, 1870-05-05
>llllN0lS.
Yesterdays Proceedings in the
Constitutional Convention.
Municipal, Railroad, and Misoella-
neous Corporations.

Municipal, Railroad, and Miscella-
neous Corporations.
Able Speeches on the Subject of
Vested Rights and Eminent
Domain.
Special Despatch to The Chicago Tribune.
THE RAILROAD KEroRT.
EP1MGF1E1D, Ill, May 1.-THE convention spent
| the morning session In considering in Committee
OF the Whole the report Of the Standing Commit
tee on Railroads., the question being upon the
three additional sections propositions presented
by the Judiciary Committee, through Mt. Church,
on vested rights aud the right Of eminent domain.
Able speerhes were made Upon these TWO ques-
tons By Messts HAdrup, Underwood, and Wells.
The longest and most exhaustive WIS that deliE-
cred By Hi. HIlarup. He occupied an hour and a
quarter In its dcuveFy, and WIS listened to with
marked astent1onby the convention. He argued
In favor Of solemn declaration In the
constitution OF the full scope and true doctrine Of
the power OF eminent domain In the people and
State, and the vast Importance OF leading the pub
lie In the true direction, as the railroads, by tho
ablest and most active lawyers employed every
where to influence not only COURTS but politics and
popular opinion, had produced an utterly errnrc-,
ous impression among the people tn regard to
their own rights, md led them to believe that they
were utterly helpless before the doctrine Of vested
rashta IN corporations 9hat doctrine,
as commended by railroads and be-
Aevcd by most people, Is that the
property and privileges Of n chartered corporation
r8nst he tn7chq4I In nv fha S34+t
power, being secured by the Felezal Constitution
as contract and therefore sacred and inslolabie.
This Is mere hcresy, without reason or authority.
The true doctrine Of vested rights Is that the Stntc
cannot take the property Of one individual or cor
por1ton and transfer It to another for his or Its
benefit; but It may take any property, right, or
privilege SIS public necessity, for the public use.
I2Es distinction Nus elaborated and t1iustared In
various ways, and fortified by references to many
decisions Of the Supreme Court aud State Courts.
especially the West River bridge case in the Su-
nreme Court offhe United States. The Dartmouth
College case, upon which railroad lawyers chiefly
rest, was discussed aud argued to be In harmony
With the true doctrine Of eminent domain, and
the ample power ofthc State to take possession OF
AnF railroad for the public use The distinction
taken By railroad lawyers between implied fran
chises granted by the State, which are reyocable,
and exclusive franchises expressed in charters
"AN@e -~-- s~%%o~t A<NtA%3Ea7 k44A 4AAot%
The Stale cannot create an agent that 1t cannot
destroy. II may modify or scscind any charter
for the public use whenever necessary. There are
many ways Of exercising this power. One is by
taking possession Of the entire road and transfer
ring it to other hands to be appointed under the
charter at certain rites Of fare and frelghts and
other legislative regulations. The power may be
exercised, partially, bs modifying charter regu-
lattng the tolls. II the company refuse to obey,
the fDfl nnyyPf can exercised rhaYfnr
scinded, and the road and Ill taken possession Of
Mr. Wells insisted upon the right OF the
State to take possession OF the railroads
Of tho State under the porer OF eminent domain
whenever tho public necessity demanded IT. After
the adoption Of the first and second propositions OF
the Judiciary Committed, and the rejection Of the
third, ST. Hayes offered m additional SECTION to
the effect that the law Of 1862 giving to counties,
cities and towns the taxes from the increased rail-
uaon over 1865, for the purpose OF pairing railroad
debts, Known as the tax-steaitug la#, Should be
made 10 include tho building OF school houses,
construction OF highways, drains, etc. This section
was fre-brand thrown among the supporters OF
that ubiquitous measure, md they assaulted It with
great fetpcity at once by ]. G. Alien and Cum
minsz The latter gentleman fairy outdId all his
previous efforts In the line Of yitupe1atlon and
1oH'-nung abuse OF Chieago:and the Cook County
delegation. His hArangue was more Ike the
Rawlings Of md Man than the cain words of
1air and candid member Of the convention. lie
and Alien we're replied to In q calm md dIgrided
but crushing manner by S1essss. Cameron,
Aedi1 and Anthony, After It Tas at
over and reason began to assume sway,
will do Messrs Allen and Cummings the Justice
TO say that they seemed ashamed OF their ILL.,
timed, unpeurokcd, and UNNECESSARY assault upon
the Cook County delegation.
MISCELLANEOUS CORPORATIONS,
After tho railroad report had been disposed OF,
the additional report on miscellaneous corporo-
tons Vas taken up in Committee Of the Whole.
Sections I, 2 and were stricken out as their pro-
visions we're amply provided for in other articles.
Section 4, which provides that stockholders shall
have the right to crmulate their shares Of
stock In the election Of Directors, or
one or more Directors, WIS ado pied
after Speeches In advocacy Of it by Aessrs.
Mediu and Coolbaugh. By this means II stock
holder holds ten shares Of stock Of any CORPORA
ton, and there are ten Directors to be elected.
instead Of casting ten shares for each, he may
vote 100 shares for Il single candidate. or nfty
shares for tfo, or also in any other proportion
he pieases.
HDS1C1PL CORPORATIONS
The convention, in Committee of the Whole.
tok up the report Of the Standing Committee On
Municipal Corporations, and went through all the
sections, and rhinE, conf1derably Improved 1t In
many particulars. The first section was
materially amended, and, as adopted, pro
V1des that the Legislature may rest
cities md toWns with power to make local In
prorements BY special assessments or BIZ special
ta1at1on on contiguous property, or otherwise,
which means by general taxation. As agreed
upon, the section is compromise between va
rious conflicting inteEests The matter Is left
1e1ible, that l1Ws can be enacted fosuls various
classes Of tnterests Probably this Is the best that
can be done Under all the circumstances and
complexities which surround the question Al
though all the sections we're gone through WITH 1t
is understood that the report will CONG up again
tomorrow morning, when an attempt will be
made to add Section Of the minority repbrt, as
follows:
SEC. : The General Assembly shall provide
that all taxes and assessments for State, county,
city, township, shooi Or other purposes, leyied
within municipal corporation, shall be collected
By the person; md that a1l GALES Of property
all the purposes aforesaid, shall be made at one
time In each year and by the same per5O1.
THE REVENUE ARTICLE
Just before the convention adjourned this crcn-
ing, Nh. Goolhue made motion to instruct the |
Committee on FReytsion and Adjustment to 10 |
amend Section Of the revenue article as TO Ee- |
store the penalties for delinquency In paylng !
taxes to 100 per cent instead OF leaTlng |
It at IS per cent, as now stands. Tie claims that
II the penalty does not exceed Is per cent, very
few persons will pay their taxes until the expra-
don or the time given for redemption. In reply to
this position 1t may be urged that II capitalists viii
not levy tax titles at the rate Of Is cent per an
mum Interest, It should be male the duty Of the |
County Treasurer to do so, as the property |
sold, and the rate Of interest allowed, would amply
secu1e the STATE county beyond all contingency,
and besides give handsome profit On the invest [
ment