The Kemper herald., 1908-02-13
COY. NOEL ON
CORPORATIONS
SENDS MESSAGE DEALING
WITH THEM.
RECOMMENDS Two CENT FARE
Prohibition Bill Passes Lower House
BY Unanimous Vote Amid Much
Rejoicing Among Supporters.


Jackson, Miss.-Governo Noel sent
to the legislature message dealing
with corporations and making sug-
gestions relative to railroad legisla-
tion. A summary of the document
is as follows:
Enactment of a two cent mileage
law, with proviso that railroad COM
mission may increase the rate il it is
shown that the two cent law IS un-
profitable. He suggests that, in view
Of the present stringeney in money
matters, the law be made effective
several months hence.
Repeal of fellow servant laws and
statute relative to ccntributory neg
ligence.
Enactment of law prohibiting rail
way black lists.
Law to prevent drinking Of intox-
icants on running trains.
New statutes for government of tel
ephone companies.
Inc meSsdSe III 10 III luii dS IVi-
lows:
February 18th, 1908.
To the Senate and House of Repre-
sentatives:
Obligations to its citi-
zenship to provide, on equal and rea
sonable terms, adequate facilities, for
transportation of persons and of prop
crty, is recognized, and, more or less,
effectively enforced by all civilized
governments. The agency employed
whether ordinary highway, turnpike,
bridge, ferry or railroad, or kind Of
ownership, public, individual, or
corporate, does not altar the real
question. The government could eth
er make all transportation free, now
the case with roads and bridges, de-
fraying the cost by general taxation
or cold make the traffic pay its own
expenses, directly to- the government,
or to those to whom it delegated the
authority of becoming common ear
t,ers, with the incidental right of
condemning private property, for such
uses.
These principles are clearly voic-
cd in our state constitution which de-
clares "All railroads which carry per
sons or property for hire shall be pub
lie highways, and all railroad COM
panies shall be common carriers ac-
companied by the injunction, that
"The legislature shall pass laws to
prevent abuses, unjust discrimination,
and extortion in all charges Of ex-
press, telephone, sleeping car, tele-
graph, and railroad companies. The
trend of judicial decision, especially
federal seem to place strict con-
struction on statutes intended to
effectuate the quoted constitutional
requirements, denyj,.g to the railroad
commission the exercise OF authority
not clearly conferred. consequently
more definite expression is need
ed, as to some measures, which popu
lar Judgment regards necessary for
he better promotion on the common
good.
Just and Fair Treatment.
Both public service corporations
and the people are entitled to just
and fair treatment. Their rights are
not antagonistic and can be so de-
fined and regulated as to adjust and
- ,,tn Of aoah Enr
cost of construction an operation,
with reasonable margin for profit,
common carriers are entitled to col
lect compensation from their eusto-
mers. There is neither desire nor
power to take from them this privi-
lege, essential to their continued exist
ence Any law or decision of the
railroad commission, having such eff
feet would be nullified by the courts
as confiscatory. Constitutional guar
antees. Federal and state are as
obligatory upon the state, as upon
Federal courts and officials, the only
difference being that litigation insti.
tuted in federal courts is not only
much more expensive, but often of
almost interminable length. In each
case, federal questions are finally set
tied by the United States supreme
court whose binding authority, on all
courts, is unquestioned.
Increased business, improved ma
chinery, rails aud other operating ma
terial, ought to effect. notwithstand-
ing some advance in labor and sup
plies, constant, if small reduction
in freight and passenger rates. The
average passenger rates in this eoun-
try are less than two cents mile, but
there has been no reduction, in Mis-
sissippi, for several decades. A thor
Whitaker Plays Bully.