The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-20

himself line Of conduct similar TO what
the State is made TO assume, by this bill,
it would be ground for his expulsion from
the society of honorable men.
Again, look at the method Of taxation
provided. One would assume that the State
looks upon these great and useful enter
prises as enemies of the people, TO be ex-
posed to spoliation and wrong. The meas
ure provides an extraordinary proceeding
for an assessment of railroad property.
The commissioners make the valuation and
that is made conclusive. However unjust
ly, enormously or ignorantly the estimate
of railway values may be made, the
companies are forced to submit. No
appeal is allowed. In the case of
private individuals, entitled to no great
er measure Of justice, every safeguard
to prevent abuse is furnished: LIST, the
assessor. I'd. The board of supervisors
with 80 days notice; and lastly, an appeal to
the circuit court. 1t would seem that this
feature of the bill, even assuming that fair
minded and honorable men would always
constitute the commission, should lead
every member, on account of the liability to
abuse and injustice, to vote to sustain the
Governors considerable and enlightened
veto.
Recurring to the argument made that
even if the bill was unconstitutional, the
railroads could find an ample and prompt
remedy in the chancery courts to protect
them against the multitude of vexatious
suits, the speaker said that while that
might be true, still the risk was alarming
to contemplate because of the savage pen
alties inflicted, and I'd. Equity could not
restraint had no jurisdiction to inter
| fere with-thc thousand and one criminal
prosecutions that would be commenced,
the minute the commissioners should as
sumo to fix a tariff, in the various courts
and before the justices of The peace.
Again, the idea of calling upon this House
to speculate with the courts on the results
ures, would strike the mind as enormous to
the last degree.
1t has been said that the first section of
the bill condemned by the Governor is
merely declaratory of the common law.
''Strike it out, hold it well and the common
law covers the same ground" 1t is suffi-
cient to say in reply to that argument that
the common law, the proposition of reason,
the codihcation of common sense, never
inflicted primitive damages upon a com
mon carrier for a breach of his duty in the
absence of fraud, notice or oppression.
Assuming that the first section does not
run afoul of any constitutional provision,
still it should never be enacted into law,
because even in case of an honest mistake
of Judgment, if a jury should uphold the
commissions finding touching just com
pensation, the railroad would be swamped
in damages in civil suits, and be condemn
ed on criminal prosecutions, like the worst
criminals, for extortion. Surely the peo-
pie of Mississippi cannot desire anything
so hateful as this.
Mr.. Miller said further that while ne
would like to know whether the quoted
opinions of Judge Black we're delivered in
the capacity of Judge or in the capacity of
candidate for the Presidential nomination
by the anti-monopolists, they were inmate
rial and shed no light upon the PROPOSE
tons stated in the message.
| Again, the last speaker had assumed an
untenable ground when he stated that the
Legislature had the same power to delegate
| legislative power to commission that it
nav w outhbliHo OlbiSo anu bONHS W ucCldTb
and punish Offences In the text books
upon the subject of the delegation of legis-
lative power it would be found that cities
and towns were the recognized long stand
ing exception to the rule, and besides they
were never allowed to do more than declare
offences against themselves-never against
| the State. Yet these commissioners could
| adopt series of rules and regulations, and
whether right or wrong the corporations
must submit or be fined from $1,000 to
$4,000. 1t was pleasing feature of this
hostile measure, relieving against much of
it's deformity, that limit was fixed upon
the savage Judiciary. 1t seemed folly to
attempt to strengthen the Governors argu-
ments upon this point.
In reply to the statement that our Su-
preme Court had during the Ames admin
istration, only under stress OF difficulties
and for reasons Of financial policy, held
that the Legislature could not make other
than the sheriff tax collector. Mr.. Miller
said there was scarcely decision to be
found better supported by reason and au-
thority, and he thought the doctrine had
never been questioned, before tonight. in
Mississippi since The fact that the law of
1880 allowed the Auditor to make certain
collections, did not detract from the weight
of that authority.
1t was undoubtedly true that if the
opinion of the Governor should be sus-
tanned by the Courts, the revenues of the
State, already largely diminished by the
process of local prohibition laws, would be
minus the railroad taxes in those cases
where the exemptions have expired Re-
cause, while so much of this act as is I'M
constitutional would fail so much of it as
by independent provision repealed, any
existing law would stand.
In conclusion, Mr.. Miller said his own i'm
mediate constituents could not appreciate |
the causes of irritation, perhaps the result |
in turn, of want of information felt by |
people along the eastern side of the State |
and along the line of railways,fo Vicksburg
had at hand for its commerce the greatest |
railroad regulator on earth-the tMissis-
sippi river. Still he sympathized with the |
people who thought they were being
wronged. He appealed to them, however,
to attempt nothing harsh or rigorous at
the outset-as tentative measure. Begin |
with an Advisory Board which the people |
of Massachusetts have found so satisfac-
tory, and if il be found after awhile that
grevious and outrageous injustice is being
done, then think about something more
stringent. For his own part he thought it
unwise 70 interfere with the railroads at