, 1870-03-30


and there lad bcen, an election in which
somebody WIS as badly laid out as the roof
Of the Aforesaid Court House has since
been. AL Of which resulted in IN external
Development Of the internal economy OF
the Council, to the e1tsut Of S449.
THE NORTHWESTERN RAILWAY,
The Northwestern Railway Company has
Voluntarily chosen 10 defy the laws and
Judicial decisions Of the State of illinois,
md to violate honesty and fair dealing, thus
pcrpetuating system of e1tortion and
rnbbcsy upon the people of the Northwest.
It is no mitigation of tho wrong if
other railroads have been, and are now,
doing the same thing, There is clear
case made against that road, and we pro-
pose to keep it before the public 50 long
as the Northwestern Company enforces that
dishonest policy. The facts nre few and
nra not controverted:
Tho Legislature, four years ago, by law
uade II compulsory upon ali snil~ny COM
ranics to deliver grain to all consignees
having warehouses convenient to the road
Spruance, Preston 4 Co., have m elevator
Oh a lot near the Northwestern Railway, and
they have constructed suitable sido tracks,
but the company .efuses to a,,ov anv con.
nection Ia I've mado With their trsct and
refuses to deliver grain on the track to
teams consipned TO that elevator. That ia
tho whole case. VIC published yeste1day
The decision Of the Supreme Court Of
Illinois, affirming the constitutiona1ity Of
the Warehouse act OF 1867 in every par
ticular; and the Court issued a decree in
the case before it. requiring the Alton Rail
xay Comnauy to deliver Grain at the Vim
rent Elevator. a connected side track nl-
-o.dr o,;s+;,o :, that rosa II 10, t,pa that
tba ,uarahnnsa ~ Snr,,ance Preston r ca,
..-a..:-. 49, = ;.,.,,,,.
nas 10 connectlnB a"1tcn, out " u peeAase
the cou1panv refusss to permit the connec-
ton to bs made with its track. The
ns;,r,od ronn,+ ,1oaa tha .rpnt ~ a
oon ;. tossoa va" 0 - e'01 10 asa. eoas+na,ad |
~ AeAuee9 keA1t"a1o'4 ~ 70 >ol
and ut the Same time refuse TO deliver the
6lnn 10 tae coas36ae*'s "AoA Lucy p3e7ons
| their warons to receive il. The Suureme
/ H7@ "-*7@ - ~~--~
o6 e1oto AZ .Ao " ooA'.
lis q relaxation Of the old rule requiring q
delivery by the railway company at its OWL
warehouse. This relaxation has become q
naceee;tv Int If ;s one uhicb the Cont da.
c1orae IN ha .soa advan,aooona tn tha mil,
.-avs no Il !, IN the cons;onnr or conscience. =
T. o1;-;otos tho nocoss;tv for aac, railway
cornnonv IN horo nm elevator of ;ts own.
~ 49,. .bo canr+ s,,,s tb,t 4stbo cnaton,
- as1;-or;nr, ora;n ~ ~ a,arators IN xrhieh
y "a co,s;oned md vhich ,ra connectet]
M;th ~ r. -, con,en;srt eida tracta bn,
49,. ..or1 49, o1a ~ tba nocaes;t;aa q,
.n;,vsv conmarca ~ Tbo Cnnrt then de,
elavcs.
III, thcu. tue common 1aw rule requiring o,
common carriers an immediate dellEety, VI when e
ersni io raIIHays only ron ncceasitJ, il Is dii.
to VIZ The ne snoa % ,t9s not Ss sp
ieT. @ Hrnes, tic Necessity of relaxation has no,
sn5 ~, Inc sSa Is Is eqn fss aenoI
and 10 send It'll cars ovrr a side mack to some
rerates tns eonnrcie @ W1ta tie n,a,a Inc ID
substantially the same mo<ie y is difficult to con.
t6e raI[way companS can he pssmt,e to desei
| Ns~.4 - - - tnr hnn,. '.nn
Ii srnedsn e. ~ "'"'' VIC R'''''A' 49, wv ~
The Court, it will be perceived. insists
that the railways are bound by tho common
Law to an immediate delivery to consigneea
at the company's own station or storehouse
or they must send the cars to that privat'
elevator to which the grain has been con
signed. This the Cont declare to be th
law in The absence of any statute. III
, statute refera only to such warehouses q
; hare connections with tho side track, but
the COMPANY will not permit sids trse
tn t,e connected with its own track it mut
deliver the grain from its own depot {
I cr,.rspaay 1c1uscsp 10 90, urr, On me contfur.!
: delivers the grain consigned to Spruanct
I Preston i Co.. at tho warehouse of sor
!, other person. But the Court aays furth.
+ that the -ni1way companies tave been r
$ lieved from the duty of Immediate an
n direct delivery of grain from the
$ own warehouse. not as n matte
ID OF convenience, out because It Is 'mposs
le DC to DO So and when tho railway refust
is TO deliver gram as the warehouse
ID spruance' Preston q Co. because OF the in
6 poss.oni'y arising from The want OF co.
% hec''on WIN tne a4de efaek' me imross,etl
d ous VI 1'' o"n - e1ea'.ol' a''a ono ~a'e
d cannot DC pleaaeo IN ae1ence o1 Hs Aauu1
= ,s narfeaHs. ~ ;naospn.aho,.;,,,, .a.,,
! ;, ~ 49, "~