The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-12-22

burg and Meridian Railroad, that athe
Receiver speaking through his attorney
still denies the power of the Commission /
to regulate freight rates"
We find in the petition filed by the ,
Receiver in the Federal Court the para
graphs following:
The Mobile and Ohio Railroad crosses
the Vicksburg and Meridian Railroad at
Meridian, bringing, under the guarantees Of
the condition Of the United States and laws
passed in pursuance thereof Western pro-
ducts OF bacon, grain, -four, etc, from St.
Louis, in the State CT Missouri, and Cairo,
in the State Of Illinois, and other markets
beyond the limits of the State, while the
Illinois Central crosses petitioners railroad
at jackson, bringing similar goods from
the same markets, and the reduction re-
Gently ordered in circular %, of said Com
mission will interfere in the Interstate |
commerce of petitioner and enable said |
railroads to avail themselves of the great |
reduction in rates which has been made on
the Vicksburg and Meridian railroad and |
necessarily result in giving petitioner
short hauls at cheaper rates.
And petitioner further charges and states
that the said tariff % is burdensome, I'M
equal, oppressive and unjust, and to en-
force it would be to deprive the said
Vicksburg and Meridian Railroad Company
OF its property without due process of law
and to deny it the equal protection OF the
laws in contrayention of the fourteenth
amendment OF the Constitution of the
United States and to eoncede to the said
Railroad Commission the jurisdiction to
regulate commerce between the several
States of the Union, and that the said
Railroad Commission has no authority or
right to prescribe such tariff rates to be
charged by Receiver operating railroad
under the orders of this court.
The premises considered petitioner prays
that the said Railroad Commission of the
State of Mississippi be compelled to answer
this petition and that at the hearing their
said passenger tariff of three cents per
mile, and their said freight tariff as fixed
by said circular 26 be adjudged to be void
and of no effect in respect to the Interstate
trattc of said railroad and otherwise to be
unreasonable, unfair and unjust and in
operative upon your petitioner, and that
the former passenger tariff rate of four
cents per mile and petitioners freight
tariff IN effect prior to August LIST, 1886, be
adjudged to be fair, reasonable and just
and petitioner be allowed during his con-
tinuance in Office to exact, collect and re-
ceive the said passenger and freight tariffs
and that the said Railroad Commission he
enjoined from initiating, conducting or
concluding any prosecution against this
petitioner for failing and refusing to abide
by and obey their said unfair and unjust
tariffs.
This petition was filed by Maj. Bond,
the Receiver, after the decision of the
Supreme Court Of the United States
that State could not regulate inter-
state hauls had been delivered, and at a
time when the Railroad Commission
had abandoned the intention to regulate
such hauls. OF the quoted paragraphs,
the first speaks of "inter. state coEl-
merce," the second, of commerce be-
tween the States of the Union" and the
third, of Interstate traffic" but obvi-
ously the kind of commerce" or "trafie"
referred to is that mentioned and de-
scribed in the first paragraph, the regu-
lation of which, the Receiver charges,
will enable the Mobile and Ohio and the
Illinois Central Companies "to avail
themselves of the great reduction in rates
which has been made on the Vieksburg
and Meridian railroad and necessarily
result in giving petitioner short hauls
at cheaper rates." From all which we
: understand that when the Receiver
prayed the court that the freight tariff
as fixed by said circular 26 be adjudged
to be void and of no effect in respect to
the inter state traffic of said railroad, D
he invited the court to declare that the
Commission were without power to fix
rate for the transportation of any
freight which may be brought to Merid-
ian by the Mobile & Ohio railroad or to
Jackson by the Illinois Central railroad,
else why did he charge that the reduc-
ton in the freight tariff ordered by the
Commission twill interfere in the inter
state commerce of petitioner and enable
said railroads to avail themselves of the
great reduction recently ordered
and necessarily result in giving petit
toner short hauls at cheaper rates
Manifestly the Receiver prayed the
court to deny to the Mobile and Ohio
and the Illinois Central railroads, or
shippers over either of them to Jackson
or Meridian, the benefit of the reduction
in the local rates of the Vicksburg and
Meridian railroad, fixed by the Com
mission.
| Col. Nugent says our statement that
Judge Hill has ignored the Commission
is not sustained. We made no such
statement. The Commissioners in their
letter to Senator's George and Walthall
and the Attorney General say:
The Federal Court in Mississippi has
assumed TO authorize the Receiver of a
road wholly within the State to disregard
and ignore the rates fixed by the Railroad
Commission on freight transportation from
one point to another within this State.
We think that this statement accords
with the facts; and i. is not reply to
it to tell what Judge Hill did with the
Commissioners passenger tariff.
We repeat that the Receiver has snap
ped his fingers in the face of the State,
and we think Col. Nugent has furnished
abundant proof that we spoke advisedly
in the first instance. The Receiver dis
regarded the tariff fixed by the Com
mission and reported his action to Judge
Hill who ordered him to make out
new schedule and submit it to the Com
mission for revision. This, as we think,
no court had the right to do.
The substantive proposition contained
in the paragraphiound in the Receivers
petition and secondly above quoted,
'that the said Railroad Commission has
no authority or right to prescribe such
tariff rates to be charged by Receiver
| fiperatiDp a railroad uDder the order of