The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-01-06
The Supervision Cases.

The press dispatches from Washington
contain a synopsis Of the decision OF the
supreme Court of the United States in
the Railroad Supervision cases, from
which 1t appears that The decision Of the
Supreme Court Of Mississippi has been
fully sustained.
There were two grounds of objection
to the Act creating the Commissi
mainly urged y hen the cases were or
rial in this State. One was that the
Act impaired the obligation Of the con
tract between the State and the Railroad
companies, and the other, that it pro
vided for a regulation of commerce
between the States, subject over which
Congress alone had jurisdiction. As to
the first point, it is decided that the char
tiers OF the several companies contain n"
contract obligations which are in any way
impaired; and as to the second, it find-
| that the Commission is in express terms
prohibited by the Act of the Legislature
from interfering With the charges of the
companies, for transportation of pers 1ns
or property through Mississippi from
one State to another This, we take It'll
lis equivalent to a decla.atinD tA- - H
provision contained in the Act under
consideration authorizing the Commits
zion to regulate tariff from points with
out this State to points within the State
is constitutional, and that the court
adheres 10 the views announced in the
case of Peek a. Chicago and Northwestern
Rdit,cay, published in 4th Otto, which
Judge HUI overruled.
Now that the power Of the State to
regulate railroad companies has been
recognized by the highest legal tribunal
in the land, we shall look for that degree
of conservat sm and fairness in all
future legislation on the subject, which
the material interest of the people and
the companies seem to require. Indeed
we regard the decisions as fortunate
one for the companies, though it is
wholly adverse to their claims.
The following is the synopsis referred
to- the opinion being rendered in the
case of John IT. Stone ct al U. The
Farmers Loan and Trust Company:
The Supreme Court finds that the charter
| Of the Company contains no contract OBJ
| legations which are in any way impaired t,y
the statute under which he COMMISSIONS
are acting Ii finds that the Commission
| is in express terms prohibited by tn act oi
the State Legislature IRON interfering with
The charges of the Company for traI,sporta
ton of persons or property through Misris-
sippi from one State TO another The
Commissioners have, as yet, underta aiken
nothing in conflict with The constitution OF
the United States. The great purp ,se OF
the statute in question, is 10 hx MAXI
mum OF charges and to regulate, in sune
! matters of polic,. nature, the use Of rail
! roads in the Stale Inits general scope i;
is Constitutional and applies to all per.
sons or companies owning or operating
railroads in The State. The Supreni,
Court Of the State OF Mississippi ha,
| already declared that the statute il
not repugnant 60 the State Constitution.
and in thus opinion the Supreme Court oil
The United States oonenrs. 1T is difficult
To- understand" the opinion says in con-
curing, precisely on what ground we are
expected 10 decide that this statute Is So
inconsistent and unee rtain as To render il
absolutely void en- its face. Arguans nt on
this branch OF the controversy contains
much which might have been useful if ad !.
dressed To the Legislature while consider
ing the bill bei.re lis fin.,l enactment; but
We lind that il tails to show that the stat
ute as I. now stands l. altogether void and
imperative. When the Commission has
act, and proceedings are had TO eIfioin
what they have done, questions may arse
as'io the validity Of some yarions provis
IONS, which will be worthy OF consideration:
but We are unable 10 say that AZ whole
The statute is Invalid The decree of the
Circuit Court was reversed, and the cause
r.iDanded with instruct ons To dismiss il
The opinion was delivered by The Chief
Justice. Justices Field aud III srlan dis
- nted from certain parts oil the opinion al
expressed, but concnrred in the judgment.
Justice Blachferd did not sit in this case.
or take any part in lis decision. In two
other cases, those OF John IL Stone Il aEs
r. the Iiisois Csntrul Raiiroad Ccsapaav ,
and John M St'ase It ais, u.s. he Near o.
teuRs q Northeastern Railroad Cssmpanp
| deVisishs were rendered in accordance
wish the Case III Some rs he Fusmeys
Loan Il Irss Company.