The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-03-10
The Constitution Of 1882.
We have heard il said that the pre-.

we nave neard IL SAID that the present
Constitution of Mississippi is, in the
main, a copy of the Constitution of 1882;
and upon this assertion is based the
opinion that it ought not 10 be sup
planted. Like all the objections which
have been inrerposed to the.desire of the
people TO have Constitution of their
own making, this is very weak.
Admitted that the Constitution of
1869, in its most important features, isa
copy of the Constitution of 1882, which
we deny, and it seems to US that its age
alone would suggest that its day of use
fitness is past. Fiftyfour years Is
long enough to expect any Constitution
to do duty.
Among the most serious objections to
the present Constitution, and one which
of itself, makes Convention necessary,
is that it leaves too much power in the
Legislature This is an objection to the
Constitution of 1882, also.
In testing State laws whose validity
has been attacked because of want Of
power in the Legislature TO enact them,
the rule of construction acquiesced in by
all the courts, is that all powers not
denied to the legislature or committed
to some other department of the Govern
ment by the Constitution, belong to the
Legislature; which is equivalent to say
ing that the Legislature, unless restrain
ed by the terms of the Constitution.
may do anything-.that the people could
do. All power being inherent in the
people, the Legislature, as the represen-
tative or agent of the people. has thai
power, except as tie people have seen fiji
to reserve it in the Constitution.
In all the modern Constitutions OF
other States, many wise restrictions not
found in the Constitution Of 1882 or 1869
have been thrown around the law-mak.
ing department, and the tendency is to
still further restrict that department
These restrictions are in the nature Of
an assertion by the people that they viii
only intrust their agents, the law
makers, with such power as it may b,
necessary for them to have in order Il
administer the government wisely; anC
will deny TO them such power as it MAJ
be dangerous for them to possess.
The most dangerous power whicl
the Legislature of Mississippi has unde
the Constitution of 1862 and which i
mad under the Constitution of 1882, j
that which enables it to grant irrepeal
. able charters or Acts of incorporation
The danger of intrusting this power t
the Legislature was not foreseen in 1882
but it Is apparent now. We give a
example of the abuse Of this power b
the Legislature:
! Until 1882 no railroad company j
f this State was protected from Stat
regulation of its rates, by what is know
q as the maximum clause" in its charter
. but in that year the Chief Justice of tn
. Supreme Court of the United State
y having intimated that such a claus
. would estop the State from further res
ulation eff rates, the attorney who draf
!, ed the charter of the YazoO and Missi
!. sippi Valley Railroad Company inserte
that clause in it, and the charter in ths
shape was granted by the Legislature
From this, it may be seen that the LIE!
islatnre attempted, by the use of tI
very words against which it had bee
warned by Chief Justice Waite, to d
: nude the State of the power to regulat
o the rates of this particular corporation
q This course was censurable for two re-
sons: /. 1t was an effort to deprive I'll
a State of power which it was endeavo
q ing to exercise; and, ,. 1t was graz
,. of privilege to the Yazoo and Missi
d sippi Valley Company, which no otht
railroad corporation in the State pc
sesse6.
Under this privilege this compan
E may charge 65 cents per hundred pound
for transporting first or second clai
freight 10 miles, service tor which
cents would be ample compensation
and the permitted rates on ether classt
i are equally unreasonable.
But another circumstance to sho
e that the right to grant irrepealab
II charters should not remain with. the LIE,
islature isfound in section of the chartt
of the Yazoo and Mississippi Vale
i Railroad Company, by which, not col
r tent with having the special privileg,
1t not granted to other companies. of reg
D ulating its rates within a stated max
e mum, it sought to get the power to col
/, fer the same privilege on any other con
pany "in or out" of this State b
n consolidation, and the next thing "
+ expect to hear, especially if til
p Railroad Commissioners shall d
r their duty, as we think they vii
e is that the Yazoo and Mississippi
e Valley Railroad Company has consol
idated with a railroad company sin
0 this State, to-wit: The Illinois Centr,
II Railroad Company. The language
II point, to be found in the fifth section {
} the charter, is as follows:
T Sec. \ Said company ma
e consolidate with any other railroad con
pany in or out of the State of Missis
= sippi, upon such terms as the consolidat
ing company may agree upon,
and upon any such consolidation, th
o consolidated company shall have an
t enjoy all the property, rights, privileges
? powers, liberties aud immunities an
: franchises herein granted.
! No wonder that the last Democrat
q State Convention adopted a resolution
i practically without opposition, calm
on the Legislature to submit an amend
a ment to the Constitution, which shout
stand in the way of all similar legisla
: ton.
Congressional.