The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1886-01-19
RAILROAD SUPERVISION.
The Opinion of the Supreme Court
Of the United States in the case of

JOIN N. STONE, WILLIAM MeNILLIE, AsD /
W. b. AUGUSTUS, COMPOSING THR RAIL
ROAD CoNNIsstoS OF rHE STATE OF Mis-
sIssIPPI, APPELLANTS.
vs..
THH FARMERS LOAN AND TRUsr Con-.
rASY.
Mr.. Chief Justice WAIrR delivered the
opinion Of the Court
This is a suit brought by the Farmers
Loan and Trust Company, a New York
! corporation, to enjoiu the Railroad Com
mission of Mississippi from enforcing
against the Mobile aud Ohio Railroad Com
pany the provisions Of the Statute of Mis.
sisslppi passed March, ii, 1884, entitled Via
act 10 provide for the regulation Of fright
and passenger rates 0a railroads 10 thls
State, and 10 create commission to super.
wise the same, and for other purposes
That act is as follows;
SECTION /. BE il enacted BY the Leg
islature Of the State of Mississippi, That
the track of every railroad in this State is
q public highway, over which all persons
have equal rights ef transportation Tor pas
sengers and freights on Repayment OF just
compensation to the owner of the railroad
for such transportation and any person or
corporation engaged in Transporting pas
sengers or freights over any railroad 10 this
State, who shall exact, receive, or demand
more than the ra,e spec fed in any bill Of
lading issued by such person or corpora
tionor who, for his or it's advantage, or
for the advantage of any connecting line,
or for any person or locality, shall make
any discrimination in transportation
againsl any individual, locality, or corpora
tioR. shall be guilty of extoruon'
sEcs. and 8 relate to the punishment Of
those so guilty and their liability 10 double
damages 10 parties injured.
SRcs 4 and provide for the appointment
of three commiss oners, to be known as the
Railroad Commission of the Stale of Mis-.
sissippi, rresc lbe their qualifications aud
tenure OF office, fix heir salaries, aud sub.
iect them to penalties and punishment for
violation Of GUY.
SEC. i il as follows:
'SFcs 6 Be it further enacted That il
shall b. the duty of all persons or corpora
tions who shall own or operate railroad
in this State, within thirty days after he
passage of this act, to furnish the commis.
sion with its tariff of charges for transpor.
tation Of every kind aud il shall be the
duty of said commission to revise snid
tariff Of charges so furnished, aud deter.
mine whether or not, and in what partic.
ular, if any, said charges are more than
| Just compensation for tht services to he rem
| dered, and whether or not u just discrimi.
nation is made in such tariff Of charges
against any person locality, or corpora ion
and when said charges are corrected, as
approved by said commission, the commits.
sion .hall then append certificate Of ITS
| approval to said tariff of charges, but in re.
vising or establishing any and every Ia il
of charges IT shall be the duty Of saidrera,
mission 10 take into cons lerafion the char
&C er and nature OF the service TO be per
formed and the enire bu,iuess of such
railroad, together with its earnings, from
the pa senger and other traffic, and shall
so revise such tariffs as to allow fair and
Just return on the value of such railroad.
us appurtenances, and equipments. and it
shall be the duty Of said commission 10
exercise watchful and careful supervision
over every such tariff of charges, and con-
tinue such tariff charges from time to tim- as
justice to the public and each said railroad
C jmpanies may require, and to increase or
reduce any Of said rates according as expe
rience and business operaio may show
to be just; and said commission shall ae-
cordingly fix tariffs of charges for those
raj ads failing to furnish TAI ifs as above
iVHhhNNs hhN ~ ohaii bN lhC uNbY VI 6dlu
raj road companies or persons operating any
railroad in this State 10 post at each
OF ils depots all rates, schedules. and
tariffs for the transplrtaiOn OF passen
gers and frtignts, made or approved
by said railroad commission, with said Ger.
tihcate OF approval, within ten days after
sud approval, in some conspicuous place
at such depot; and it shall be unlawful for
any such person or corporation 10 make
any rebate or reduction from such tariff in
favor of any person, locality or rporation
which shall not be made in favor of all
other persons localities, or corporations by
a change in such published rates, except as
may be allowed by the commission and
when any change is contemplated to be
m de in the schedule ef passenger orfreight
rates Of any railroad by the commiss on,
said commission shall give the person or cor
porltion operating or managing said rail
road notice in writing at leastten days be-
fore such change OF The time aud place al
which such change will be considered.
SIC. makes il unlawful for company
to grant reductions or rebates prohibited
| by he act, aud hxes penalty for 50 doing
SEC. allows reduced rates for certain
kinds OF transportation
SEC. is as follows:
"SEC. .. Be it further enacted, That il
shall be the duty Of said commission to hear
all complaints made by any person against
any such tariff OF rates so approved on the
| ground that The same in any respect is fol
more than just compensation, or that such
charges, or any of them, amount to or oper.
ate 50 as TO effect unjustEdiscrmI nation
such complaint must be 10 writ ng, and
specify the items ia the tariff against which
complaint is made ; and ii it appears to the
commission that there may be justice in tn,
complaint, or that the matter ought 10 b.
investigated, the commission shall forth
with furnish 10 the person or corporation
operating the railroad copy Of the com
plant, together with notice, which sale
notice shall be served as other legal pro
cess is nov required by law to be served OF
llroad mpanies; that at time anc
place stated in the notice the tariff as Il
SAID items will b. revised by the commits
sion, and az such time and place IL shall b,
the duty of the cOmmi. sion to hear the par
lies to the controversy in person or bl
coun e., or botd and such evidence as maj
be offered ora or ia writing. and may ex
anime witnesses on oath, conforming 10 IN,
mode Of proceedings, as nearly as may b.
conyenien TO that required Of arbitrator
giving such time and latitude 10 each SD
and regulating the opening and conclusion
of any argument as tue commis-i n ma,
consider best adapted TO arrive az the truth
and when the hearing is concluded th,
commission shall give notice OF any chang
deemed proper BY them 10 BE- made 10 th,
person or corporation operating the rail
road; PrOcided. In no instance shall az,
corporation, railroad, or person be Grim
nally or civilly liable for the m king OF an
charge or discrimination whatever. if ID
same is not in violation Of the tariff Q