The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1871-01-07

was intended. Many OF its provisions are vague |
and Others unconstitutional, and the whole law Is
in my Judgment wanting In that symmetry and |
which Is essential TO the usefulness
Of statute that Is TO be the constitution of every
body in the State. The powers confer
red upon the cities and towns of the State under
special charters, have been, IN practice, greatly
abused, 10 the oppression of the people. The es-
sential defect in the general incorporation law,
and in many of the acts incorporating cities and
towns is that they do not sufficiently insure an eff
ticient and Independent executive authority, ana
do not guard the property OF the citzen WIN sur
fcient care from excessive, and often rapaclous
taxation. They authorize or permit the unneces-
sary multiplication of officers. They do not SUI.
fcienty secure the responsibility Of the municipal
officers To the citizens; and as the necessary au-
thOrity Of the officers Of cities trenches very close
~ upOn the most cherished rights of freemcn,
many opportunities for injustice and OPP
preston, they should, with more than usual care
he subjected 10 the most rigid accountability for
any violation ofpubic law, and for every invasion
OF private rights.
RAILROAD CORPORATIONS.
The constitutional prohibition of special laws
for the creation Of railroad corporations. makes il
necess lry that general law should he adopted
at this session of the General Assembly. for the
organization and Cover nmcnt Of that most useiul
and necessary class of associations. The Constr
tuition imposes restrictions and duties upon rail-
way corporations that must, OF course, he hlndlng
upon all hereafter created, and II also applies, IN
important respects, 10 existing railway corpora
tons and must he enforced against them by APP
prOpriate legiS latiOn.
Every railway corporation organized or doing
business in this State, under the laws or authority
thereof, must maintain Office i'll this state, Tor
the transaction of its business. where transfers OF
stock must be made, and in which shall be Kept
for public inspection. books in when shaii be re-
corded the amount of capital stock subscribed,
and other matters in relation to their organization
and business that it is important to the public in
terests should be known; and shall also report 10
the Auditor of Public Accounts or 10 an oi1cer 10
be designated by law, all their acts and doings TO
such extent a. may be prescribed by law. ms
provision OF the Constitution comprehehds al
railway corporations that do business in this state,
whether they are organized under its laws or are
tolerated by its comfy. and il is the duty OF the
General Assembly, imposed by the 9th section OF
the lth article Of the Constitution. to enforce the
obedience of all by the passage Of laws with sulta'
bic penalties. The 9th section of the lth article
of the Constitution, and the llth 18th 18th, 1ith
and 18th sections Of the same article sufficiently
indicate the purpose of the people ina, railroad
corporations shall hereafter be subject 10 the con-
troll of law.
The usefulness of railways, and the extent of
their beneficial influence upon the well being aud
prosperity of the country. are not denied and in
deed considerations of that character are in no
sense involved in discussion of the extent 10
which II Is iudicions and proper to subject their
management to legal control. Railroads are pub
lie highways. aud the corporations and individuals
that operate them are public carriers. and the
property Interests Of the proprietor- of railways
are held by them subject to the right OF the State
70 adopt and enforce such regulations as will pro-
tect the public from arbitrary exactions and un.
just Determinations
But the duty and the power Of the State TO in.
terfere for the eifecua control of railway CorpO-
ratons is disputed. Those who deny the neces-
sty of State interference insist that all the evils of
excessive tariffs and unjust determinations In rates
for trans portatiOn will be ultimately corrected by
the competition OF different lines of railways in
their efforts to control business Competition Is
far more expensive than direct methods Of legal
control The grossest expressions that burden
the people grow out of the fierce and exhausng
railway connection AT imDOrfaut uOIrtS. where
their interests come in conflict; and one
of the strongest reasons for the interference
ment of railway lines. is that the burdens
Of the useless competition of different lines
is thrown upon intermediate points where
competition is Impossible. Deprive railroad
tionary rates npon their traffic, and the business
community would suffer far less from the selfish
contests of competing lines that in their effect IN.
settle values. to the confusion Of business and the
disappointment OF the most prudent commercial
calculations,
The denial that the State has the power, acting
through tue appropriate department. az deter
mined by its Constitution. to control the manage.
ment OF railway corporations and to regulate the
rates imposed by them as public common carriers,
so a. To prevent eXtortiOn. oppression favoriti-m
and unjust determinations against or in favor OF
localities and ndividuals-Or to investigate their
management and prevent the employment of the
vast sums of money under their control for pur-
poses of corruption-is TO asser; that power has
grown mp in the State greater than the State it.
self ana makes an issue that the representatives
OF free people cannot. without she most papa-
bic disregard of their duty. evade.
The General Assembly shall, from time 10
time, pass laws establishing reasonable maximum
rates of charges for the transportation of passen
gers and freights on the different railroads of the
state and 1.-The General Assembly shall pass
laws to correct abuses and prevent unjust discrm.
nations and eXortion in the rate. Of freight and
Passenger tariffs the different railroads in this
state, and enforce such laws by adequate penal
hot Axtar Fn tl,p,
of forfeiture of their property and franchises y
are the clear and precise injunctions of the Consti
tutlon that at once answer all objections TO the
existence Of the power. enjoin the duty and deter
mine the department of the government by which
il is 10 be discharged.
II Is also proper for me to say, in
this connection, that in the adoption OF
the 9TH section of the 18th article of the Con.
slitutiOn, and the 18th section of the same
the trainers Of that instrument intended that the
General Assembly should 20 much further in the
direction of the efficient control Of the manage
ment of railway corporations than merely TO pass
law establishing reasonable maximum rates OF
charges for the transportation of freight and pa-'
sengers, and TO correct abuses and prevent unjust
Determinations in the rates of freight and passcn
ger tariffs 1t was, no doubt, the purpose of the
authors OF the Constitution. that the Legislature
should pass laws that will give to the stakeholder,
In railway corporations more complete control
over their property, 10 prevent the fravdulen,
transfer of the stock of such corporation TO
to stockholders and the public the means for
tHoTOUvN lnNcsUEhuOn OF tnelr management u
prevent wrongful combinations TO defraud stock.
holders and Cypress the public, and TO prevent the
employment of the money of such corporation.
to influence legislation, or for other corrupt pur
poses.
But whether railway corporations are considered
In the light of mere owners of property, that arc
entitled 10 the same favorable consideration thai |,
accorded to all Others or as the managers of high
ways that penetrate into almost every county OF
the State, and that rom their superior utility will
sccN slpersede III others. or as the almost exclu'
sive carriers OF the products of the industry OF the
whole State. or as legally organized aggregations
of vast wealth that from its form admits of indct.
mite combinations for the attainment of objects OF
common interest, or that they constitute the most
powerful and active element that now exists I'M
der our form of government, every thoughtful man
will confess the extreme difficulty of digesting an
efficient, and at the same time just, system of laws
for their government.
But the difficulties that occur to my mind do not
relate to the power of the State TO enact and en-.
force proper laws, but they grow out of the COM
pick nature of the subject There are conflicting
interests to be reconcled and adjusted, and moth
Ing within the sphere of governmental action re.
quires more delicacy of management than what Is
termed the railway problem. And there IL another