The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-05-20
Some Errors Corrected
The Yazoo City Herald:

OULlC LIIOIS OOIE6CLSAs
The Yazoo City Herald:
We understand the Superyisionists are
Of carrying the Supervision +.
cases to the Supreme Court Of the
United States in which event of course,
the law will not be fully decided until
the court Of last resort has spoken. But
if the decision Of Judge Campbell IL to
be taken as final we see no reason why
the taxpayers of the State should be
compelled to pay for a useless luxury
Do the people or the most ardent super
visionists desire the Commission TO
continue simply 10 execute such police
powers as the courts may grant to them
The Commission was created because the
majority of the Mississippi Legislature
thought il incumbent that railroad rates
should be regulated Had it not been
for that the question would never have
been agilated. The Supreme Court has
decided that the railroads can make
reasonable charges and the courts alone (
are TO say what are reasonable charges /
How much service can the commits
sioners do the State them 4 super /
yi,on bill might be drawn up in /
accordance with the decision which no
one would object TO requiring that the
/ railroads publish rates, etc, but the
commission should be abolished,
We select the foregoing from among
several similar comments on the recent
decisions Of the Supreme Court of
| Mississippi in the Supervision cases, in
order to correct some very glazing
errors. To do this intelligently it may
be well to remind our readers that
decisions have been rendered in
two cases, namely, the Natchez, Jack
son and Columbus Railroad Com
pany, and the Yazoo and Mississippi
+ Valley Railroad Company. In both
these cases the DEGREES of the lower
court were in favor Of the Companies and
against the Commission, but in the
Supreme Court the DEGREES in both cases
were in favor of the Commission and
against the Companies In the case Of
the CoalaiissoH q. TIE Yd.00 end Mtss5ssiD-
pr Rajiroad C0mppny, the court held, i
favor Of the Company, that 50 long as the
Company kept its rates within the
marimua fixed by its charter the Com
a mission could not interfere; but in the
b case of the Natchez, Jackson and Colum
( BUS Railroad Company, it was held thai
in the matter Of fixing rates the Com
mission had all the power which was
d intended by law 10 be conferred on it
q The difference in the DEGREES in the TIVE
o cases grew out Of the diferenc,
IN the charters Of the Companies; tht
charter Of the Yazoo and Mississippi
, Valley Company containing what i
known as the maximum clause which tn
g Natchez, Jackson and Columbu
Railroad Company does not contain
We understand that the charter of III
e. Canton, Nashville and Aberdeen Com
If pany is similar 70 that of the Yazo
p Company and that by consent deere
will be entered as to that Company su:
tanning its freedom from interference a
r to its rates 50 long as it keeps within tn
O. maximum allowed.
i'd 1t will thus be seen that three of til
lie Companies doing business in this Stat
are affected by the decisions of Ii
Supreme Court of Mississippi. As
~ one of these, the Natchez, Jackson an
: Columbus Company, the decision
squarely against the Company on all IL
81 points discussed. As to the other tw
the Iazoo and Mississippi Valley an
10 the Canton, Nashville and Aberdee
,ir the decision is favorable to the Cor
n panies on what we concede to be a mo
ed material point, but in favor of the Coz
" mission on all the other points.
Ds But it SO happens that of all the Con
panies operating lines of railroad in Nj
sissippi, only Two have charters contai
er- ing what is known as the marina
ct clause, viz, the Yazoo and Mississip
tie Valley Company, and the Canton, Mas
-ly Vile and Aberdeen Company. All t
to others have charters which under t
Jackson and Columbus Company, lea
them liable to such legislation concer
en ing rates as is embodied in the a
XII creating the Railroad Commission.
ID Why then does our esteemed conteI
i've porary speak of the Commission as
he useless luxury" eff the decision
raj Judge CAMPBELL is to be taken as final
DIS And where does it find warrant for t
18th suggestion that the commission can on
yea execute such police powers as the cou
Al may grant? As ms tier of fact and |;
the commission has been sustained
every point decided in an opinion viii
binds every Company in the State {
ma cept two; and courts do not grant pol
m powers, but enforce such powers VII
by granted by the State.
or's True, as stated by the Her aid, q
the Supreme Court has decided that I
the railroads can make reasonable .char
Ids and the courts alone are to say WI
the are reasonable charges" but the Co
| to also said that the rates fixed by
commission would be prima facie reas
able, in any trial, and this is all Il
the the act of the legislature which
.ER, Herald asks to have repealed provides
viii That supervision bill ''drawn up
aue accordance with the decision" woald
nor exactly like the one which our respec
'lon contemporary assails, may be surprise
ali but it is a fact.
NICE We trust that our anti-supervis
'uld friends will deal fairly with the de
'niy ions of the Supreme Court and
ave claim as victory one of the most &C
but plete defeats which any litigant e
ent. received in a court of justice.
nois