The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-12-15
The Railroad Commission and Judge
Hill

| EDITOR CLARION The Railroad Com
| mission, uninteutionally no doubt. have
placed Judge Hill in false position be-
| fore the public aud simple justice requires,
at my hands, a statement of facts just as
| they occurred.
The Receiver Of the VIeksbgrg and Ne
ridian Railroad was called upon for his
| freight tariff 10y the Commission, and
promptly reported the same. Il was
| wholly displaced aud tariff was fixed Tor
| the operation Of the railroad, which large
| ly increased the cost OF transportation
| and the classification OF treigh, adopted by
| the Commission. A ciamor being aroused
/ all along the line new and different tariff
was adopted by the Commission, aud the
necessary orders promulgated 20 compel its
| observance. 1t was found on examination,
| that obedience to the tariff 50 fixed wDlld
result in an absolute loss TO the Receiver
| OF about $4,000. In other words, that
| the railroad could not pay It's operating
expenses by that amount. This WIS the
candid opinion OF Maj Bond, the Receiver
aud that opinion was based upon the
experience derived from the opera
ton OF the road during the last
! year. He did no: know where the
| revenue could be obtained % continue the
operation OF the road, and did Rlt feel 1t
his duty to borrow money 10 accomplish
this purpose, aud thus increase the burden
| of debt resting on the property M his pos
session He could not obey the Commits
sion wiIhought serious loss, and he could
not stop the running OF his trains.
This being the case, he applied 70 the
Judge OF the court for in-trucuou-. o. his
application, the judge ordered him 10
OBEY the mandate OF the Commission OF
q Nv
named. Mi. Bond dl-regsrieJ the
tariff of the C1mmis simply bssau-e it
wa- not possible to obey IL, the Judge hay
ing ordered that il he was prosecuted Tor
the penalty prescribed by iaR be -houid
be allowed compensation out oil the receipts
from the railroad. Judge Hi never or
dered him 10 disreg ard the second tariff OF
the Railroad Com nission, aud never, 80
lar a. | know, contemplated any such thing
A = required by the court Mai. Bond has
prepared and handed TO the Commission
for rerisioa a tariff exactly, as We think 10
accordance with the provision OF the stat
ute, and, when action Is taken by the Com
II ission, will proceed a. he may be adj
vised. Ii the first tariff prescribed by the
Commission OF the NicksOurg and Mrrid-
ian Railroad was reasonable aud ia
accordance with law, the second clearly
was not II the second was reasonable the
first was not. II is not, therefore, IA At
ter of surprise that the Receiver should
feel it his duty to follow the tariff pre-
scribed by his employees charged, as e1-
peris, with the duty Of prescribing rea-
sonable rates for the transportation OF
property, rather than embark 10
the field Of speculation During
the months Of June, July, August and
of the present year the earnings
of the railroad fell below its operating
expenses SIS 600, even under the tariff
prescribed by the Receiver, and this loss
had to be made good If nothing more we're
accomplished. The Receiver u only tenn
porarily IN charge he cannot afford to
take risks or sust-r Ioss without the order
OF the court for which ne il acting and
whose gent be Is.
Il Is not fair to take into the newspapers.
under the guise of consulting Senators and
the Attorney General, plain question
arising under the supervision law. The
Railroad Commission are at liberty to sue
Maj. Bond for not obeying their last
mandate, aad test the VALIDITY Of their own
action. they may consider it z misfor-
tune that any such suit must be instituted
in the Federal Court, but certainly no fair
minded person, familiar with the course
of procedure Ia that court here. would
indulge, IN advance, the idea that Judge
Hill was incapable Of rendering a fair aud
decision. I ana quite sure that
The tariff prescribed by the Commission
their jurisdiction to adjust
freight rates which | do not admit, was un-
equal, unfair, unjust, aud practically oppres-
iIve-nOt Intentionally 50, / c0ncsde. No
aw passed by the Legislature Of this State
ever Justified the expectation that a rail-
Dad should BE- operated at dead loss,
lor do We think the people Of themselves
would tolerate such a propo= ition The
controversy between Major Bond and the
commission Is one peculiarly for the
Hederal Court 20 settle aud adjust. We
re quite content that II shall take the
isuai c0urse. We say the Commission re-
Iuired US to do an impossible and an un-
nst thing; and left US no recourse but to
ilsobey their orders, or stop the running
Il our trains. We sought what We con-
eived to be the Only rational solution Of
he problem and are prep ared 10 maintain
'ur position in the court
l was astonIshed when ] read the letter
I the worthy gentlemen who constitute
he Commission and tor whom personally
nd officially entertain the most pro
ound friendship and respect regretted
= appearance ia PRINT, bee al -e il c3ntaiu-
d an implied though not intended inpu-
alton, upon the lump Art atty of Judge
those continued service among u for
senty years has challenged the admira-
on OF the bar, and upon the integrity OF
ne whose persona. character has always
Illustrated the highest graces of the Chris
an gentleman.