The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1886-01-20

speed while running in crowded thorough
fare; 70 post its tariffs and timetables a.
proper places. and other things Of kind
dre1 character affecting the comfort con-
veaieuce, or the safety OF ihosa who are en-
titlei to look 20 the State for protection
gSiusl the wrongful or negligent eonduei
of oihers This company is uOt relieved IN
tirely from State regulation or state con-
troll IN Mis.issippi simply because II has
been incorporated by and is carrying on
business ia the other Siates through which
is road rams. While in Mississippi il can be
govern ID by Miss ssippi in respect to all
things when have not been placed by the
Constitution of The United States within
tue exclusive juris LECTION Of Congress, that
is to say, using the Ian yuage Of the eourt IN
Cqrd,nsH v. Bridse Co. llS I. 5. 20.
"wben The subjects on which IL is exertei
are national in their character ana admit
and require uniformity Of regulations a.
fectinc all States alike" Under this rule
nothing can be done by the government Of
of Mississippi which will operate As bur
den on the interstate business OF the com
paLy or impair the usefulness OF MS faeui-
lies for interstate traffic. IL is not enough
TO prevent the State from acting that the
road in MissilsiDpi is used in aid of inter
a,e cor-merce. Legislation OF this Kind TO
be uncons itutioual must be such as will
necessarily amount to or operate as a regu-
lation OF business without the state as well
as within.
The commission is in express terms
prohibited by the act of March 10, 1884,
from interfering with The charges OF the
company for the TRANSPORTATION OF persons
or properly through Mississippi from one
State TO another. The statute makes no
mention of persons or property taken up
without the State and delivered within, nor
of such as may be taken up within and
carrie without As TO this, TIE only limit
ON the power OF the commission Rs is the
constitutional author.t, OF the state over
the subject. Precisely all Chat may be done,
or that may not be dom, II rs not easy TO
say in advance. The line between the eX.
elusive power Of Congress, aud the general
powers of the State in this particular, is not
everywhere distinctly marked, AMI 1t is al
WAYS easier to determine when case arises
whether it falls on one side or the other
than to setlle in advance the boundary, so
that it may be in all respects slrlc y accu-
rate As yet The commissioners have done
nothing. There is ctr,ainly, much they
may do in regulating charges within the
State. which will not be- in cont ct with the
Constitution of the United States. Il is 10
be presumed that they will act within the
limits of their constitutional authority Il
WI be time enough TO consider what may
be done to prevent it when they attempt 10
go beyond.
8. General statutes regulating the use of
railroads in a Sac, or fixing maximum
rates of charges for transportation, when
not forbidden by charter contracts, DO not
necessarily deprive the corporation owning
or operating railroad within the STATE
of its property without due process OF law,
within the meaning of the Fourteenth
Amendment to the Constitution Of the
United States, nor take away Fl om the cor
poratiOn the equal protection OF the laws.
Num- v. Illinois, "a &. s. 1874, l35; Railroad
Co. v. Richmond, 90 u. s SO; Spring Valley
| Water Works, v. Schouier lilo U. 5. 554. Tue
great purpose of the statute now under
consideration is to fix maximum OF char
| ges, and to regulate in some matters OF
| pOllce nature the use of railroads III the
STATE. In its general scope il is constitu-
tional, and it applies equally to all persons
or corporations owning or operating rall-
roads In the Safe. No preference IS gwen
| to one over another, but all are treated
alike. Whether in some OF It's .detalls the
statute may be defective or lnvahd we 10
not deem 1t necessary to enquire, Tor this
| suit is UIOuRHb ~ liVfShN ~
ers IRON giving II any eject WhateFer
as against this company.
| 4. rhe Supreme Court of Mississippi has
decided in the cases Of Railroad Commission
v. Yazoo and Mississippi railroad Company
and RaiirOdd Commission v. Ndtchez, Jackson
and Columbus Railroad Company not yet
otic ally reported, that the statute is not
repugnant TO the constitution of the State,
SIN that it creates commission and char
ge it with the duty of supervising rail
roads" To this we agree, and that is all
that need be decided in this case As was
sal by the Supreme Court OF Mississippi,
in the case first referred to above MANY
questions may arise under ii not necessary
to be disposed ofnOw, and weleave them for
consideration when presented"
3. 1t is difficult to understand precisely
on what ground we are expected to decide
that this statute is so inconsis tent and I'M
Ger. ain as to render it absolutely void on
its face. The statute OF Tennessee, which
was under consideration in LOUISVILLE
AND NASHVILLE RAILROAD COMPANY, "
RAILROAD Commission OF TENNESSEE, l9
Fed. Rep. 6i9, IS materially different from
this in many respects. That case was de-
cided before this statnte was passed, aud il
is not at all unlikely that the Legislature oil
Mississippi made use of the decision In
framing their bill so as to avold some, II mol
all, of the objections which IN the opinion
of the court. were fatal to what had bee d
done in Tennessee. The argument on this
branch of the controversy contains much
that might have been useful II addressed
to the legislature while considering the
bill before It's final enactment, but we find
nothing in it to show that the statute as il
now stands is altogether void and inopera-
tive. When the commission has acted and
} proceedings are had to enforce what it has
done, questions may arise as TO the valid
itv OF some Of the various provisions which
: will be worthy of consideration, but we are
unable to say that as a whole, the statute II
invalid
The decree of the Circuit Court is re
versed and the cause remanded, with in
structions to dismiss the bill.
SMr. Justice Blatchford did not sitin this
case or take auy part ia its decision.
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