, 1865-02-07

years. It is therefore unconstitutional q
well as Infamous.
The case may also be slated thus The cit.
Of Chicago Is municipal corporation, derly
ing its powers from tue Legislature. Tn
horse railway companies are also corpora
tions, deriving their powers and cxistcnc'
from tic same source. They are compcten
to sue and be sued, and to make contracts
with each other and with others, and to bt
bound hy their acts. Now, the Legislature
after creating the horse railway companies
by IN act Of incorporation, authorized then
TO enter into contrnct with the municipal
corporation Ct Chicago to do certain thinct
on certain conditions. The companies ars
authorized to ask permission Of the city to
! lay down tracks. run railways By horse
power, and collect fare for carrying passen.
gers, and to agree to, and be bound BY.
"hatevcr conditions the city may annex
thereto. The municipal corporation, on its
part, agreed to let the sid companies lay
down and operate their tracks fer the
period Of twenty-five years, on certain
streets, and, in consideration Of
granting this valuable privilege,
stipulated, first, that said Companies should
never charge to exceed five CENTS for single
trc; second, that they should keep certain
width Of tie streets used BY them in good re-
pair; third, that ut the end Of TWENTY-FIVE
years the tracks, cars, horses and other prop.
erty Of the Companies shall re1e7t to the mu.
nicipal corporation, on paying the fair cash
value Of the same. This is the substance of
the agreement or contract between the mu.
niclpa1 and railway corporations. It is as
perfect and mutually binding contract as
crer was entered into between two parties,
And If the Legislature has the legal power to
impair the validity Of this contract without
the consent Of both parties, it may repeal
and annu1 any contract in existence In the
State. There is no escaping from this con
clusion.
Now what is the remedy? It is . funda-
mental principle of law that there is no
wrong without remedy. The city Of Chi
cago has its remedy first In the juliclnl til
bunals Of the country, beginning with the
courts of Cook County, and ending with the
Supreme Court Of the United States.
Article I'D, section II, clause Of the Con-
stitution Of the United States declares that
t'the judicial power shall extend to all cases
in law and equity arising under this Consti-
tuition" The Supreme Court have held that
case ari1es under the Constitution When
ever Its correct decision depends upon the
construction Of said Constitution, (Cohens
rs Virginia, G Wheaton 379.) Therefore the
Supreme Court Of the United States may
have appellate Jurisdiction in this case when
ever it shall be brought before them. We
a1lude to this fact merely to show the extent
Of the powers vested in one Of the parties to .
given contract to maintain Ills rights against
q laF Of 8 state impairing its obligation.
The first thing to be done is to elect city
government thoroughly in earnest to protect
the city against the gigantic swindle which
is sought to be pe1petrated. Men can be
found who will never sweryc from this duty.
md who will abandon their private business
for the sole and exclusive purpose Of protect
ing themselves, their fellow citizens and
their posterity against this fraud. We
presume that tie existing city
government will not sell out to the horse
railways all the rights that the Legislature
has left to US. We presume that they arc not
disposed to do SO, and We presume that the
people viii interpose such tremendous ex-
preston Of their will that they will not dare
to do 80, even If they could perpctratc this
dreadful act Of shame. On the contrary
We look to see them, like
honest men, not only Euard
a1l the rights that Etill remain to the city,
but put those rights to instant execution
1t may turn out that the horse rallwaymen,
in gsnsping for the city's rights, have lost
what they previously had. The courts will
determine those questions when brought be-
fore them. a city government fully charged
with the idca Of protecting the scity's inter
csts will find plenty Of legal methods to
make test question before the proper tribu-
na1. II the people, whose rights hare been
assai]cd in this high handed manner, are in |
ea1nest-f they are worthy Of, the liberty in |
which they were born, and for which their |
brothers are even now battling On distant |
felds-n, in short, they are imbued with the
spirit Of American citizens-they will resolve |
that this fight has Just begun!