, 1870-06-06

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apnday Edtuon+ per SeaI. b, HA1I-..........-. 2-5o
Weekly Kdition, rer sear. By xA1......--.--. 3.0c
F~rts of = yeat n 1he sanr tzta
70 tr7mi delay s9d Hss7k&, Be su1e and elEn Pos3
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DAILY. delivered Sunday xIcEr71l -. rrnu per week
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Chcaso. N.
MONDAY, JUNE G, 1870.
TIE ELEVATOR LAWSUITS.
The nandamuS recently served, as the
srit of Edward Hampstead and @. T,
Wheeler, to compel the Northwestern Rail
road Company to 1eceire grain in bulk,
consigned to the Illinois River Elevator; ut
ali points OH their srosd, and to deliver it
,st such,eleva:or, ought to, be unnecessary.
The Suprems. Court, IN the cave Of Vincent
It al. against the Chicago & Alton Railroad
Company, decided the whole principle in-
volved, namely, that, where railroad
oompany's track connected with an
elevator by q switeh, it was
bound to receive grim con-
signed TO such elevator and deliverit The
Northwestern Company takes shelter be-
hind very thin and unsubstansiA agree
ment made with ring of five elevators,
wlich, it claimz, binds the company to de-
liver grain tot them only. If there were such
IN agresment it would be in plain violation
Of the company's obligation to the pnblio,
as decided by theSupreme Court since such
agreement WIS made, and so plainly in vio-
latinn Of it's legal duties rs to render it liz
bic to forfeiture OF it, charter, and the
appointment of q receiver to take charge of
its assets. The company may prefer that
its agreement with the elevators shall be
annulled by sndndamus, rather than violated
by itself, but in itself it is so void Of all
bearing on the rights OF the public, or of
elevators not parties to it, as to be wholly
irrelevant II the company has made An
agreement to deliver all grim to particular
elevators, SO as to set up q private toll gate
over all the grain of the Northwest, such an
agreement il fraud upon the public,
and it cannot plead its own
wrong act in excuse for the non.
Performance of ita own duty.
It seems to be claimed that the fact that
the grain brought in by the company is
given preference by the five elevators in
the ring; that this preference is sufficient
consideration for the company agreeing to
deliver all tho grain it brings in to these
particular. eleyatoEE But the company
-ahows that where its own profits may be
affected, as, for instance, in bringing grain
from points where there are CON-
peting railroads, it reserves the
right to stose the grain in any aleva-
Tor it may choose The company
viii be tannelled by no connection with
particular elevators where it may have the
effect to lose it \ part Of its business But
the grain-owners have the came interest in
saving storage expenses IS the railroad
company IN saving their business, The pre-
fence, therefore, that the ring arrangement
with the elevators is as much for the inter-
est of the public as for that of the rail-
roads, breaks down when ws see that, in
every instalce where it might be the inter
est Of the company to store the grain
in any other elevator, it 1eservez
ihe right to do 10, while it makes
no such reservation On behalf OF the grain
owners. It quite clear thnt the attorneys
of the grzin-owners did not help to draw
ths contract The agreement of Jones
with 1.ilroad company to give its freight
preferences in storage over that re-
ceired from any other quarte1, is no
consideration OF justification Whatever
for the company violating its duty rs COM
mon carrier by delivering to, Jones freight
that is consigned to Brown.
The further case brought against the
Northwestern by Spruancs, Preston i Co.,
asks relief, which has not, in specific terms,
bsen decided to be applicable, but which is
tnsepa1ably bound up in, and forms part Of,
the common Law obligation Of the railroad
companies to treat all consignors and con
Egnees alike, and the ordinary obligation
Df the common carrier to deliver to any ono
sousignee at his terminus upon the same
Terms as to any other. The Northwestern
Railroad Company has allowed four or five
elevators to connect with its track by q
switch. The court is asked to compel it
to allow another elevator to connect in the
same manner. and this too, one which,
while owned IN part by Hiram Wheeler, ths
head baron Of this toll-gate nobility, did
Rctually connect with tbs Northwestern,
and receive and dsliver grain to its cars
The court viii find it hard to decide that,
because Hiram Wheeler sells ont his shares
in an elevator, the hundred thousand grain
growers On the line Of the Northwestern
Road have no longer right to send grain
to it
These cases illustrate the1awless character
Of the assumptions and usurpations of
these carriara and storera Of grain, whereby
they have come to regard themselves, like
the Chinese ta1- -gathcrerz, IS empowered to
Levy all the taxes they can collect without
provoking general insu1rection- # these
Illegal monopohes we're permitted to 60 On
unchecked in their work Of robbery and
eatortion, they would soon ill the goose
that lays the golden egg, BY compelling the
inventive genius OF man to contrire some
way of taking the grain Of the Northwest
trouud Chicago, instead of through
IT, The fact that last year the
receipts Of wheat at Milwaukee rose above
pur receipts Ut Chicago in aggregate guan-
tits, though vs receive over five roads and
Milwaukee over one, shows that this illegal
monopoly IL already drying up the sources
Of its Owl profits. Tha ahorssightsdness
of rapacity is clevedy illustrated in the
fable Of the monkeys, who, in trying to
steal the soup from each others dishes,
spilled all their OWL So, while Chicago 1nil-
road companies and varehouseman are
grasping nj the portion of profits which be-
long to the grain-oVne1s, Milwaukee and
other points are taking our grain. Our
new constitution has attempted to remedy
these abusss and has done its best.
But, after ii, the secret of the reform
lies IN the integrity and clear judgment
ot our courts and the manly pluck of busi-
ness men who know their rights and viii
defend them The reform will come not
moment too soon. Yet We trust it will not
come too lats. Each infractiou Of law by
the railway companies exasperates the peo-
pie and emboldens those politicians who
court popular favor by attacking them with
hostile legislation- By and by it will be
impossible to rexist the demand for meas
ures of retaliation az 1awless as those by
which tho elevator monopoly is kept in
power. The railway managers are teaching