The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-01-20


by railroad TO the 0uit OF :
Mexico be established: Therefore, I
as C. l. Be il enacted by the General AS I
sembly of the State of Tennessee, That the I
said Jonathan Emanuel, president, and tue |
said George Y. Stewart, Sidney Smith, Mo |
ses Warning Charles lie Baron aud 5. Crit
fifth Fisher, directors, and their associates,
W no shall be the stockholders OF said com
pany, and their successors. under the name
aud style of The Mobile and Ohio Railroad
Company, are hereby declared 10 be body
corporate and polite under the laws OF
Tennessee with succession for five hundred
years: and 4 common seal, with capacity
to have, receive. and eajoy, to them and
their successors, properly and estate OF
whatsoever nature and quality, and the
same TO alien, transfer and dispose OF, SO
far as may be necessary to carry into effect
the main object of this charter, which Is
hereby declared 10 be the construction, use,
and maintenance of railroad IRON Mo
bile, in the State of Alabama, to some point
on the Mississippi or Ohio River, near the |
mouth OF the Ohio. passing through the |
State OF Tennessee.
The remainder of the act relates to the |
powers and privileges OF the company 10
Tennessee.
on the 18th Of February, lS4S, the Cen
eral Assembly of Kentucky passed an aet
.,to authorize the Mobile and OHIO RaliFead
Company TO extend their railroad IRON me
south boundary line of the State OF Ken
lucky to the Mississippi or Ohio RIVERS
as follows:
SEC. l. Be it enacted by the General As
sembly of the Commonwealth OF Kentucky
That the Mobile and Ohio Railroad Com
pany. when formed under the act OF tue
General Assembly of the State OF Alaoa-
ma. approved February Sd, ls4S, entitled
| AN act to incorporate the Mobile and ON
| Railroad Company shall be allowed the
privilege OF making any necessary recon
noisance and survey for the purpose et as
pertaining the most eligible route tor eN-
tending the Mobile and ohio Railroad to
any point upon The Mississippi or ONO
/ Rivers in his state
| SEC. 2 Be it further enacted, That as
soon as said route and point shall be aseer
tanned the said Mobile aud Ohio Rarlioad
| Company shall be allowed the right o. way
| for he extension and construction of their
| said railroad from the Tennessee line 10 the
| A[ississippi or Ohio Rivers, and that they
shall be entitled TO all the privileges, rights
| aod immunities, and subject to all Such re
| str;ctions as are granted, made, and pre-
scribed for the benefit, government, and
direction of said Mobile and Ohio Railroad
| COMPANY within the State of Alabama by
the act above described.
On the 10Th of September, 1850, Congress
passed an can act granting the eight OF
way and making grant OF land 10 the
States of Illinois, Mississippi, and Alaba.
ma in aid of the construction of railroad
from Chicago 10 Mobile
This act provided that the said railroad
and branches shall be and remain pubic
highway for the use of the government oil
the United States free from toll or other
! charges" aud 'that the United States maj
shall atall times be transported on the SAID
railroad under the direction of the Posi-
Office Department, at such price asCongress
. may by law direct
These lands were transferred by Alaba-
: ma and Mississippi TO the Mobile and One
Rsilroad Company in 1850 aud 1851, aud IL
1859 Congress ratified and confirmed tbs
grants and extended the time for buildin
? he road.
! The case was heard on demurrer to thu
4 bill. The Circuit Court.rendered decree
: allowing the injunction, and from that de
} cree this appeal was taken.
The argument in support of the decree
: below is;
l. Thai the statute under which the com
: missioners are to act impairs the obligation
} OF the charter contract OF the Mobile an,
> Ohio Railroad Company.
2 hat it is, so far as that company j
concerned, a regulation OF commerce amoni
the States;
4 3 That it denies the company the equa
= protection of the laws; and deprives it o
: It's property VII bout due process of law;
{ 4. That ii confers both legislative and ju
dicial poYers on the commission, and !
- thus repugnanJ 10 the SonstltutiOu Vi hi
sissippi; aud
s. That il is void on its face by reason G
:, it's Inconsistencies and unee, tainties
, These several positions viii be consider
ed in their order.
e 1. Tho provisions of the char ter on whic
:, tne claim of contract rests ate found in secs
- l. Z, and II, as follows:
> SECTION /. Aud the said company
u hereby authorized and empowered
TO transport, take, and carry property an
u persons upon said railroad or way by til
III power and force of steam, of animals, or c
any other mechanical or other power, o
: any combination of them which the compa
ny may choose to apply
a SEC. Z. That the directors shall have fuI
lie power to make and prescribe such by-law'
3 rules and regulations as they shall deeu
N needful and preper toncsss's s-afsposi
anu management of the stock, properly,
estate, and effects of said company, not cor
trary 10 this cBarter or the laws OF this STATE
| or OF the United States; the transfer of
shares, the duties and conduct of their Off
GERS and servants, touching the election OF,
and meeting of the dir eciors; aad all ma t
tiers whatsoever which may aPpertain to
the concerns of said company.
: SEC. l.. That it shall be lawful for the
7 company hereby incorporated from time to
5 time to ii *, regulate, and receive the toll
and charges by them to be received tor trans
} portation oil persons or property their
I q.
lied. TO be constructed, erected, built, or
: used, or upon any part thereof"
From this il is claimed that the State
granted to the company, for the full term
of its corporate existence, that is to say,
e forever, the right of managing its own at
t fairs and regulating its charges for the
r transportation of persons and property free
2 of all legis iative control.
Ii IS now settled in this court that a 5 ate
has power to limit the amount of charges
by railroad companies for the Transports
/ ton of persons and property within it, own
e jurisdiction, unless constrained by some
I contract in the charter, or unless what is
+ done amounts to a regulation of foreign OF
: interstate commerce. Baltimore and Ohio
: Railroad Company V. Maryland II Wall
d 456; Chicago, burlington and Quincy Raj.
n road Company V. Iolcd, "a u 5. I55; PEEK V
. Chicago and Northwestern Rad,cay Company
j Ii. l64; Win0RG and -. Peter Rdttroao
Company V. Blake, Id. 1870; Ruggles v III
a 1,ois, los u ). 53l. This power OF legula-
n tlon is power of government, continuing
e in its nature, and If it can b. barganeC
!; away at all ii can only be by words of pos.
T tive g an or Something which is iu Law
! equivalent lfthere is reasonable doubt, i
/ must be resolved in favor of the existence
d II the power. In the words of Chief Jus
. | tice Marshall, in PROVIDENCE BANE
y ". BILLINGS. Pet. $50. it was held tha
T the incorporation of bank withou
) any sptCInI PROVISION 10F taXatiOi
! did not imply contract on the
d part of the State net to tax at all. In
5 CHARLES RIVER BRIDGE V WARRE,
E BRIDGE, IL Pet. 4 9, the court said this .ui,
of construction was not confined to the tax
ing power, and accordingly it held that he
charter of a tol[bridge company did no
| imply a contract not 10 allow the building
0 of another bridge in the immediate vicinitS
d WHICH would materially interfere with ii,
: revenues In delivering the opinion OF thu
r | court, Chief Justice Taney Lsea this Ian.
: guage, Up. 54o): This act of incorporation
r IS In the usual form, and the privileges suci
as are commonly given to corporations o
: tnat KIND 1t confers on them the ord ma.
ry faculties of a corporation for the pnr
] pose of building the bridge, and estabIishs,
i certain rates of toll which the comnauy az
!. authorized to take; this is the whole graut
\ There is no exclusive privilege given Il
them over the waters of Charles Rive,
ABOVE or below the bridge; no right to ereol
1 another bridge themselves nor TO preveni
other persons from erecting one: no on
e gagement from the Stale that another shat
l not DE erected; and no undertaking NOT Il
: sanction competition, nor to max e improve.
e iaents that may diminish its income In
. MlEoTr " Z. W. & b. r. r. Co., known as
| the DELAWARE RAILROAD TAX CAsF IS
. Wall, 2o6, it was held that a proyIsior
In the charter that the railroad
. CONF any should pay annually into tbe
| treasury OF the State tax Of oae-ouarter 81
E one per cent on its capital stock of fonr
! hundred thousand dollars without any
: words indicating the intent of the lepisla.
sl1s mat no turtner or different tax should
, oe subsequently, levied, was not su Helen,
: 10 show a contract binding the State moi ~
| make such levy, the court remarking tba,
the surrender when claimed must be show n
: py clear and unambiguous language which
! | VIII ADMIT OF no reasonable construction
Inns xn4a