, 1870-12-30
FRIDAY, DECEMBER 30, 1870.

ChlezEn m
FRIDAY, DECEMBER 30, 1870.
THE RAILROAD QUESTION IN THE
LEGlsLATURE.
Various bills are preparing, and will be
presented at the approaching session OF
lie Legislature, designed to regaiste the
rates Of freight and faro on railways IN
ts State of Illinois. One OF them, VIC
are informed. viii propose 10 enact that no
road in the State shall chnrge more than
three cents per mile for passengers, and
that all existing rates Of freight shsll oe
diminished ten per cent. The presenta- !
ti,n and passage Of such bill Will he |
mainly for the purpose of btingiug before
The cou.:s, and. ultimately, the Supreme
c .-.-, o. she United States, the question
whether the Legislature Of this State has
any constitutional power toregnlate trciGhts
and fares 1t is assumed, by the promoters
Of thefe bills. that whatever may have
txxn the powers Of The Legislature, under
lie nla constitution. the new one clothes
j, with tLi, power by the following clause:
..n.iiw.ys heretofore constructed. OF That may
c,, s,+. Il: t1n.trucie1, IN this State, ere hereby
-...laie1 rLb!: h.ghN ays, and Shall be ifee 70 ~
r,1s<,ns fu1 tie transportation Of the!r persons
:ud p.tprrty thereon: unde! snch leEalaI,n3s Es3 q
st,i,t.t tnsil. from time to time, pnss laws easA
:.s...S .,as"LALle MAXIMUM rates ot cnarRca for
y .sassionas!nn q pa;ss,nSsssa ;s, eaa On
This raises the question whether State
~ 60
lie Legislature a power to prescribe the
7a,es Of freight and fare which previously
existing railways shall charge. It cannot
iura1t such power if the exercise OF the
power is in conflict with the constitution OF
the United States. 1t would conflict with
the constitution of the United States, if il
iulairs the obligation Of a contract OF con-
hscatcs vested rights acquired under former
iceiLa.ion, without adequate conpensa-
ton.
THE ground On which Governor Palmer
vetoed the former railway fare aud freight
Ill; VIA, essentially, that the charter of a
railway company gires it the vested right
to carry passengers and freight for COM
peusatiou, md to demand a reasonable
compensation therefor; that this charter is
contract between the people Of the State
on oaeside, and the railroad company aR
other; that, AZ contract, it cannot be I'M
paired by any legislation whatever that
neither party to the contract is the sole
Judge Of the meacure Of its duties under
il, or, in other words, Of what constitutes
reasonable rates of f1eights and fares; and
tLat the determination of this question i
Judicial one, and belongs to courts and
iu1ies. md not to the Legislature
We are not sure that the last point may
rot have been removed by Article L
Of the present constitution. Though I
Stale constitution cannot impair the obli
CATION Of contracts, it may clothe Stats
Legislature with Judicial powers. Admit
ting this power to determine what are rea
sonable rates Of freight and faro to be l
judicial power, the present constitution
shows clear intent to vest it IN the Legis
lature and not in the courts. But hero "
are met by Governor palmer's statemen
,lat the Legislature represents but one
the parties to the contract, viz: The Statt
and that the railway company is the othe
party. end that neither purity can be tt
exclusive judge Of the measure OF ats oW
rights under the contract
II the Governors position be sound, s
We Incline to think it is, il holds as til
Under our new constitution as under tt
OLD. For the provision in tho Nation
eou5t tuition that ssuo State shall pass a1
Law impairiog the obligation Of CONTRACT
restrains the Constitutional Convention
fully as the State Legislature
Article twelfth Of the present constit
ton. however, may hare quasi efacien
given TO it by assuming that it enables q
Legislature 10 f1, on behalf OF one of Il
rattics 10 the contract, viz: the Stat
what that party regards as the reasouaa
rites Of freight and fare The freight a'
Messenger bills of tie reilroad will shs
vhst rates fiiu otsea' party to tfscontFae
rerard as reasonable Between thtse tw
shouiugs it might remain for the cour
ara iuries to decide which of the two RAJ 's
/, The reasonable rate, or *hethet CALL
Of then, is reasonable.
Now Il, bring before = judge Ano
ca.,u1ly before jury of twelve men,
uccisiou OF The question what Is 4 seaso
bic INTO Of freight and faro for q rallr
10 charge between any two stations,
wolves for its intelligent adjudication
knowledge md capacity for railway Il
Dcemeni that is not at all 10 be erpecte
tie hands of an ordinary jury. Very
would say that jury would be 't
tribunal to tix rates of freight and fa1e
railway than either the State LeG'sla
or the Board Of Directors of the road
Governors argument, while it may be
il law, leaves us practically without
,eueey in fact. No private citizen IS
,ng 10 ruin himself by paying the cost
ltisatlre with railroad company as fe
.ta,ouableness OF its frelghts and Il
when the upshot Of il Ill Is to obtain
ore Jury verdict that 81 is reason
fare from Chicago to Springfield,
ano.hc. jury may decide that 81 is
ounble fare, and then may prefer 50
every new jury different rate.
Emerging fro1a this 9r1agguirc, We
cover TINT the only elements Of The
lem that are settled are, that railway
undo. common Law obligation to E
only reasonable rates, but that no ct
means has get been devised Of enAbli1
state 10 exercise its fair and equal
ence ir determining what are seas'
rates.
Goye1ror Palmer's statement th
question of reasonable rates is j
one may be very true, where it nj
been 1nala part Of the contract, just
n!aintiH who is entitled TO reasonable
pepsasicn. the amount of which !
h,ed. ,uust accept whatever coui
;urv may decide 10 lie reasonable
i, better for each party to make h
tsct definite il, he can. There IS
duty Of the State, therefore, to I'll
of freight and fare, or, raths
state the rates ut which
S,s,c. as one of the j
to tho railway contracts, wnnts the
s1ed. This duty is no. judicial 1'
min;st1stive. L should be perfo1rae
hoard of Railway Commissioners, to
~ three of the most sagaeious asao
r7,,,tible businesa men IN the State
tsretsed in tho railv.5a 1t ssnou
have the force ct law; but ne1ets
eN;.;o,, of The State as to what Is
-. II the railway oouPs1
e.s.1ot .aord TO cazzy r thus mo
.;1 for the hallway Conafasaaso =,
.... for pa.ties- who cau. Al
ia a reasonable TAte Is,
tc o.,,a- responsible bidders CAT
Irany othoF company = VII @