The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-01-20

49,
sIssIrPI, APPELLANTS. q
rHH FARnERs' LOAN AND TRtsE Con- s.
Mr.. Chief Justice WAITE delivered the
opinion of the Court g
This is a suit brought by the Farmers j
Loan and Trust Company, a New ork &
cor poration, 10 enjoin the Railroad Cem- q
mission of Mississippi FROM enforcing !
against the Mobile and Ohio Railroad Gem I
pany the provisions of the attic OIL mis- 4
sissippi passed March II. 1884, ettltied An |
act 10 provide for the reg ulauon OF freight !
and passenger rates on RAILROADS in this !
State, and to create a eommissip TO super {
wise the same, and for other purposes |
That act is as follows:
SECTION l. Be it enacted bl sthe Leg
islature OF the State Of Mississippi, That
the track of every railroad ia dlis State Is
a public highway. over which vi persous
have equal rights of transportation Tor pas
sengers and fleights on the payment OF just
compensation TO the owner of the railroad
for such transportation; and any person or
corporation engaged in transporting pas
sengers or freights over any rail padin this
STATE, who shall exact, receive, Or demand
more than the rate specified in aty bill Of
lading issued by such person OF corpora
tionor who, for his or It's advantage, or
for the advantage of any connecting line,
for any person or locality, shall make
any discrimination in transportation
agains, any individual. locality, OF corpora
ton. shall be guilty OF extortlon.
SECS. and relate TO the punishment OF
those so guilty and their liability IN double
damages To parties Injured
SECS 4And provide for the appsia'ment /
of three commiss oneTs, to be known as the |
Railroad Commission of the Stale OF Mis-
sissiDpi, presc ibe their qualifications aud |
Il .T1,a Ax hi IN and Sn h. |
iec them to penalties and punishment for
violation of duy.
SEC. D Is as follows:
sizes g. Be il further enae ed, That 1t
shaIl be the duty Of all persons or corpora
tious who shall own or operate a railroad
in this State, within thirty days after he
passage OF this act, 10 furnish the commits
sion with its tariff OF charges Tor transp9r-
t,tion of every kind aud 1t shall be the
| duty of said commission 10 revise sand
tariff Of charges so furnished, and deer
niue whether or not, and IN what pariic
ular, if any, said charges are more than
| Just csmpensation-f0rt the services TO se rem
| defed and whether or not jGst dIserlmI-
/ nation is made in such tariff Of ehal ges
| a ainst any person, locality. or corporal ION,
and when said charges are corrected, as
| approved by said commission, the comnls-
| sion hall then append certificate OF us
| approval to said tariff OF charges, but IN re
| yising or establishing any and every ia III
| of cnarges II shall be the duty Of said com
mission 10 take into consideration the char
ae err and nature of the service 10 he per
| formed and the en- ire bu-iaess of such
| railroad, together with It's earnings, from
the pa senger and other traffic, and shall
| so revise such tariffs as 10 allow u fair and
Just return on the value OF such railroad,
/ ns appurtenanceS, and equipments. and II
shall be the duty of said c mmission To
exercise watehful and careful sup Try ision
over every such tariff of charges, and con-
tinue such tar II eharg from time to time as
justice to the pubIic and each said raiii DAD
companies may require. and to increa se OF
reduce any OF sid rates according as eXpt-
rience and business opera ions may snow
10 be Just aud said commission shall ac-
! cordlngiy fix tariffs of charges for th0ss
raj ads failing to furnish tai Ifs as above
required. And it shall be the duty OF said
! raj road companies or persons operating any
railroad in this State 10 post at each
of i depots all rates, schedules, anC
! tariffs for the transportation oil pasSen
gers and freignis, made or approved
. | by said railroad commits sion, with SAID Ger
q tihcate OF approval, within ten days aftel
: said approval, In some conspicuous place
at such depot; ami IL shall be unlawfui for
any such person or corporation 10 maxi
e any rebate or reduction from such taraf il
favor of any person, locality or c rp0rati0l
d which shall not be made in favor of al
other persons, localities or corporations b.
a change in such published rates, except q
! | may be allowed by the commission; an,
when any change is contemplated to b.
. M ade in the schedule eff passenger or freigh
| rates of any railroad by the COMMITS on
e said commission shall give the person or cor
e poration operating or managing said rail
# road notice in writing at leastten days be
fore such change of the time and place a
| which such change will be considered
II SEC z IN kaS uula fIIl for a comuan,
. TO grant reductions or rebates prohibile e,
Is by he act, aud b1es a penalty for Sd doing
SEC. allows reduced rates for cerlaii
!. kinds of transportation.
= SEC. is as follows;
=, CSC g. BE it further enacted, That
7, shall be the duty of said commission to hea
all complaints made by any person agauls
a any such tariff OF rates so approved, on In
N ground that the same in any respect Is 70
4 more than just compensation, or thaG sucl
charges, or any of them, am0uat to or 0per
ate SO as to effect unjust dis1s-ss y ~,
5 such complaint pnnst De in writing, and
U spee.sS tie items ia the tariff against which
/ complaint is made and if il appears to the
commission that there may be justice in the
complaint, or that the matter ought to be
investigated, the commission shall forth
with furnish to the person or corporation
| operating the railroad a copy of the COM
| plant, together with notice, which said
.
cess is now required by law to be served on
railroad companies that at a time and
place stated in the notice the tariff as 10
said items will be revised by the commits
sion, and at such time and place ii shall be
the duty of the commission to hear the par
lies to the controversy ia person or by
coun e., or both, and such evidence may
be offered, oral or in writing, and may ex-
anime witnesses on oath, conforming o the
mode of proceedings, as nearly may be
, convenienr, to that required of arbitrators
giving such time and latitude to each side
and regulating the opening and conclusion
of any argument the commission may
consider best adapted to arrive at the truth;
and when the hearing is concluded the
commission shall give notice of any change
deemed proper by them TO be made TO the
person or corporation operating the rail
road ProUided, In no instance shall any
corporation, railroad, or person be crimi
nally or civilly liable for the ms king of any
charge or discrimination Whatever if the
same is not in violation OF the tariff OF
charges or rules and regulations prescribed
by the commission"
L SECS. 10 and II are unimportant in this
case.
The remainder of the statute is as follows
SEC. u. Be 1t further enacted, Thai
every person or corporation operating q
railroad in this State shall furnish the said
3 commission with all the information re
!. quired relative to the management of theil
respective lines, and particularly witt
copies of ali leases, contracts and agree
, ments for transportation with express
sleeping car, or other companies to which
they are parties
''SEC. IL. Be it further enacted Thai
E every railroad company shall, within TWEEN
ty four hours after the occurrence of an5
: accident to train, attended with seriou:
personal injury on any portion of lis line
}, = kal 1ft 20
OF the same TO the railroad comm ssioners
!, who. upon information of such accident
may repair or dispatch one OF
more of their number to the scene of SAID
accident aud inquire into the facts and cir
: cumstances thereof, which shall be record
. ed in the minutes of their proceedings and
: embraced in their annual report.
SEC. IA. Be it further enacted, Thatth,
commission shall make annual reports tt
: the Governor on or before the first day o.
January in each year, for transmission 4
f the legislature. of their doings for the Feal
4 ending on the Both day of September mex
r preceding. containing such facts as vii
disclose the aclual working of the railway
RI syste M in this State, and such suggestions
as to the general railroad policy OF the State
as may seem to them appropriate
SEC. 10 Be it further enacted That II
shall be the duty of every railroad company
? or person operating railroad IN this Star e
TO make quarterly returns Of the business
| of said railroad TO the railroad commission
, of Mississippi, which returns allembrace
ali the receipts and expenditures of said
railroad, and to be made aceordingfo forms
/, furnished by the said railroad commission.
ers for that purpose.
SEC. 16 Be il further enacted, That the
quarterly returns herein provided shall be
made as aforesaid within thirty DAYS after
J the end of each quarter TO which they relate.
J and any railroad company, or persons oper.
ating any railroad in this State. which snail
fail or refuse to make the quarterly returns.
as provided for in this act, shall forfeit Ia
|, the State Of Mississippi, fifty dollars FOR