Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1885-05-09
THE SUPREME COURT or MISSISSIPPI OK
RAILROADS..


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The Supreme Court Of Mississippi
has had under advisement in the case
of the Mississippi Railway Commits
sion vs. the Yazoo & Mississippi Valley
Railroad Company, the identical ques-
ion involved in the case decided in
this State lay Judge Baxter: the rights
acquired by the charter as contract
with the State, and whether the Legis-
lature may interfere with the chartered
rights or change the contract at will.
We quote from the opinion
Section of the charter OF the APP
pellee confers IN the company power
TO fix, from time to time, by its Board
of Directors, the rates mt which il will
transport persons or property over its
rnilroads, provided they shall not eN-
ceed a maximum specified IN the act
Fixing rates in charter is n speciii-
cation OF what is reasonable; AN exclu-
sion of tacit or implied conditions on
the subject 1t is an essential part OF
the contract of incorporation, the
most important condition of its exist
ence, the inducing cause OF its accept
unce.
That it was the Legislative intent TO
vest in the appellee the unrestricted
right to fix rates, within the limits
prescribed by the charter, is clear.
That this was valid contract by the
State, obligatory and inviolable by il,
we regard as settled authoritauively by
Federal and State decisions too numcr-
Ous for citation.
If anything is or ever can be settled
in American constitutional law, the
sanctity and inviolabllity of a contract
between a State and individuals, in
the shape Of a charter for business
enterprise, accepted and acted ON by
the corporhtors, on the faith of its
terms and provisions, must be so re-
garded.
The appellee has the unquestionable
right, from time to time, by its Board
of Directors, to fix the rates ut which
it will transport over its railroads;
plOUided, those rates shall not exceed
the maximum prescribed by the char
ter. That is the contract. These terms
were expressly made. On the faith Of
them capital was invested and the en-
terprise set ON foot. Ii is not allowable
now for one OF the contracting parties
to interfere with the exercise by tho
other OF its plainly granted rights.
They are secure beyond the reach of
legislation and cannot be impaired.
The State cannot, by an net of its Leg
islature, abdicate the right to govern
artificial us well as natural persons;
but il may create corporations, and
where they are not a part OF the ma
chinery OF Government, the franchise
cannot be rescinded by the Legisla-
"a. H. s..Il
paired, without the consent of the
grantee. To hold otherwise would be
and disturb the founda-
lions OF society rs moulded by the ju-
iicial utterances Of half n century OF
government i'm America.
In view of what is written, il must
be held that the Railroad Commission
cannot interfere with the rate fixed by
he Board of Directors of the appellee
rom time To time, for transporting
and property over its railroad,
( those rates are within the time pre-
lcribed 10y the charter; and that the
Commission cannot adopt any rule or
regulation as to rates volative of the
,learly expressed or necessarily im-
Ilied charter rights Of the company"
This decision is 10 the point and
ustains the opinion delivered 10y Judge
Baxter. We have spent some time In
rying to convince certain self-consti-
uted leaders that the courts nor the
,cople will reach the communistio
,oint OF interfering with the rights OF
property fixed by contract with tho
State, but it seems they will not be-
or rather they have come
tho aonaftqfntA fhaf ~ il MOT fn fhnfg4
interest to be convinced. The State
lebt issue being out of the way and
inally disposed Of, they are fearful
hat unless they have some hobby
which they can ride continuously in
ront of the dear people they will soon
,e forgotten. There Is good deal OF
old philosophy in this position.
This Court holds that the charter
est certain rights in the railroads
which the Legislature cannot take
way and which no commission can
with. and this will he the
of the decisions in every
'tate where the charters are similar 10
hose in Tennessee
This being the aw--:s it certainly
5 where is the necessity for nny com.
mission? IL certainly can be Of no
enefit to the people. The Legislature
an regulate the railroans, and give
Inc people us much protection against
MUST and unfair discrimination with
ut as with commission. The com
mission is expensive without beng
and the people will not
How any set OF mon To again put the
arty in jeopardy by the incorporation
{ any such foolishness in their plat-
1rni.
1t has been said that a few 9f the
'aders held meeting i'm Nashville
st week i'm certain Cflice and sol
mnly resolved that the railroad ques-
on should be made the leading issue
l the next canvass. This is u futile
Hort to keep alive the railroad ques-
on by agitation, and themselves with
They see in the retirement OF the
lilroad question the back seats be-
y reserved for them. Hence the
ruggle.
But it must go, and those who live
Y its agitation likewise with it, The
eople have said so and the courts have
,hoed an amen.
Pure Blood and Strong Nerves.