Weekly commercial herald. (Vicksburg, Miss.) 1884-18??, 1886-02-26
OUR RAILROAD COMMISSIOE
ERS AND THEIR CLERK.

In the act, creating the Commission
to supervise railroads, passed by our
Legislature in January, 1884 it will
be seen, by referring TO chapter % of
the sheet acts of that year, that the
provision made for the employment of
a clerk is a conditional one. See page
SO.
The law says the Commissioners
mag, not shall, employ a clerk at an
annual salary not to exceed 81 500.
We take it that the trainers and friends
of the law in using the word may in
tended that it should be discretionary,
not obligatory with the Commissioners
to employ a clerk in the event that
a necessity should arise for such en-
ployment and, with the further idea
that no clerk was to be employed nm
less there WdS a necessity. Were this
not the intention of the trainers of the
law they would certainly have created
the office Of clerk as a part Of the CON-
mission, or been wholly silent as to the
appointment of one. This was the
ground taken, at the time of the ap-
pointment OF the present clerk, by his
friends, when it was charged that he
was holding two constitutional offices
that of deputy clerk Of the State Su-
preme Court and clerk Of the Railroad
Commission. NO." said they, she is
not holding two offices at one and the
same time, the clerkship Of the Com
mission is not an office, the bill knows
no such office, but simply says the
Commission mag appoint d clerk"
1t is generally known that after the
passage of the law, and its approval
March 11th, 1884, by the Governor,
the latter appointed three Commits
sioners and they at ono organized as
a board. Among their first official
acts was the appointment of a clerk,
Notwithstanding there was every rea-
son to know that there would be no
immediate use for his services j.; for it
was no secret that the Commissioners
were to be enjoined by the railroads
as soon as they attempted to
interfere with them. Everybody
expected it, in fact the Commissioners
knew they would be enjoined, and,
knowing this, it is but natural to sup
pose that they also knew that while the
INDUCTION suits were pending in the
courts much time would be consumed
before the constitutionality Of the law
could be determined, and that there
fore there would be nothing for the
Commissioners to do but to await The
result. If there was nothing for then
to do, why the necessity for the ap-
poinment of a clerk, who of course
would like themselves have nothing 70
do until the suits had been determined :
Well, they were eDjoined and for near
ly, or quite twenty months the Com
mission was, if not "functuS oticio,"
at least in a state Of importation. Yet,
in all that time the Commissioners not
only drew their salaries-a right we
shall not question-but permitted their
creature, a useless clerk, without any
warrant or authority of law to draw
from the State Treasury in the aggre-
gate some $4,000, for which he has not
rendered services to the value 500. If
he has, let them show it.
Now, we ask, il the Commissioners
in permitting this, have not shown not
only a neglect of their official duties,
but an utter and reckless disregard OF
the money of the taxpayers? Have
they not shown by such conduct their
u~nhtness for the trust imposed on
them, and thereby disqualified them.
salves for reappointment to the posi-
tions to which we learn each and all Of
them aspire?
The commissioners are each under
bond of $4,000 for the faithful per.
Torrance Of their official duties. Have
they been faithful? is the question. II
they have not been, and we believe
we have shown that they have not,
they should be made to recover into
the Treasury of the State any moneys
unlawfully paid out to said clerk, and
if necessary their bonds should
be put in suit to that end.
In making these comments we are
dealing with officials, not individuals.
Personally, we have nothing against
the Commissioners, in truth, we have
nothing but the kindliest feelings for