New-York tribune., 1884-03-02
RAILWAY INTERESTS.
IMPORTANT JUDICIAL DECISION.
TIE TENNESSEE COMMISSION LAW PRONOUNCED |
UNCONSTITUTIONAL.

UNCONSTITUTIONAL.
NASHVILLE March 1.-The United States
Circuit Court this afternoon. Judges Baxter Key ana
Hammond sitting has announced its unanimous opinion
IN the case of the Louisville and Nashville Railroad Coh
pany against the Tennessee Railroad Commission The
cause deliberately argued six weeks ago and her
under adysement until yesterday. The application was to
cnon the Commissioners from attempting to regulate the
freight and passenger rates upon the companants road
which II was attempting do under the recent act The
railroad company asserted that the law In violation
OF several clauses OF the state and Federal Constitutions
The court susains that vlew holding the law ia IN at
tempt to regulate Interstate commerce. matter alto
gethcr within the control OF Congress. The opinion on
ths branchIwas delivered by Judge Hammond Judge
Baxter delivered the opinion uron the other branches OF
case and held that the law violates the state COnst
tuition Oilows ~ The third and thirteenth sections
OF the act prescribe scyerer punishment against the
corporation owner Ofa railroad than individual OF
partnership owner and violate the XIVth Amendment
TO the Constitution OF the United states w tne act
directed against the railroads alone while all 0ther com
carriers not brought within the provisions OF ts
terms; 90 II further discrminaes against c9rpoiao%hs %
by providing that whenever they fall to conform 10 the
rates fixed by the Commission they are to he hed pIma
face guilty OF extorton while an Individual owner IS 10
be presumed innocent OF the same offence; ana ll Ie
act Is too indefinite, it leaves the matter OF PROOF eN
toron entirely to the whm Of the jury. without any
fixed law for guidance and it further requires the Jury 10
decide the questions upon an unnatural ana cshi pS
The question OF the vested rights OF the railroad COM
pany TO charge maximum rate under It's cnartcr was
afEUcu DfOIe lIe court Dul u6NioiVu N'N
that point
THE NEW TEHUANTEPEC RAILWAY.
WASHINGTON, March 1.-The bill introduced
by Senator Vest to-day ito incorporate the mter0ceano
Ship Railway Company and fof other purposes set forth
in It's preamble that the Government of Mexico has
granted to James B. Eads OF St. Louis, TO such com
pany he may organize, certain powers rights and pry
leges in the matter OF the construction and operation OF
ship railway across the Ishmus of Tehuanepec with an
accessory railway lines Of telegraph, water approaches,
etc. and that the said lads and his associates have III ac
cordance with the terms concession, actually be-
gun the construction Of the works, which fact has
been officially recognized and announced by the Govern
ment of Mexico. The cOmpany's capital stock Is limited
TO $50 600 The Government Is TO guarantee for fir
teen years Of per cent semannually upon the
par value OF the bonds Of the company provided that tho
guarantee shall not take effect until he praccabiiity OF
the railway shall be demonstrated by the safe aud prompt
TRANSFORMATION over It OF loaded vessel
The specitcatlons regarding the transportation of
loaded vessel that she shalt not weigh less thn ooOo
tons and shall transported IN the presence oT COM
mission appointed by the President at an average speed
Of no; less than six miles ali hour from one terminus 10
the other.
railroad accounts OF the books and accounts Of te COM
pany and the repayment within fifteen years or hl
moneys advanced by the Government in accordance with
it, guarantee Government vessels. mails troops ana
officials are transported free. Vessels belonging 10
citizens OF the United States to be transported for p
per cent of the Regular tolls upon vessels belonging 10 e
citizens of any other cDutry except Mexico IT. aiter
years, tho earnings exceed per cni on t5 ca-
tai sock, company pledges itself TO reduce the rates
so earning, shall not exceed per cent Of the
DaT value VI its capital StDCh.