The Opelousas courier., 1886-01-30

The supreme Court on Railroad
Commissions.

giving ls the power o~ffeyising the
tariff of charges and of exercising \
certain degree of supervision over It's
roads, is the strongest and more yipor-
GUS enunciatiof of the right of a State
to control the lines within its limits
The court could not have stated this
proposition more clearly or broadly
1T is difficult to understand, ,'ait says
precisely on what grounds we are ex.
pected to decide that this statute is SO
inconsistent and so uncertain ais to
render il void" It hints that some
provisions Of the act may possibly be
found invalid when puf III force. bnt
tliaf.tile statute itself, as Il whole, aud
the principle it ~inculcates are undonbt
edly valid and constitutions,
In SO deciding and in taking uI the
various sections Of the bill, against
which complaint was made, the United
States Supreme Court specially ap
proves each of them us proper aud con
s~tltutlonal. Among these provisions
thus laid down as within the power OF
the Legislature are the following:
Control Of the railroads or public
highways.
The power To prohibit discrimina-
ton in rates, and to make any viola.
ton of this provision a penal o%ffense.
The right to create a railroad com
mission, with supervision over the
roads and with power to revise Their
tariffs of charges.
The right to compel railroads to re-
port to the commission periodically.
The right 70 fix responsibility Of the
officers Of the road for non compliance
with tile provisions of this act.
In legislating to this effect the Su
preme Court declares the Legislature
of Mississippi has done nothing rel,ug
nant 10 the State Consultation, nothing
prohibited by the Constitution DC the
United States. Hecnuld not of. course,
interfere with the transportation nf
persons or freight passing from one
State to another through Mississippi,
but it can control them In all cases
where the transportation il wholly
within Mississippi.
The statute in question which forms
the basis of this decision was passed by
the Legislature of Mississippi IN 1884
It provided, like similar acts III other
States, for i railroad csammission, with
power to revise the tariff charges, and
with exercise Of soine sort of supersis
ion user the railroads !: aud it required
the roads to report to the commission
on matters over which the latter had
| cuutrof.
The railfnads which Ind etfs4geii
cally opposed the act ai once brought
suit to prevent its enforcement. The
Farmers Loan aud Trust Company III
New York, which representa- one Of
the roads in this matter, as we'll as The
Northeastern and Iilinais Central, wett.
the plaintiff in these snits, obtaining
nm injunction which prevented the TX
scntion iii tho stutnta OH tlte ground
that ii impaired obligations and con-
tracts made with the colnpatty, that 1t
sought TO regulate interstate commerce..
and finally that il endowed lie COM
mission with legislative and judicial
functions. All thesp points were pass
ed on in the Supreme Court, and dc
eidesl mt well taken
The decision ii III deep interest N
tile wlat3le country as seiEiing II matter
over which there has been great dis.
pnte- a large nuineef OF stHtts hast.
Created railroad commissions anu eu
deayoresl 4. stnatlns me falif'aas VIII
~ their limits, ana IS pat ~ e'ti g
tue preValiihg system 81 aiscrimsniatloi
Wnicla has severely siiIecten commerce
~ some PORTIONS q rssoaN1 ,eN
VIII as gaisi, Tsl'eTsitist 20 enc exactly
how iaf they can 81 what 'hey nave
conifal OYER am MA. my eap fss
LATE, s. u algiiiy pfoasaafe a'sos ahat
thasaassIsioitsWiii lssfe u, eHesl nas9n
ihs sis1ions measures aasiase Soassfss
relative 90 interstate e'all'''eicfs
Miills S places u MI.,haa pa''sihse
% q state 20 coils1oi ahe faliIoais Mleil-
~ lts limits gilat psaNss sles WIN Is
poaahnafy NJ
saetsIoTe po1n1s 81 uansisAa
Sasttss sheir VII " W. sV'lsi 8.
Enaige1aenAsoesWesa .sselt sesas'ss Ut
|roaa commissions WHEN = los aiMilAs
70 PC counted oh. 49, 'se
feasiai 0~oserlnlehs = g1asieea pse'aa
cohtrol oSef lntsIs.a'8a e~o.h'as.ss S
ETH seep1 II ~ snppas w a aIsas'ss'. /.
IN 1a'aaoh.a o'haa1ss.'' HI !. ! J
ars aos alasa - as' ans S .s' aaaaspss , W. s.
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