, 1866-03-08
THURSDAY, MARCH s, 1858.
TYyE ILLINOIS CENTRAL RAIL-
,RnAp AND THE GOEERNmENT.

ROAD AND THE GOfEANmENEs
The old question of the right Of the Illinois
Central Railroad Company to receive from
he Government the cost price for transport
ng troops, munitions and supplies, du1ang
Ele wn., has como up asain in Congress. We
Juad hoped that this controversy Tas set at
rest last year, but as 1t has come forward TO
rcx the public again, 1t Ia well to look into 1t
and ascertain where tho law and the equity
stand, and also what interests the State OF
Illinois has to be affected by the ultimate de"
clsion.
Wien the war commenced, in april, 1861,
the Illinois Central was, we believe, the first
railroad IN the country to transport body
Of troops southwasd to defend the country
aud its flag. From the day when The two
companies Of artillery left Chicago for Cairo,
nearly Eve years ago, to the beginning Of the
present year, The Government has required
The services OF tl1ls road to thu amount OF !
millions OF dollars, md in some instances to
the exclusion Of Ill private business, 80 that
not only was the road compelled to transport |
troops and supplies nj two-thlrds Of the price
1nid to other roads, hut it was required to re-
fuse tho traffic Of its reeular customers, for
which 1t might hare received full rates, and
thus TO incut to great c1tcnt the enmity oi
the public, who were thus fncommodsd.
Anticipating the difficulty which might
arise respecting the terms of the land grant,
which was given On the condition that the
road should rcmai, "a public highway for
ever for the use Of the government OF the
United States. free Of tolls or charge, for the
transportation Of any property or troops Of
Inc United states, ar. Ooueias' tae laea
Attorney md no" fresadent OF Inc Ioaa, s's@
TIED Washington, and presented 70 ffesl-
dent Lincoln, the secretary o. Ha1,
and the Quarfef1nastsr Genefa4, Kne
riew which The company 1ook OF toe law. ~
Was contended bF Mf' douglas that Inc
clause quoted above never eontemplaseat taat
the company should furnish men, cars and
motive power. or In other words. money. lot
The transportation Of Government troops and
property, but merely highway or roadway
The arguments relied upon to sustain this po-
sltion, which WINS admitted TO be correct by
Mr.. Lincoln, hy Secretary Cameron, by
Secretary Stanton, and finally by
very 1srgc majority Of the
Senate, including the best lawyers IN that
body, are these: The clause In question wAs
6rst employed By Congress In granting public
o,,o !. uoe aa,,.-oa IN THE t,-,il.o ,rro,+
oe esNN
that the said road should be public highway
forever for the use OF the Government Of the
oteo SA.A"' 80 " '"A y, -s~' eN'
Now II Ii absurd to suppose that Congress
;,,+,,do1 tba4 4t,s tprnnite eoyrran,- ehou1d
u1'enoe1 .0' s >A1Af'A1 49, PA15 SA0e :,
furnish horses, WAGONS drivers, ano
axle grease to the Government to
&..,rrn.t +rno,s sua ,o,r.If,,nx nj
uuuspu't ooops ,, y.
was. II Was NOT IN inctr line 10 transport
properly ut all 1t was merely Their business
10 1ntlish foah. IL mol being tne1r bnstness
10 furnish transportation, is 1t not clear that
IT, f,o.,-.aas 1,,3 s.+andod n,v rr,1, >..;r., ~
IL congress uao intenaeo any sucA ta.ns !.
would have been distinctly stated, and not
lift in am}irnous lanr1,a~c9
r,.a ...t s.s.ss.-~.s.ee .Us - ~,
Tic NEXT appearance OF the clause IN q Law
Of Congress is in the act granting lands to the
Illinois d MICHIGAN Canal. Here the same
'aauaHe Is usea-a pup4lc Alsa"hy
forever, for thc use Of tho Govern.
,,cnt frce or toll or charre, The
business o! q eana4 cotnpan5 - 70 1u1nlsa
water and locknge Tor boats, and not to fur
uish the boats, horses, mules, men. and tow
lines. IL congress hAd antcnded thnt the Nh-
nois g. Michigan Canal should furu{sh any,
,b,ro ,.,vor,a i,a ,ra+o- o- ue 4sh,onr.r " !,
IHuS pesono 1ts "ate', Vt 4ts Alsa" ays IL
would have stated that ait shall be obliEn-
~, 49, -9 -. a.. rr'...'a ~ s.a.s ~ -
t1oops INV pA'ps'.s Va ~ ~. . :. 's~ss ,. ase
VI tou :" ..,s ~. @ ~. ~ ~
@ suEn e44u n.a ' n,au "1 .so ~
~, .o' cta..-a,, o.o ~ ,,s,ar ~. asn., ~ ~
49, ue - .s.,I s ~ . Az.
tue pu4p''o 49, " ,,a",,etr assu Az .,s uoops "
psolNrls. 1ue .ueutal oat" "t "oiao .,e1 80. ~
tue ee e,'s ~ ~ .,,s's ~ =. 49, ras. ~" g..
nei1 1,,.usa , fs.t.a.S.a.,.. .s.asesas ~ 49,
.. S,o,a ."1 ~ 1r,rais r"n,,,, pa,,rn.a co,,n.
n. ,,.r ~ M -, ~ a,,,,sbes ne st ~ ronnest nSr.nnar
usn ~ .i,a, VAT ne same duties and oh11rs.1ons
a,J m o,s-r wrre devolyed upon the benen
o;.r;ss &c this t<r.rt tl,at has hecn deynlyef
t. .,,c 4wo nrrcedinr caees.
- - or.,,,e.+,o, <;f 4,,& artcca;7en,