The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-20
MISSISSIPPI LEGISLATURE.
HoUsE-THIRTY.sIxTH DAY.
NIGHT SESSION.


House bill No 175-To provide for the
regulation of freight and passenger rates
on railroads, and for the taxation of the
property Of the railroad companies in this
State and for other purposes.
On motion of Mr.. Baker the House 70.
considered the vote passing the bill.
Mr.. Baker then moved that the bill pass,
the Governors veto to the contrary not
withstanding.
Mr.. Watson Of Marshall, stated that he
had read and re-read the veto message, and
being unable to concur in its conclusions
he proceeded TO answer them in detail
Our notes of the first part of his speech
have been misplaced, and we are unable to
recall them. He cited good many author
tiles in the support Of his several positions,
and especially recent decision of the
Supreme Court Of Georgia as to the
delegation of certain powers to cor
porations, and he held that if the Legisla-
ture cannot delegate to a commission the
power to regulate tariffs, and then provide
penalties for the disregard thereof, away
goes the idea of supervision is a delu-
sion, nullity and a snare. 1t ia not prac-
ticable for Legislatures, meeting only at
long intervals, to fix rates, and hence this
power should be delegated to a commits
sion, which is in perpetual session.
He quoted from Judge Black, who held
that IL is cardinal error that railroads are
the exclusive property of the companies
that operate them. They are public Iii IN
ways, and are to be held subordinate to the
paramount interest of the public The
railroads have simply franchise, and all
have right to their use so long "a they
pay the proper tax. This tax must be
reasonable, just, uniform, and may be pre-
scribed by public authority. The railroads
being public carriers. it is absurd to say
that the State has no power to regulate
their charges. These are the principles of
the common law as applied to public car
riers.
The fairness, justice and equity of this
bill is beyond all question. 1t simply de-
clares that the railroads shall be restrained
from doing that which is unjust.
He then considered the objections to tho
mode of assessing and collecting the rail-
road tax Since the organization Of the
State Government others than the assessor
and sheriff have been charged, to some ex-
tent, with the assessment and collection of
taxes. All the provisions of the bill, on that
subject, were those of the Code of 1880,
except so far as modified in favor of the
railroads. These provisions received the
approval of the Chief Justice, who pre-
pared the Code, the Judiciary Committee
OF the Senate, of which the able Senator
from Monroe was Chairman, and of the
House Judiciary Committee, of which
Judge Featherston was Chairman. The
Revenue Law, in the Code, provides for
the collection of railroad and certain other
taxes by the State Treasurer, without the
Intervention of the assessor or sheriff. The
Legislature that framed the present reve-
nue. law, and the distinguished gentlemen
referred to, who approved it, had not made
the discovery that this mode of assessing
the tax was unconstitutional, and it would
not have been discovered now but for the as
tuttnsssof some of the outside friends of
the great monied power-a power that is
dangerous to the liberties of the peoples;
and he warned the people of the state, and
of the United States, that unless this power
is restrained, our liberties are gone now
and forever. (Applause)
He also cited the Act of 1882, creating
Boards of Equalizers, which had the power
to increase, reduce, or practically set aside
valuations as made by assessors.
After careful examination of the bill,
he could see nothing unconstitutional in it.
and after speaking for an hour and a half,
announced that he was prepared TO again
cast his vote for its passage.
| At 8 o'clock, Mr.. Miller of Warren. took
the floor, and proceeded to reply to Mr.
| Watson.
| Mr. MILAN etntaI tLnA l..
scarcely any consideration to the bill ano
was not prepared to do justice either to
himself or the message; that he was led to
believe from the statements and intima-
tons thrown out by the leaders on the
other side on Saturday, when the message
was received, that a new bill would be
brought forward and no serious effort
would be made to override the Governors
veto, but since there seemed to be a change
in the programme, he, for one, was de-
termined not to let the question 90 by de-
fault.
He admitted that tho current of the
later authorities supported the general pro.
position that owing TO the public charac-
ter of this undertaking, railroads were
subject to legislative supervision. He
would admit as an abstract proposition
that under the Constitution of Mississippi.
having no special provision like that in the
Constitution of Georgia upon the subject.
supervision of some kind might be had
but not this bill That it seemed like an
act of presumption to attempt to add any
force to the clear, logical and convincing
reasons assigned in the message why the
bill should not become law. Bat that he
would so further than the Governor in
his statement of reasons against the
bill. And before replying TO the constitu-
tional law arguments advanced by the dis
tlnguished gentleman from Marshall, he
would beg toloall attention to some features
of the bill which he thought would condemn
the whole measure in the estimation of the
just and enlightened people of the State.
In the first place, ii is well known that in
order to induce foreign capitalists, whose
means we're away beyond our reach, to
come here and engage in the great enter
prises calculated to place Mississippi in
the line of progress, every sort of invita-
ton was held out; protection was promised.
and charters were granted, and laws passed
to exempt capital so invested from all taxa
ton for limited period. Upon the faith
of these promises millions OF dollars have
come into the State; yet it is sought by
this bill to break faith with these people. |
and before they can earn dollar sweep
down upon them for tax contributions. |
Whila fha xoxar IN ranaai axar, n4iO,,s -. !