The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-12-01
GRENADA, Miss, Nov. %, 1886.

GRENADA, Miss, Nov. %, 1886.
Hon. ]. F. Sessions Hon. VIM. Melville, Hon. J
c. Kyle, r. r, Commissioners;
GENTLEMEN-Your letter dated 18th
inst, (post-marked 2lst) reached me on
22d, and beg to assure you that you do
not overstate the interest l feel IN the
subject about which you ask for pub
lie expression of my views.
Since the agitation of this subject
began in our State, | have favored the
reasonable regulation by law, within the
limits of the Constitution, of Transports
ton charges by railroad corporations.
TO this position | became committed
as a Democrat of Mississippi, by plat
forms of my party unanimously adopted
by State Conventions, first in 1877,
again in 1881 and afterwards in 1885.
Neither of these conventions professed
to deal with the then unsettled constltu-
tional questions involved, as none could
foretell with certainty, though many
had defiued views upon the subject,
where the limits of the regulating power
would be set when the highest court in
the land should come to pass upon these
exact questions
All of them, however, | consider meant
to commit the party to the expediency
of supervising railroad corporations by
law, if constitutional authority Tor 1t
could be found, and to commit it further
TO some practical exercise of this power
if any such existed. And | think that
the implication of these committais was
that the power should be searched for;
and il it could be found, it seemed t.
me desirable, independent of party
pledges, that it should he temporarily
but firmly exercised to prevent the arb
trary absorption of an undue proportion
of our State products in the expense of
transporting them to market and return
ing those articles for which these pro-
ducts are exchanged.
The principal points where these ex-
changes are made being outside of Mis-
sissippi, and finding in the State nc
AUTHORITY under which the evil mentioned
could be prevented, / recognized my
obligation when | was commissioned to
the Senate to contribute, if | could, to
the exercise of the power in question by
the Congress of the United States, where,
according to the tendency of judicial
opinion, it seemed to be lodged. Touch
ing that power, in the course of the
debate which you have referred to, /
said;
ssThose who make the laws for the govern ment of
the people should see it that the power of super
vision and control 10 which have referred should
be lodged somewhere that il may be exercised for
the security Of the people against wrongs, whether
existing or threatened, or even possible Ac-
eording 70 the Interpretation OF the Constitution
which IS generally, though not universally accepted
at this day. the states pOwerless to afford protec
ton which will be at substantial and adequate
Their railroads are parts or appendices Of great
trunk lines over which their business in large part
i conducted. Much OF their traffic IS with other
states and the Constitution gives the power not TO
them but 10 Congress to regulate commeTee among
the States. Take my own state for example and il
is not singular in this regard. The railroads IN
Mississippi except one or two very short lines, are
all interstate roads, running N other states as
well as that or are branches connections OF such
as do so run, over which traie passes between the
States"
And the following extract from my
remarks on that occasion will show what
/ considered the principal transportation
troubles with us in Mississippi:
s.The matter OF transportation from one state TO
or through another is considered Constituent of
interstate commerce itself, with which Congress
alone can deal and that TO be the protection
against conflict in the legislation OF different States
each regulating the transportation IN favor OF its
own products and its own people, In my own
state the principal Complains OF charges On
reishts nom points in Mississippi 10 New Orleans,
Memphis and Mobile TO New York ard Eastern |
cities and TO ST. Louis, Cincinnati and Louisville,
from those cities to points IN MISSISSIPPI. The
rates ON shipments from one point to another In |
the state are sometimes criticised, but these ship
rts are anaparatisey light, and the real trouble
* as to charges on cotton lumber, and few other
things sent out OF the state, and provisions and
goods OF various kinds brought there from the cit
ies named and other points outside the state
Holding the view / have expressed as
TO the power of the State | could not |
faif to foresee some of the difficulties at
tending the enforcement of the State /
law under which you are acting, but /
did not anticipate such an one, arising /
out of the action of a court, as that |
mentioned in the passage of your letter
where you say
s.The Federal Court in Mississippi has assumed
10 authorize the Receiver OF road wholly within
The state l. disregard and ignore the fixed BY
the Railroad Com i~sion on freight transported
ms date under the projecting Hgts OF that tribu
nal. ia advance OF AM trial s1d dissemination OF
Vic ksbars 4 Meridian RailToad is penny deiyiEg
he state LAWS aud state authority by operating 4
ariH OF cnar4es higher than that liked By the Com
uission aud when diseriminates between points on
Is line. etc.
Without the opportunity to inspect
ne Die30AH2- QE QCN41AOA HI t1tc Case
AN conceive of no ground on which such
.ction as you attribute to the court can
10 supported, there being not even the
,retext, according to your letter, that
he rates fixed under law of Mississip-
i for the internal traffic of the road, /
we're adlndged 20 be unreasonable.
annot imagine that the insolvency of I,
he company, which. as ! suppose, led to {
be appointment of the Receiver, can :
urnish any reason for discriminating in !
avor OF such company or those in
barge of its effects
The Commission will probably be adj
ised by its counsel TO more fully test
be authority Of Federal court In such J
case, since it Is the settled law that .
here resides in State a power of gov
rnment' nos lightly TO be Invested even
> the states own act, in the exercise of t
Thich it may, when other States are not 8
fected, regulate charges by railroad
on panies tor the transportation of per- /
Bns and property within its own iuris- t
lotion. "A
Returning 10 the difficulties arising /