The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-01-06

rssr nArnRoAD cousl1sa1osEEs,

shortly after their Organizations both in the State and
f in any manner vii tie business and operations
railroad companies The suits In the state courts were
supreme Court the State This held that the Safe
had the power originally prescribe for railroad company
carving passengers and reights within its limits and that any
exercise of this power which does hinder or burden inter
State or obslrlet ITS freedom ny
against persons and property of other States not an infringe
Of the constitutional provision which vests In Congress
the power ito regulate commerce among the several States
that Of railroad company authorized the com
pany general terms Ito fix regulate and receive tolls and
charges for the OF persons ana properly e
stare thereby enquish the right and secure
reasonable charges annexed 70 every s1c grant, te
implied condition that the charges liked shall pc reasonaoe,
competent for the Legislature to enforce the observance
OF such conditions by appropriate means Dur shen H @
has granted to railroad company inc tlght 70 IA within
mum the which it will transport persons and
property the afterwards the court held interfere
with the charges fixed by the company II they are within the
limits prescribed by the charter.
Under these decisions there is nothing any such pro-
vision railroad charter which nhbs the State from APP
pointing railroad other agency that the
charges the reasonable in the other that they
within the charter limits or which renders unlawful 10
enforce such police other reasonable regulations the State
adopt for the of railroads within the State IN
the interest Of The community as long as such regulations are
consistent with the full enjoyment OF the chartered rights OF the
companies From these decisions ony the Naehez jackson
and Columbus Railroad Company which had no mum OF
prescribed in its charter prosecuted appeal to the
Supreme Court of the United States.
The suits instituted in the Federal Court also decided
adversely Commissioners and they took appeal to the
Supreme Court Of he United States That Court has recently
delivered an opinion reversing the District Court UNFOLDING
the constutonay of supervision law in all particulars
the salaries and expenses of The Railroad Commis
pay of Clerk. The Attorney General decided
that part Of the could be used lay rneys
fees in the litigation in the several
before mentioned. therefore advanced Of the
tingent fund Hon. j. w. = Watson, whom | employed
represent the State in all the the of sOO0
his fee which, under the provision OF 2643 Of the
Code the Legislature viii be called upon fix this session
also paid court costs to the amount $3.50 3d. proper vouchers
for all which will appear in the Of The contingent
fund TO be rendered hereafter.
You are referred the report the Railroad Commissioners
for information their and dongs and the difficult
attention to this report you rhine what
further legislation required by the public
make railroad supervision edectual
The Legislature expressly reserved the right change
the mode Of selecting Railroad Commissioners.
The patronage the Governor is already large and its
proper distribution Of anxiety and difficulty
could desire The appointment of any officer except
impose that duty him. He would therefore, welcome any
change the method of selecting Railroad
Incompatible with the public welfare which the wisdom of the
a. the general election in 1884 Hon. T. C. Catohngs was
chosen Representative in Congress from the Third District and
shortly thereafter rendered his resignation
ATTORNEY GENERAL.
take effect the 10th of February ensuing appointed
Hon s. Ford of Marion county lawyer Of high character
long experience and distinguished ability, fiji the vacancy
and be has since discharged the duties Of the office with charae
teristic vgor and fidelity.
Of the authority conferred me by the act approved March
1904 lempoyea cen l. lla 70 represent tne state IN the
Orleans Mobile and Texas Railroad Company The
Mississippi re District Attorney, &c. have the pleasure
report secured the early determination
Of the State and that the bridge of the railroad company
across the mouth of Pearl river has been since removed and
erected in conformity with is charter which permits
the free and uninterrupted navigation Of Pearl river and It's
tributaries.
In the approved March s. 1892 Attorney
General instituted legal proceedings compel the Noble and
Texas Railroad Company to remove stationary bridge over
West Pascagoua jackson county that the
CATION of he might be uninterrup ed and the case
which removed from the State Courts application of the
railroad company pend the Federal Court the
Southern District 1t uniformly held competent for
the State in absence OF congressional legislation the subject
to persons or corporations to and maintain
bridges hout draws navgabe waters and Congress
alone has the power declare the obstruction nuisance and
direc its abatement am. therefore, case
be decided adversely to the State and anticipation of
result recommend memorial Congress such other
action the Importance and of the subject
respectfully recommend that the Attorney General be re.
CURED to preserve copies OF all ohca Opinions delivered by him.
report the other officers required to
do, for publication in the Department Reports His opinions
sought by the various State and officials
questions of daily and their publication
proper transaction public business It would also besides
insuring ency and harmony official expression lesson
the abors of each succeeding Attorney General thereby
enable him 70 devote to the remaining duties Of
the office 1t is also manifest that the knowledge that his
opinions undergo critical public and
come preeeden Tor the guidance OF ms successors would cause
the Attorney them thought and
he might ordinarily bestow them and this may sug-
gest of the advantages of the requirement proposed
without any reflection the able and accomplished
who have heretofore aceeptaby filled this position
Early in 1885, Hon F Trimbe the distinguished Judge
the
FOURTH DISTRICT,
was stricken with paralysis and no courts have been held in
to hold the This service purely voluntary and with
outcmpensaon, the fourh district the
March 18Th 1884 which authorized the to as
sign judge judges hold in Districts
named when in the became proper
This failure to hold courts has resulted in practical
justice many and has enaed large expense the
counties comprising the district for the case Of
of crime In Washington county alone twelve
committed charge f murder besides commitment
ofenes When judge becomes unable discharge duties
during the session Of the Legislature provision
removal but when the disability during recess the
Legislature there is relief if incumbent declines resign
until the
The people OF this district anxiousy look the Legs
atue for the relief which alone afford that
dsposing Of this the Legislature also provide for
lar that may arise in future
At different periods in the history of the State
have been granted corporations comforting many instances
the exravagant privileges Many these charters are
yet unearned and can be repealed the pleasure Leg
atue But Of them be repealed doc
trine announced in the Dartmouth College without
mparng the obligations of contracts and the State con-
sequence rrevocaby bound by the grants they contain how
burdensome and oppressive they may have to the
people The wisdom horsighted at BEST that
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