscrimi-
mating II the State charters a slaughter
house 10 be erected and used in certain
locality, and 1t becomes injurious TO
health, to preserve the health of her citi-
zens, the State must cause its removal,
of any contract or pretended
vested rights. Ii the State charters
powder rmanufactory,a and it becomes dan
gerous to the lives of her citizens, sabsc-
guently settling around il, she may order
the removal or even its destruction, Such
was once the case in the State of Hi
nois, and her courts sustained her. Ii
the State charters railroad, a turnpike,
/ public bridge, or what not, and con
iers power to fix charges, and the charges
become onerous, unjust and oppressive,
{ is the States duty and she has the
light to interfere. She must protect the
lealth, lives, morals and property of her
itizens. She must prevent corporations
nd individuals from using their prop
rty to the injury of others. To do this
he must retain and exercise her police
over. She cannot permanently barter
!, or part with it. Its exercise is con-
.antly necessary to protect her citizens.
is an essential element of her sover-
ignty, and she must retain it, or lose her
wn existence. Individual rs well as
orporate rights must be subordinated
the public good. "All rights are held
inject to the police powers of the State
nd what are the police powers! They
re nothing more nor less that the pow
3 of government inherent in every SOW
eighty to the extent of its dominions.
nd whether a State passes a quar-
ltine law, or a law to punish offences,
to establish courts of justice,
requiring certain instruments to be
corded, or 10 regulate commerce tcithiR
opR limits, in every case 1t exercises
e same power, that is to say, the power
sovereignty, the power to govern men
ID things within the limits of its do
ain. ."--Chief Justice Taney. See also
Kansas 673.
The people hold the Oldest contract
th the State-a contract superior and
to all Others. To form and
aintain her government, they surren-
red certain natural rights, agreed to
bmit to restraints, and to pay taxes,
r protection. The contract is a first
N on all the powers of the State neces-
ry to this end, and is recorded in the
arts and wills Of the people.
The second constitutional objection
the Supervision bill cannot now dis
So. The Legislature never intended
authorize the commission to interfere
tn interstate commerce, though there
a difference of opinion as to what is
ter-state commerce.
| have complied with your request as
ii as / could, considering time and
portunity for investigation.
j. 2. WALKER