Weekly commercial herald. (Vicksburg, Miss.) 1884-18??, 1886-01-15

Indeed 20 may Be truthfuIiy SAID That !
Mississippi had q solid exhibit, and in
the language Of the distinguished
Commissioner, Major Jonas, when
'sshs made her bow to the world at
New Orleans" her exhibit was at
ones recognized as being among the
very best In the Government Build
ing. For this result the State is
largely indebted TO her able and
indefatigable Commissioner, to whose
report you are referred, for the details
Of Mississippi exhibits at New Or
leans.
THE NORTH. SOUTH AND CENTRAL
AMERICAN EXPOSITION,
at New Orleans, is now open to the
public, and most Of the States, Terri
tories and many foreign countries are
present with their exhibits. The man
agement made a generous donation to
the several States to aid In defraying
the expense Of their exhibits. With
this sum we have been able to
supplement and improve the excellent
exhibit Of last year. l appointed MI.
Ramsey Wharton to represent
the State, and to his industry, tact
and experience we are indebted for the
attractive display in the Mississippi de-
partment.
TIE RAILROAD COMMISSIONERS,
appointed in pursuance of the act of
March IL, 1884, were enjoined short
ly after their organization, both in the
State and Federal Courts, from pro-
ceeding to enforce the statute, and
from interfering in any manner with
the business and operations of the
railroad companies. The suitsin the
State courts were decided adversely to
the Commission, and they appealed to
the Supreme Court of the State. This
court held that the State had the pow
er originally to prescribe for a railroad
company, created by it, the rates of
compensation to be charged for carry
ing passengers and freights within its
limits, and that any exercise of this
power, which does not hinder or bur
den interstate commerce or obstruct
its freedom by discriminating against
persons and property Of other States,
is not an infringement of the cOnstitu-
tional provision which vests in Con
gress the power to regulate commerce
among the several States;" that when
"A charter of a railroad company au-
thorized the company in general terms
Ito fix. regulate and receive tolls and
charges for the transportation Of per-
SONS and property" the State does not
thereby ~rellnquish the right and power
to secure reasonable charges. An
nexed to every such grant, there is an
implied condition that the charges fixed
shall be reasonable, and it is compe-
tent for the legislature to enforce the
observance of such conditions by APP
propriate means. But when the
State has granted to a railroad com
pany the right to fix within maximum
limits the rates at which it will trans
port persons and property, the State
cannot afterwards, the court held, in
terfere with the charges fixed by the
company if they are within the lin
its prescribed by the charter.
Under these decisions there is
nothing in any such provision in a
railroad charter which inhibits the
State from appointing a railroad
commission or other agency to see
that the charges in the one case are
reasonable, or in the other, that they
are within the charter limits, or
which renders it unlawful to enforce
such police or other reasonable regu-
latiOns as the State mayadOpt for the
government of railroads within the
State, in the interest of the COM
munity, as long as such regulations
are consistent with the full enjoyment
of the chartered rights of the COM
panies. From these decisions only
the Natchez, Jackson and Columbus
Railroad Company, which had no
maximum of rates prescribed in its
charter, prosecuted an appeal to the
Supreme Court of the United States.
The suits instituted in the Federal
Court were also decided adversely to
Commissioners, and they took an APP
peal to the Supreme Court of the
United States. That Court has re-
Gently delivered an opinion reversing
the District Court unfolding the con-
stitutiOnality of supervision law in
all particulars. The Legislature APP
propriated twenty-five thousand dol
lars for the salaries and expenses of
the Railroad Commissioners and pay
of Clerk. The Attorney-Genera de-
cided that no part of the sum could
be used TO pay attorneys fees or
court costs in the litigation in the
several courts before mentioned. /
therefore advanced out Of the contin-
gent fund to Hon. j. w. G. Watson,
whom I employed to represent the
State in all the cases, the sum of
$1,000 on his fee, which, under the
provision off, 2643, Of the Code, the
Legislature will be called upon to fix
at this session. ! also paid court costs
to the amount of $760.35; proper
vouchers for all of which will appear
in the statement Of the contingent
fund to be rendered hereafter.
You are referred to the report of
the Railroad Commissioners for full
information as to their acts and do
ings and the difficulties encountered
in enforcing the statute. l invite
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