The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1872-12-07
CAN THE STATE REGULATE IT'S CREA-
TURESl

The People vs. the Chicago. Alton 4 St. Louis
R.R. Co,---Grounds Of Aeticn.
The readers Of TIM ARGUS have already
been made familiar with the case recently
decided in the Mclean County Circuit
Court, in regard 10 the right of the people
70 control and regulate the creatures they
create The clause OF our new Constitu-
ton on which the law is founded is as fol
lows .."tt Et#.
gtq Railway heretofore constructed or that may
declared public hishwnys, aud shall b. frce TO
all persons for the transportation " Their persons
and property thereon, under such ~, 1Ss1 nnra
Assembly shall. from time tn time pass laws estap-
li-hing reasonable maximum ratgs .. fhs,ges 70, Ior
ihs transportation Of pe-sgsr' S''" eh we
SIS The General Assembly shall pese laws 70 cor
rect abuses and prrycnt unjust discrimination and
ON Inc different railroads In this state, and enforce
such laws by adequate penalties, 10 the extent, "
necessary flr that purpose, Of forfeiture Of their
properly and franchises.
The following is AN extract from the law
passed by the last General Assembly on
the subject Cd ar. --rr --.---
Reit enactcJi ~ me p,.uptc - the stat cf nu-
uoi. represented IN the Gcurral Assembly. That
no railroad corporation Organized or doing business
IN this state under any act of Incorporation gen
eral law uf this stats now IN iorUc or which may
b. hereafter enacted shall charge collect for the
transportation of goods merchandise orproperty on
~ said road, Tor any distance, the same nor any
larger nor greater amouhtus toll or compensation
than T. at thr same tune charged collected for
thr transportation OF similar quantities OF the same
class % goods, merchandise or properly over a
greater distance upon the same road, shall sucL
corporation charge dincrent rates for receiving,
aF
on H. road or roads connecting Herewith which II
hh- right To use Nor shall any such railroad
corporation charge or collect for the transportation
81 tood-, mrrchandise. or properly over any pur,
uua uf 10 road, greater amount a. Toll or com.
prnsation, than shall be- charged or collected by II
Tor the transportation OF similar quantities Of the
same class Of goods merchandise or property. over
any other portion of It. ruad Of equal distance
And all such rules, regulations or bylaws OF any
such railroad corporation a. FIX prescribe or estah
lirh any greater toll or compensation than 4 here
ibbeforr prescribed, arr hereby declared to he void
On the jth of December. 1871, informa.
ton In the nature Of q'io rdrrdpfo wa,
filed in the Circuit Court of Mclean eoun
ty, setting forth that the Chicago ant
Alton railroad company charged Sj6j pc
NJ for transporting lumber from Chicago :,
Lexington, a distance of 10 miles, Will,
they charged only 81 per VI 10 Blooming.
ton, distance Of l26 miles.
The counsel for the People entered a
general demurrer, and endeavored by ar
gument 10 substantiate the following pro-
positions
J. Corporations are subject to govern
ment and subordinate 10 legislatures, pre-
ciSely the same as an individual or riotous
person
>. Legislative authority is trust which
the Legislature cannot irrevoeably dele
gate OF abandon. II may authorize il.
exercise through agents Of the public, but
such agents must Of necessity remain sub,
ieet 70 public control.
3. This legislative authority which can.
not be delegated OF abandoned-which i.
trust conhded by the people to the lepis.
latures-has the same extent and the
same unlimited power In regard to lepisla-
ton which resides in the British Parlia
ment, except when restrained by written
constitutions
!. The prevention Of unjust diserimi.
nation and extortion comes within the
legitimate exercise Of the public powers Of
the State.
.. IL cannot be presumed that the Leg
stature intended irrevoeably to part with
the power of preventing, by legislative en-
actment, unjust discrimination between
communities or individuals
q. Railways are improved public high
ways, and therefore can be constructed b,
the aid of the right of eminent domain
Railroad companies are public agent
created for the practical administration o
the public property right Of way pu
into their hands, az such agents, TO be all
mnlstered ~ SubServe public interests
and therefore, must remain subject I,
public control
The people counsel endeavored to sus
tain each Of these propositions BY deeis
ions made by the courts of highest appea
IN the several States, and by decision ron
dered by the Supreme Court Of the Unite,
states In summing W their argument
the counsel say;
ha. IT; I.',''' .es cited agree unanimousl
,,,rs, ~ Ids are public institutions. The
Ne e such, or power Of acquiring tn
e Of property by the exercise Of tn
right of eminent domain could not be dele
gated tO them Private property can onl
b. taken for public use. And railroads !
taking and using the right Of way
whether the same be obtained by dire
grant from the original owner or by exel
else Of the delegated right of eminent do
main, are public institutions and receiy
the property in either method only for
public use The only reason why the
have the right to acquire property in an
way is because the Legislature has seen {
N declare that the use of property thu
acquired is a public use, and for that re;
son has allowed them 10 take by grant
acquire by condemnation the lands ne
essary for the purpose of public highway
And public highways, though entruste
a part of the public domain 10 the az
minlstration Of corporations otherwise pr
vate are public institutions, and therefor
in the language Of Chief Justice Marshal
are of course, controllable by the Legisl
ture
We think it has been demonstrated
the reasoning and authorities before pr
scented, that the existence Of an arti6ci
person created by charter from the Legi
lature conters on such creatures no high,
rights than are possessed by individu
citizens. Both are alike subject TO ii
control OF the Legislature 80 far as it ma
deem 1t proper tn impose regulations Il
the promotion Of the general welfare
the citizens of the State. Chartere
rights, while they are 10 be upheld ar
protected within their proper limits and
the extent to which they are capable
being conferred, yet, ike the rights of i
dividuals, are and must remain subject
such regulations by law as from time
time the public good may require. Tn
shows the pregnancy of the meaning
Chief Justice Marshal, in the lanpua
above cited, where he says The incC
porated act neither gives nor prevents Il
control"
Some months ago the case was argue
and on the 18th of last month the ca
was decided in favor of the people. T
decision of Judge Upton has been pu
hshed in full, and we will briefly refer
1t here. There is intense interest felt
the subject by all classes of the intellipe
public, and that throughout the VIII,
country, The principle involved is as vi
ID one state N ovnkln-