The clarion. [volume] (Jackson, Miss.) 1883-1888, 1885-10-07
Irrepealable Charters.

deem 1T to be the duty of the next Legis-
lature to submit TO the people proposition
to amend the Constitution Of the State,
which will prohibit the granting of any
charter OF incorporation which will be
unalterable or irrepealable in any Of its
provisions
The foregoing is perhaps the most inn
portant of the declarations contained in /
the Democratic Platform, most of the
principles of which have been handed |
down to us through generations and |
have been presented in nearly the exact
form in which they now appear, since
1873.
On many of the subjects treated in
the Platform, had there been no attempt
to formulate the views of the Demo
Gratis of Mississippi, every intelligent
person would have been as well advised
as he now is. Fidelity to the Constitu-
ton of the United States, home rule
and the reserved rights of the States,
freedom of election from military inter
ference, and the supremacy of the civil
over the military authorities, the protec-
ton of human rights, no discrimination
on account of race, color or previous
condition, the Jeffersonian standard of
| fitness for ofice-these and others
equally as well understood have been
the party shibboleths for many years.
But the declaration contained in the
paragraph We have quoted, adds some
thing new to the great body of Demo
cratic principles, and strikes at an evil
the gr~wth of which has already been
permitted for too long a tine, and the
correction of which ought not to be
longer delayed.
A decision of the Supreme Court of
the United States fastened upon the
country the doctrine that charter is a
contract protected by that provision of
the Federal Constitution which denies
to the State the right to pass any law
impairing the obligation of contracts
That decision was of but little impor-
lance then, compared with its mis-
chievous effects developed since. The
power and the greed of monopolies had
not then been felt, and, though the
truism that Corporations have no
souls" was as familiar then as now,
practical evidences of their heartless and
selfish devotion to the God of Mamrnon.
were not SO striking or so numerous
| When the decision of the Supreme
Court in the Dartmouth College case
was announced, it was in the power OF
every State in the Union to protect itself
from the mischief of that decision in
all charters of incorporation subsequent
| ly granted, just as it is in the power Of
! the Legislature of Mississippi to protect
the people of Mississippi in all charter,
of incorporation to be hereafter granted
but many of the States, unwilling tt
trust the Legislature to do that which
was deemed to be of vital Importance
have adopted Constitutional provisions
similar to that which the Democrat,
party, in its Platform, proposes to tn,
Legislature of Mississippi. In fact W,
have been informed that nearly all o.
the Constitutions adopted since tn,
decision of the Dartmouth College case
contain sn injunction against the grant
ing of irrepealable charters by tn,
Legislature.
1t will doubtless be said that it is use
less to prevent by Constitutions
, amendment that which may be pre-
vented by legislation; but persons
familiar with the temptations with which
organized capital besets lawmakers, vii
hail with delight the opportunity t,
throw around them a shield which vii
} not only protect them, but the grea
) mass of honest people whom they repre-
sent.
III We are opposed to the granting O
any more irrepealable charters by Mis-
sissippi Legislature, and in taking thi
e position we enjoy the comfortable sup
port of the Democratic party expressed
e in the resolution to which we hav,
D referred. This resolution announces .
e rule to which there should be no exeep
: ton, and ii party declarations are wortl
anything as an index of party polio,
the inhibition which the Democratic
Convention declares should be placed il
: the Constitution, will find legislatiy,
! expression in ali acts of incorporate,
e which may be passed by Democratic
: Legislatures.
) The evil effects of granting irrepeal
$ able charters were never SO plainly visi
t bic as now. Time and again has tn
Democratic party declared that the rail
road corporations of this State wer
supervisable. A Democratic Legislature
! In obedience to the demands of the PEG
q pie and in accord with its construction
! of the Democratic Platform. has enact
. ed plan of dealing with these corpora
tons by the creation of Commissio,
charged with certain duties; but befor
the commissioners have performed O
attempted to perform single duty i'm
posed on them by the law of their crea
ton, they are met and thwarted bv tn,
courts, because it is claimed that the cor
, porations whose regulation was threaten
ed are protected by irrepealable charter
OF incorporation. We do not believ,
that they are-that any of them are-bu
the claim is made for them, and thus fal
has been established in the courts
What the result of the litigation will b.
we do not know, but we do know that 4
the Constitution of Mississippi contained
provision prohibiting the granting Of
irrepealable charters, much of the obiec
\ ton In law to the Railroad Commission
would be without foundation.
Il The Democratic party is the grea,
CONSERVATION of the rights of the people
1t has been charged with being anti
progressive. We doubt not that the
proposed change in the Consultation
will be called an anti-progressive amend.
ment. When it shall be SO character.
lied we will be prepared to sustain it as
one of the most vital measures ever pro.
posed to the Legislature. It's great
virtue may not be appreciated now. In
fact 1t may stand as an obstacle to the
avaricious schemes of the rich and tha