The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-01-14
RAILROAD SUPERVISION.
The Mississippi Railroad Commits
sion Bill Declared Constitu-
tlonal.

WASHINGTON. Jan. 5-Thc Su-
preme Court yesterday rendered the
following decisions
No. 722 John NJ. Stone ard
others, composing the railroad com
mission of the state al Mississippi
against the Farmers Loan and
Trust Company. Appeal from the
Circuit Court for the District OF
Mississippi. This is one of the
Mississippi Railroad Commission
cases. 1t was brought by the Far
merS' Loan and Trust Company, of
New York, to enjoin the Railroad
of Mississippi from
enforcing against the Mobile and
Ohio Railroad Company the provis
ions of the statute of Mississippi,
passed in 1884, to provide for the
regulation Of freight and passenger
rates in the State, and Tor other pur-
poses.
The statute declares that railroads
in the State are public highways.
over which all persons have equal
rights, and makes any discrim!-
nation in rates a penal ofense.
1t further provides for the ap-
pointment of n board of commission
ers and confers upon it the power of
revising the tariff of charges and of
exercising a certain degree of super
vision OF the roads.
The companies are required to
make certain reports periodically to
the Commissioners The officers OF
the road are made liable to fine
tor violation of the Act, which fine
may be collected through the courts.
This and certain other acts relating
to the chartering and control of the
State are cited at length in the opin-
ion.
The Circuit Court rendered a de
cree allowing an injunction, and
from that decree the commissioners
appealed. The argument in support
of the decree is that the statute un-
der which the Commissioners are to
act impairs the obligation and char
ter contract of the company; that ii
is q regulation Of commerce among
the States; that it denies the com
pany the equal protection OF the
laws and deprlves it Of its property
without the process of law; that it
conters both legislative and judicial
powers upon the Commission, and
is thus repuguaut to the Cnnstitu-
ton of Mississippi, and that it is
void on its face by reason OF its III
and uncertainties.
The Supreme Court fhds that the
charter of the company contains no
contract the obligations of which
ale in any way impaired 10y the
statutes under which the Commis
sioners act.
1t finds that the Commission is in
express terms prohibited by act Of
the Legislature from interfering with
the charges Of the company for the
transportation Of persons or proper
~ through Mississippi, from one
State to another. The Commission
crs have a. yet undertaken nothing
in conflict with the Constitution Of
the United States. The great pur-
pose, it SAYS, of the statute in qucs-
ton is to fix a maximum Of charges
and to regulate in some matter OF n
police nature the Use Of railroads in
the State. In its general scope it is
constitutional and it applies equally
to all persons or corporations oper
ating railroads in this State.
The Supreme Court Of the State
of Mississippi has already declared
that the statute is not repugnant to
the State Constitution, and in this
opinion the Supreme Court OF the
United States concurs.
1t is difficult to understand, the
opinion says in conclusion, precisely
on what ground we are expected 70
decide that this statute is so incOn-
sistent and so uncertain as to render
it absolutely void on its face. The
argument on this branch OF the con
troversy contains much that mi ght
have been useful if addressed to the
Legislature while considering the
bill before its final enactment; but
we find nothing in it to show that
the statute as it now stands is void
and imperative. When the Com
mission has acted and proceedings
are had to enforce what they have
done, questions may arise as TO the
validity of some OF the various pro
visions which will be worthy of con-
sideration, but we are unable to say
that. as a whole, the statute is in
valid"
The decree of the Circuit Court
was reversed and the case remanded
with instructions to dismiss the bill.
The opinion was delivered by the
Chief Justice.
THE ILLINOIS CENTRAL AND NORTH
EASTERN CASES.
No. 12-John Stone, ct. ais, Rail
road Commissioner of Mississippi,
appellants, VS.. the Illinois Central
, . 4 a