The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-01-13
Representative Barksdale ON tn,
Railroad Commission Decision.
Special to the Times-Democrat.l ]

Special to the Times Democrat.
WAsHTxGroN, Jan. THE Senators
and Representatives from Mississippi
have been slow to express themselves
concerning the decision of the Supreme
Court in the railroad commission case
brought here from that State, and which
just now is occupying SO much atten-
ton in both railroad and political cir
cles. They have preferred to read the
decision with the care that its impor-
tance deserved and demanded before
giving out for publication anything on
the subject. To day, however, the
Times Denlocrat correspondent, in long
conversation with Mr.. Barksdale, gath
cred what may be characterized as the
Mississippi view Of the case.
Mr.. Barksdaie. by the way, is particu-
larry we'll qualified to discuss the mat
ter. since it was he who drafted the
Democratic State platform of 1877, in
which a commission to supervise the
charges Of railroad companies was hrsI
advocated. Every successive Demo
cratic State convention of Mississippi
reafiirmed the doctrine until in 1888
after a bitter fight, the State Legislature
enacted a law eGIbodying the doctrine
Sif. Barksdale, therefore, may be cfn
,idered as M sact the father of the law
He said to day: g The court decided
that there was nothing in the charte
| of railroad companies WINCH prevented
the State from passing the IAN to super
wise them, and to appoint commission
TO carry that law iuto effect; that tir.
| law is con. titutiOnal and that there wa
| not the room to- assume that the com
mission would transgress the bounds o
the authority delegated to it. The cour
below announced the doctrine that on,
Legislature could alternate the power o
a subsequent legislature and restrain j
from controlling corporations. 1t
significant that the Supreme Court doe
not affirm this dangerous doctrine.
is clear from the decision that the Stat
can recover from the railroads the at
torney's fees spent in defending th
eases, and 1t Is reasonable inferenc
that it can also recover from the raj
roads the salaries of the commission
which, while pending the litigation
TREY were restrained from rendering an
return for"
ssDp you see any reason why this ds
cision sh3uld so oppress the railroads
To discourage them from further deve
oping your State y
None whatever There is no desil
to oppress the railroad companies. @
the contrary, the people of Mississippi
hold out all reasonable encouragement
~ such enterprises. But they have
right TO provide protection for ther
selves against unfair Determinations an
oyercharges. and that was all they Ina
in view in enacting the law. The Ia
does not stand alone on the statute book
Ii is in the line of legislation adopted .
the subject by twenty sever other Stat.
aud which promises 10 govern the si
ject by national enactment at no dista
, , day."
You do not question, then, the &C
stitutionality OF the proposed intersta
commerce bill?'
.sNo, nor do see how any man e.
( There are great legal authorities on /
question frnm Chief Justice Marsh
9 down, all affirming the right of Congr
; to control the commerce between /
States.
rs Senator's George and Walthall 8
e. Representatives Van Eaton. Morgan !
'e Barry all concur in Mr.. BarksdaIe's 4
= !, as TO the real purport Of the Suprs
a Courts decision.