The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-12-01

out of the application of the State law
to freight coming from or destined TO
points beyond the State I can offer no
consistent with the idea that
there exists the requisite authority for
such purpose. Whatever doubts upon
the subject there msy have been before,
the recent decision of the Supreme
Court of the United States, which you
mention, seems to put the matter at rest,
and to make it clear that so far as con-
Germs the regulation of charges on inter
State transpol tation, the experiment OF
railroad supervision in Mississippi Is a
failure. The fact that the decision was
made by a divided court, affords no rea
son to expect that on question of such
magnitude and interest, extensively
argued and deliberately considered, the
ruling viii ever be materially modified.
And now that the sphere of duty of our
State Commission has been so much
narrowed by the limits thus authorita-
lively defined, he question may address
itself to our next Legislature, whether
some more inexpensive system may not
be devised TO deal with those transporta-
ton questions, adjudged to be within
the jurisdiction OF tie State. After the
Congressional legislation which seems
now more than ever demanded-and
which l think may be expected at the
coming session, as al the last both houses
agreed upon the principle of an inter
state commerce bill, and differed only
as to detaiis,-suggesti as to State ac-
ton for the consideration of those VINO
make our State laws may not be consid
- IA
probably be premature, nor do | con
slider that such suggestions are called
for by your letter.
Referring to the charters of the Y q
VI. V. Il. K. Co., and two others in
waich maximum charges are fixed, you
ask
''To what extent does such legislation give i'm
mualty 10 the roads in their charges and viii il be
protection T. the class OF freight known a inter
state aud prevent reg llation By Congress Il tue iii
nois case is followed
The first branch OF the question seems
not to refer to the Interstate" freight
| specially named in the second, and an
answer to it is found in the opinion Of
the Supreme Court of Mississippi in the
case of the Railroad Commission vs.. the
| Y. < Nj. V. Il. r Co, which stands un
reversed, and, In fact, was referred tC
with no intimation of disapproval, il
the opinion of the Supreme Court of the
United States delivered by the Chiei
Justice in the NJ. & o. Il. r., supervis
ion case not long ago decided. 1t il
there held that charter, such as you
refer to, is contract which the Fedora
! Constitution forbids the State to violate
| by interfering with the charges estab
| lished by the corporation if within thu
prescribed limits.
Answering the second branch of thi
! question, let me suggest that this consti
tutionai prohibition applies only to the
States and not to Congress whose ac
may even supercede d treaty, the gov
ernment's own most solemn form Of con
| tract. These charters constitute no OBJ
stacle to the exercise of Congressional
power. The State granted and the cor
porations accepted them subject to sucl
commercial regulations as Congress
might prescribe in virtue of its para
mount authority under the constitution
of the United States,
1t may be objected that as two of the
roads to which your question refers ar
/ located entirely in Mississippi, the,
WOuIu not COIHe uHu6I Tic OptEdliOu .
these regulations. But l do not thinl
such view can be sustained, and as
touched this question in the speech from
which | have already quoted, | inser
here the following extract which bear
upon it:
| 'There are some important railroads in tina
State which begin and and within its limits, bu
these are engaged in Interstate traffic in conueC
| ton with other lines which join them. Bat
seems clear that the transportation of commodiiie
between New Orleans and Yazoo City, Miss or Ne'
Orleans and Aberdeen, Miss, is as much subject
Congressional regulation as that between New On
leans and Brooknagen, or between Mobile an
| Meridian, though ew Orleans and Brookhave
are the same unbr0ken line of railroad, and S
| are Mobile and Meridian while 1az0o City an
Aberdeen are on lines which begin and end in Mis
ssippi. But in connection with the lines the
join these lines are the instruments and means Q
commerce among the states, just as the uubrgke
lines are which engaged in the sort OF bus
| mess"
Regretting that you have been con
fronted by serious obstacles, some o
them apparently insurmountable, il
your efforts faithfully to discharge tn,
duties of your positions, have tn
honor to be
Your obedieut servant,
L. @. WALTHALL.