The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-04-22

The RAILROAD COMMISSION. Y. THE
NArCHEz, JACKSON, AND COLUMBUS
RAILROAD CO.
CAMPBELL, c. J., delivered the opinion
of the court:
The views announced in Railroad
Commission T. la-00 and Mississippi Val
ley 4. r. e., dispose of all the objec-
tions of the appellee to the act creating.
the Railroad Commission, except as re
lates to the Constitutional inhibition
upon the State to pass any law impair
ing the obligations of contract.
The appellee is authorized by its
charter from time to time to fix, regu-
late and receive tolls and charges by
them to be received for transportation
of persons and property Annexed to
every such grant Is the implied condi-
ton that the charges shall be reason
able, because that Is the limit of right
imposed by the common law; and,
as the power OF the corporation is to be
eXercied in subordination to this Jacit
condition, it is competent for the Legs
lature to establish IN agency to secure
conformity by its creature to the stand
ard of reasonableness. The appellee is
not denied the right to fix, regulate and
receive Just and proper charges for
transportation That right is secured
to it by its charter. and is not iniringed
| by the act creating the Commission.
1t remains unimpaired. All that has
been attempted, Is to secure conformity
| to what is reasonable and proper. The
creation of a public agency TO stand
between the railroad companies and
fbgpa i linn Z hon, to fhqf fba
obligation of the former to be reasonable
in their charges is duly observed, is not
an infraction of any right. The final
! test of reasonableness of rates, Is not with
the Railroad Commission, but, as before,
with the Government, through its
judiciary. Fixing rates by the Com
mission is not final and conclusive
against railroad company. 1t j. only
prjBla t0cie correct, and may be tested
in the courts. Ii the action of the
Commission is just, it should prevail.
If it is not it may be assumed that it
will not. OF that none should complain.
| The concession made ia the bill of the
appellee of the right Of judicial control
| to prevent eNtorti0n aua unjust dis
elimination, is an admission Of of the
! right of governmental control; and if
! LiiN hJ4edAt Ndil CbikiDl vi HNlJt
wise at all it may select the agency
/ though which to exert its right.
The appellee IS not subject to the
absolute control of the Railroad Com
mission or of the Legislature as to rates
for transportation. 1t has rights which
must 5e respected, and there has been
no invasion of them. They are inyio-
| late and inviolable.
This company must be permitted, as
authorized by its charter, to fix, regulate
and receive tolls and charges; but this
| creature Of the State must submit to the
! lawful authority Of its creator aud pro
tector to supervise it, so as to guard
against any abuse by it Of its franchise,
while it Is protected in its fullest enjoy
ment. Within the limit of its chartered
rights It is safe from interference, but IL
| has no right TO escape the visilatorlal
| power o1 the state to ascertain If II
keeps within these bounds. Corpora
tions, like natural persons, must yield TO
| the auth Jrity of the State to govern,
and while they may justly claim that
they shall not be despoiled Of their char
tered rights, they cannot be justified in
claim of immunity from the operation
of such reasonable regulations Is the
State may adopt for their government,
in conformity 10 their charter.
Decree rereIsed and bill dismissed.