The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-05-28
n curtsilment of the corporste fran

chise.D
It was competent for the Legislature
te grant to complainant the right to fix
and regulate its tolls and charges, and
the grant is irreyocable. Every grant
in its own nature amounts to an ex-
tinguishment of the right of the grantor
and implies contract not to reassert it.
A party is therefor always estopped by
his own grant The grant to the COM
pIainant TO fix and regulate its tolls and
charges must be taken in connection
with the existing principles Of the COM
mon law, that such tolls and charges
must be reasonable and free from I'M
reasonable discrimination. These prin-
ciples of the common law entered into
and formed part of the grant. There
fore the contract of the complainant
with the State Is to charge reasonable
tolls anu to make no u1ust discrimina-
tons.
Complainant charter Is a contract
between it and the State, and obligatory
on both parties Neither can violate it
with impunity The State cannot with
draw the rights and privileges conferred
upon the company; nor can the company
violate its duties so long as the com
pany performs its obligations, its rights
are secure. But if it abuses Us power,
or violates its charter, to the great wrong
and injury of the people, it is amenahle
to the State, Nor BY LEGISLATION, but
by judicial proceedings on benalf of the
State. The company must have its day
in court before it can be deprived of Its
rights. IF any corporation shall be
guilty of misuse or abuse of its powers,
or shall fail or cease to discharge the
duties for which it was created, or shall
in other respects be guilty of violation
of its charter, it shall for any such cause
forfeit the same, and may be proceeded
against by information in the nature oi
quo warranto." Revised Code, 1880, sec
1855. This is provision of the genera
law of the State relating to corporations
and declaratory of the common law. L
was a subsisting law at the date of com
plainant's charter.
A corporation by the very nature o.
its existence is subject to forfeiture q
its franchises for wilful abuse of it
powers, and this matter might be in
| quired into at common law either b!
scire facias or quo warrant.
The complainant, as we have seen, cal
only charge reasonable compensation 10
! its services. So if the company charge
unreasonable tolls or makes unjust dis
ordinations, any individual of the Stat
aggrieved thereby may institute suit an'
recover his damages. The common lav
gives the remedy. Whether charge o
discrimination is reasonable or unreason
able is a judicial question for the deter
mination of the courts.
If existing remedies are inadequate
the Legislature may prescribe new one-
1t may legislate upon the remedy, bu
IT CANNOT DIvEsT RIGHT.
In discussing the constitutional pre-
hibition that 70 State shall pass a lay
impairing the obligation of contracts
Angel, & Ames, on Corporations, Cot
saw: "Under this clause it has bee
settled, that the charter of prlvat
corporation, whether civil or eleemosy
nary, is an executed contract betwee
the Government and the corporator
and that the Legislature cannot repea
impair or alter it, against the consent, c
without the default of the corporation
iudicially ascertained and declared"
After mature consideration of TIL
case | have been brought by the currer
of authority to the conclusion that til
supervision law is unconstitutional an
void, so far as it attempts to interior
with or interrupt the rights conferre
on complainant by its charter.
1t is insisted that the Granger case
and some others establish dititreI
doctrine, but upon acareful examinatio
of those cases it will be seen that the
are consistent with my views. In a
those cases the power to repeal the chal
ter was reserved to the Legislature
either BY the charter, an existing genera
law, or the Constitution of the State.
These views make it incumbent upo
me to graft the injunction applied fol
Therefore it will not be necessary L
consider the other questions presente
by the bill.
The injunction will be issued on con
plainants entering into bond in til
penalty of one thousand dollars, wit
two or more good and sufficient suretie
conditioned as the law prescribes.
E. G.. PEYToN, Chancellor.