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


the fact that franchises conferred by the United
States will be far more valuable than can he con-
ferred by any Of the States; that there are thou
sands of millions of public property 10 tempt the /
corrupt and the greedy and that members of Con. /
gress being far removed from the observation of |
their constituents will betray the people without
fear of popular Indignation.
IT, however, the opinions of the trainers Of the |
Constitution, and of the eminent statesmen who |
have actually guided the policy of the Govern |
ment from its origin, to be regarded author
ity in the determination Of the question under
consideration it ought not TO be claimed that 1t IL
within the power of the Federal Congress 20
authorize the construction of railways in the States
or 10 create interpretations for that purpose orto
regulate control existing railway corporations
in any way whatever. and the General Assembly
should earnestly protest against such an asBuinp-
ton Of power by Congress, and proceed with a
firm and unyielding step to the enactment OF
such just and Constitutional laws for the proper
government of railway corporations, as may be
necessary for the protection of the rights 81 the
people of the State.
Ny apology for the extended discussion OF this
question il that the people of the State in the adop
ton of the Amended Constitution, have imposed
upon the General Assembly duties ofhe CHEST I'm
porance and doubts as to the power of the State to
control the subject of railways have had and Will
have the effect TO produce timidy, hesitation, and
feebeness in its councils. To maintain the useful
ness of the State governments, it must be estab-
ished that their powers are in no sense subordi.
nate or dependent, but that. under our political
system. the grasp of the States upon their own
proper functions is as firm and uncontrolable rs
each are essential parts of our admirable political
system. and their orbits in that system being de-
fined, they are each supreme and alike indestruct-
ible.
WAREHOUSES
The enforcement of the 18th article of the Con-
-titution is Of but little less Importance than the
proper regulation of railways, and indeed the In
terests and duties of the managers of public ware
houses and of railways are so intimately related,
that legislation referring to one would not be COM
plete unless il included the other. Warehouse.
n puhlic pmDlOV.
ment. and are independent of the Constitution,
subject to legal control, and the principal effect
| of the Constitutional provision i to remove all
doubt a. TO the actual state of the law upon the
points embraced. TO render il interchangeable, and
| 10 impose upon the General Assembly the duty of
| passing laws to give ii full effect 1t will be prop
er, in my Judgment, TO provide for parties ip
| jured by the failure of warehousemen and rail
| ways to comply with the duties required by the
Constitution, and such laws as may he enacted,
cheap and simple remedies and also to subject
| them to Indictment Experience has shown that
private individuals are unwilling. and often unable
| TO encounter the expense of legal contests with
these powerful interests and their duties to
| the public, "a well as TO individuals. 1t seems emf
nently proper that the public should enforce them
And the magnitude of the task that will be as
| sumed by the state in attempting to subject rail
| ways and warehouses. and the individuals and
| corporations that own operate and manage them,
to That degree of legal regulation and control that
| i demanded by the public interests. renders il
| necessary 10 create Board of Commissioners, to
whom the duty Of enforcing such laws az may be
enacted for that purpose may be confded, and the
| commas oners should be clothed with all the
needfnl power, when the occasion demands it, to
compel submission to the authority of the State.
| EMINENT DOMAIN.
| The right OF the State to take private property
for public uses i essential TO the full accomplish
| ment of the ends of government. This right has
been Judicously regulated by the Constitution of
| the state, and IL stripped of features that have
| The 18th section Of the Bill of Rights extends the
protection of the Constitution to the prevention
| of injury TO the property of the citizen without
| compensation, and secures the right of trial by
Jury in all cases where compensation il TO be made
| for private property taken or injured by others
| than the State,
| In this connection it may be proper to ask the
| attention of the General Assembly to the propri-
| ETY. OF passing law under which the Governor. or
trustees or commissioners who may be appointed
| 10 procure lands for the erection of buildings for
the public, or materials to be used In the consruc-
| ton of such public buildings may ascertain the
proper compensation to be paid for lands or ma.
| terials. when required Such law would enable
| the officer or person charged with the duty to de-.
| feat combinations adverse TO the State and at the
same time do complete justice TO the owners of
| the. property required. From such exam
| nation a. | have been able to give to
| existing statutes, am persuaded that with
| improvements which will bring them into con-
forn1ity with the Constitution. and the addition of
| provisions for summonng a jury to ascertain the
value of property taken, or the extent to which it
Is injured, when jury is demanded for that pur-
pose they will be entirely sufficient for all the pur-
| poses for which such laws are needed.
| The subject is well worthy of prompt attention,
as 1t IL doubtful If there is now any legal method
by which private property be taken for the use
| of railway corporations, or for similar purposes.
THE JUDICIARY.
| The amended Constitution provides for SUI
preme Court, TO consist of seven Judges; for Cir.
cult Courts with original jurisdiction in all cases of
law or equity, and appellate jurisdiction as may be
| provided by law; County Courts for each county
and justices of the peace and special judicial or
| ganzaliOn for Cook county.
| created sre n nj
TO the present wants of the State, and will proba-
bly, he sufficient for many years to come, but some
fulness. and equalze the judicial service through
out the State The duty OF equalizing the judicial
circuits is intrusted to the first session of the Cen
| eral Assembly that shall assemble under the Con
| sltution, and as many of the Judges now una
bic 10 dispose of the business of their circuits, it
cannot be too promptly performed.
BY the 2Sth section of the 9Th article of the Con-
| stution, II i made the duty Of the Governor to
appoint all the Justices of the Peace in the City NJ
| thif0go. Doubts have been suggested az to the
proper construction to he given 10 the language of
| this section. There are a number of Justices of
the Peace in the city of Chicago, elected under the
provisions Of the law providing for the election of
police magistrates, and also under the general laws
| of the state who are in the CHy Of ChicnQo. The
doubt is, whether the Governor is to appoint the
Police Justices alone, or whether his authority ey.
tends to the appointment of all the Justices In tie
| cHy
| II would be judicious for the General Assembly
| 10 determine the extent of the appointing power,
| and to regulate the matter of recommendations by
| the Judges of the courts, and of the appointment
| by the Governor, by law know of no duty en-.
\ trusted by the Constitution to the Governor THAI
| demands more careful attention, or that more
| deeply concerns the welfare of n large class of
persons, than the appointment Of Justices of the
Peace who are TO administer justice in the greatest
city of the state. Any law upon this subject ought
10 provide that the Judges shall furnish to the GOV.
ernor not only their personal opinion of the ft
| ness of the persons recommended. but such other
Information in regard to them ~ he may require :
| that such recommendation should be furnished by
day named in the law, and tina, reasonable time
thereafter shall be allowed to the Governor to in
vesigatc the character and fitness of the persons
recommended. In order to remove all temptation
to corruption and oppression, the Justices of the
| Peace appointed should receive fixed salaries to
he paid from the proper treasury; and If tees are
| to be collected from parties they should he paid
into the City OF County Treasury, as the case may
| be.
| CRIMINAL JUSTICE.
The unrestricted interference of private persons
In the 0dministr OF criminal tustice tenda