The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-17

court such other courts OF
after provided for in this Constitution"
The section Of the bill in question directly violates both of
these fundamental principles.
IL attempts to conier judicial powers upon tribunal un
known to the Constitution by empowering sit judgment
upon the question the liability Of the company for viola
ton of law and fix the damages it shall pay therefor
imposes penalties upon the company if it shall fail to
yield prompt obedience TO its unlawful commands and it
dennis the company without due process of law by subecng
the control of unauthorized tribunal and DENYING the
privilege of being heard
that such legislation this would not have recey
your countenauce had been appraised Of its harsh
constitutional features and its passage emphasizes the impor
of what have before said that the grave subjects of leg
aton should be treated with the utmost caution and moder
tion.
This section of the bill also unconstitutional because il CON
rs upon the commission the power to prescribe rules reg
uaons for the violation ofwhch penalties dcnounc
ed Section Art of the Constitution declares that ''the
legislative power Of this State shall be vested the Legislature
which shall consist Of Senate and House of Representatives
The power make laws be exercised by any other body
than the Legislature itself In Cooleys Constitutional Limi
tations page 1885, il said Zone of the settled maxm in
constitutional law is that the conferred upon the Legsa
to make laws be delegated by that department to
other body authority where the sovereign power of the
State has located the authority there it remain and by
the constitutional agency alone must be made until the Const
tuition itself changed The power 10 whose Judgment wis
dom and patriotism this high peogave has been nrusted can
not relieve itself of responsibility by choosing other agencies
upon which the power shall be devoved nor can il substitute
the judgment wisdom and patriotism of another body those
to which alone the people have ce confde this sovereign
trust"
The enactment of penal laws of the gayest powers
which Legislature is required exercise should al
ways be executed with exceeding That such power
should be delegated to another body by this section of the
bill attempted enabling to create and additional offences
is not only in plain violation of the Constitution but is we'll
calculated the mind every thoughtful cizen tho
graves apprehension and alarm. glad to say that such
legislation without precedent in the history of Mississippi
Sections 80 and 30 empower the Commission and Auditor to
assess for taxation oil the property Of all the railroads in this
State, and further empowers the Auditor in certain conn-
gences to enforce the payment of the BY
making saeo all OF said property and the anche the
road.
The Supreme Court of this State has declared that under our
Constitution the hers of the several counties vesed with
the sole power collect and that this power cannot b
taken from them and conferred upon other persons
Inasmuch the is also constitutional officer tho
process of reasoning would lead conclusion that the
of the several counties with the solo nowor
to property for taxation and that this power cannot bc
conferred upon other persons The precise point announced
in Borroughs Taxation having been repeatedly decided
in other States having similar constitutional provisions
II beyond question: therefore, that the sections cited are
unconstitutional and void.
BY section 40 of the bill the chapter the Code of 1880
ulating railroad taxation, is repealed e
The effort by this bill to tax by different method being I'M
constitutional and therefore incapable enforcement and NJ
the time that in existence being DESTROYED Il MICH
be serious question If this bill should become law wbebar
railroads would be subject TO taxation at ALL 1t might be that
they would be left in such taxed as other
fo would necessarily be Intellectually one but on the other
hand might be claimed with great force that the general law
to the assessment OF property intended appy to
railroads. because special laws have always existed az TO them
and that the repeal OF these special laws would have the eff
feet of subjeclng them to the general law
If this result should follow the State would lose no less than
S5O0OO during the next two years. the serious
ment of the operations of the government
1t will be that my objection this bill extends to ts nm
constitutional features and it is fortunate for the cause of rail
road supervision that these have been discovered thus early
while there yet time for their elimination and the passage Of
another BILL We pledged to the supervision of cornora
ton of every description within constitutional limits the in.
and for the protection Of the people, and the time has
when this pledge to be redeemed But impress upon
you that legislation this subject should be fair equitable
else it will receive the instant condemnation Of the peone of
Mississippi Our people just and intelligent They are
dewake and in full accord with the progressive spirit which
has caused such marvellous reuvnaon Of country that It
known to day the New South They heartily favor the
building of railroads and the full development of our material
They cordially invite the investment of capita
among under the guaranty Of ample illegal constitutional
protection This is practical business question which the
people will expect you solve in practical business wov
without throwing unnecessary vexaous restrictions around
railroads and their management at all reardng the building
of these great modern highways The attempt TO control the
property ofan0her by stranger where the exists
naturally excites CONSERVATION and alarm Let see TO II
that the pearl chain OF moderation shall through all our
legislation this delicate subject that uneasnes or any
iety shall be felt by the in New York who has invested ali
his capital railroads in Mississippi Let us understand that
the people Of Mississippi only desire fair and reasonable hI
which will be satisfactory to the public and just the railroads
and that they would ousrp him in the condemnation of Hill
Of any other character
In conclusion it proper for say that cannot an
prove the mode of selecting Commissioners for which this b
provides. 1t departure without cause far as can sec
and certainly without gain from the three legal CUSTOMARY
modes which have heretofore obtained among viz EIeco
By the people, election by the Legislature in Joint assemble
and appointment by the Governor BY and with the advice d
consent Of the Senate. Very Respectfully
ROBERT LOWRY, Coyernor