The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-02-27

detail"
For example, he says that the first sec
ton of the bill contains its ''sole detini- |
milton of extortion." As the offense OF
extortion vas already very well defined,
and has been for some few centuries past,
it is respectfully suggested that no fur
Their general definition was needed than
merely to state, as the first section does,
that any person or corporation whose
charges of railroad transportation shall
exceed the established rates shall be
guilty of extortiOu." And these estab-
lished rates are to be taken as only
prina tacie Just and, not conclusive upon
either person or corporation; 1t Is sub
mitted that "sole definition" is amply
sufficient for the understanding and
appreciation of even the most aTtless
and unlearned understanding. The cor
poration or person can always defend
itself against legal proceedings, civil or
criminal, in respect to its charges, by
showing that its charges are lust, an6
can be convicted only upon proof that
its charges are unjust. In other words;
the principles and doctrine of qaanft"
pale5at and guantum ueerua would apply
as to the services of railroads and rail
road men a. they always did and still DO
to the services of all other persons, with
the addition of such legal sanctions as
will enforce their observance.
Nor is the possibility hat lone jury
NAV differ from another in opinion as
to the same state of facts" any argu-
meut, constitutional or otherwise, against
the bill which authorizes trial by this,
"a in all other cases. To our mind His
Excellency's reflections upon this point
would apply rather against all jury trials
than to the jury trials provided for in
this bill.
And His Excellency is certainly very
iuconsiderate in assuming that there is
no standard for charges provided for in
the bill. That standard is erected i'll
the tariff of charges to be prescribed by
the commission; and that tariff, open
always to revision and correction by the
courts at the instance of the railroad
companies themselves and upon proof
that the rates are inadequate.
All that his Exeellency says about the
uncertainty of the tariffs contemplated
.bv the bill falls idly and innocently to
the ground, and the entire certainty, as
we'll as the adjustability of the scale OF
charges, becomes one of the most shining
qualities of this bill.
| Again, His Excellehcy expresses his
apprehension that as this bill provides
| in certain cases railroad property may
be assessed by different agent than that
of the ordinary assessor, and repeats sc
much of the existing law as requires thai
property to be assessed by the assessor
and the law being, as he asserts, "beyond
question, unconstitutional and void,
the railroads may by this means escape
taxation altogether. Nirabile dictu! The
assessors Office being 50 sacred and sc
solemn under the Constitution that the
Legislature cannot for moment, Eog in
q single instance, empower any Other
agent to assess the taxes to which rail
road may be liable; and yet that sacred
functionary may, according to this logic
be relieved of his duties by the passage OF
an unconstitutional law! II the repeating
statute be unconstitutional and void" AZ
His ExcelIency asserts it is beyond all
question" IL it not plain that it could
repeal nothing, and that the former
statute survivesf
The position assumed by the Cover.
lnor, that the bill undertakes to delegate
Legislative powers, we regard as perhaps
the least tenable of his points 1t does
involve legislative power to create 3
crime or misdemesnor and to prescribe
the penalty therefor, as in the case OF
the authorities of towns and cities. They
are empowered to prohibit certain things
and to make them penal ofenses, and
virtually 10 this way to exercise legisla.
| tive powers. This is conceded by all
Iconstitutionalla lawyers, aud on this princi-
pie the Supeme Court of Georgia has sus-
tanned a. not unconstitutional the dslega-
ton to the Board IF Railroad Supervisors
of that State the powers delegated by the
bill vetoed by the Governor. But this
bill, on this point, can certainly be up.
held on still another ground. 1t does
net attempt to delegate power to create
q crime or misdemeanor. or to prescribe
any punishment whatever. The bill
itself creates and defines the offences
which il propoes to punish, and pre-
scribes in every instance the punish
ment with which the offence is to be
visited. These afences are violation
IT the proviufous ct the set itself,
or Of the rules and regulations which
the board may prescribe. In all this
tie board exercises no legislative pos
crit only discharges its appropriate
function- and then - law. the act Of
tie Leeislatuse, does al the rest This IS
he distinction tie Supreme Court Of
Georgia 20 clearly and ably makes and
ahieh applies ii full force to he qnes-
ton II tho fFenIisas, On which We Innss