, 1872-11-28
ILLINOIS RAILROAD LEGISLATION.
Its ConstitutionaIity Sustained by the
Mclean Circnik Court.

ITS ConstitutionaIity Sustained ny 1ne
Mclean Circuik Court.
Succial Despatch to The Chicago Tribune
B1ooM1Sares, ILL.,, Nov. 26.-The celebrated
case OF The People, &c 1elatt4e the Rallroao
Commissioners,- ,--Gn Gnstav Koerncr, R. P. Morgan,
IT, and David L. Hammond, ,-us- The Chcago
t. Alton Railroad, was up in our Circuit court
this morning, On demurrer to defendants Plea.
The proceeding is in the nature OF quo 0dr-
ranto, the object being to determine the consul
nationality of our railroad legislation under the
provisions OF our State Constitution and to for
felt the chartered rights OF the defendant Tor
violation OF the lays lately passed regulating
rates for freight, and prohibiting determinations
against communities along the line OF the de-
PENDANTS road.
The complaint alleges that the defendant, as
corporation, &C., charged citizons $500 per
thousand for lumber from Chicago to Le1lngr
ton distance Of ITO miles {; and charged con-
sienees in Bloomington. on lumber from Chi
ca9o, only IS per thousand, tho distance be-
| tween tho latter points being 126 mIes,-in Sio-
| 1ation Of law, DC.
| The defendant admits the discrimination, anu
| says that the freight to Lexington was reason
| ably low and that to Bloomington unreasonaply
| low and that the latter rate was so maae anu ~
adopted for the purpose Of competing WHINE Mltn ene
| Illinois Central Railroad in carrying between
! Bloominrton and Chicago. The defendant also
sets IN its chartered rights, and the unconstltu-
tionaLty OF the acts Of the Legislature IN a.
tempting to regulate its rate OF ehafees 1of
freight.
To the plea Of defendant the People dema1red;
and this morning, Judge Upton, OF this circuit
in lengthy and able opinion sustained tnH oes
murrer, and the constitutionalty OF our ralltoaa
LEGISLATION, holding that the People, IN creating
corporations, and vesting them with chartered
privileges parted with mono Of the sovereign
fights, which inhere in al Governments, to pro-
tect itself and the governed from abuses, extoE.
tons, or unjust disGImnatons Gn IL me Pna1 oa
it's Own creatures. Aas opln1on "aA Do pnoAeneo
at length. ;,,
be carried to the United States Supreme Court
Upon its decision by the highest judicial authoIi,
ty in the Nation hang interests ct the most vital
character. It is urged that the State, under the
!, Federal Constitution, cannot pass laws impair
ing the obligations Of contracts that the chaf
ters OF railroad companies are contracts In tina
! sense and that the State authorities, III grant
iur corporate rights to railroads. parted with tht
power Of controlling and managing them IN tht
interests and for the benefit OF the people. I
i the State has not such power certainly s; int
General nEoa has and the the ees{h
!. railroad corporations in this country
:. tribute from the producer, discriminating
. against localities, building and tearing down IN
4 trade Of communities-call loudly for the pro Pre-
t | people from the exactions and abuses o
r creatures that exist only BY the will OF tn
q | people. =.
= it. We may confidently expect all the railroads i
his State TO surrender their charters and organ
j. ize under the General Incorporation act an
i furthermore. that the people will, in future,
t. better protected against oppression on the PAL
OF ra11road monepoies than they have ever bee
= heretofore. AD REM