The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1872-12-07

granted3 Judge Upton holds that subse-
duent conditions can be imposed Inc
General Assembly" says the State Con
stitution, shall pass laws 10 correct abuses
aapd prevent unjust discrimination and /
g extortiou in the rates of freight and pas
senger tariffs on the different roads in
4" this State and enforce such laws, by
adequate penalties, % ne ertsnt, II nee
"essary for that purpose, Of forfeiture Of
'tAeir property and franchises, This IS
void unless consistent with the clause in
the Federal Constitution forbidding any
State TO pass auy law impairing the obhga-
ton of contracts That the charters Of
private corporations are contracts protected
from invasion by the Constitution of the
United States is conceded. Corporate In
dividuals are entitled to protection in their
rights as much as anybody else. But n
man is not above law, and why should a
corporation be? The Supreme Court OF
the United States has held, and now holds
this doctrine That as to the general la
bility TO legislative control natural persons
and corporations are upon precisely the
same ground. Reasoning from this pre-
mise, Judge Upton lays down this prin-
ciple
II {. the peculiar province Of the Legislature to
prr.cribe general rules for The government OF so
treating corporations for the transportation
1f persons and property, created by the State, ~
psrsons or memben, the same ~ individuals. The
and operate q railway in this state nay take a
grant well as an individual and y protected by
the Federal Constitution the same an individual
and Il subject to the same Legislative control To
say that corporations created by the state for the
public good are above and beyond Legislative con
such manner a. to become destructive OF the very
purposes for which they were created. Is doctrine
too unrearonable to he entertained for moment.
The settled principle H. that the General Assembly
cannot part with its powers 20 legislue npon all
questions In which the public are concerned, by
, any proceeding a. not 10 be able 10 continue
the-exercize ef them II can and should, exercise
IT. legislative powers A. often A. the public Inter.
ests require lie members made by the people
agents or trustees for them on this subject and can
possess no authority % grant or sell their powers
over the trust to corporations or individuals.
Ii was even admitted by the counsel for
: the defense that railroad companies were
. not authorized 10 charge unreasonable rates
Z or make unjust determinations Who i,
! 10 be the Judge of the reasonableneSs OF
? charges, and what penalty should be IN
e ficted? To this question Judge Upton
\ replies The Legislature. That authority
1, cannot be lodged in any other. Railroad
]. corporations do not hold their property
D and franchises by higher tenure than the
|. citizen holds his farm or other property
!, The Legislature has as much power 70 pro.
r tect the public right, in the use Of ease
\ ment, and 20 protect it in the enjoyment Of
}. il, at reasonable rates, and without dis
l. elimination; and as much right to enforc,
/ such protection as the corporation has t
IS assert its claim 10 the right of way, and t,
/ exact tolls for the use of it
ID The concluding reason given is that tn
pr law was not the hasty, unconsidered act o
% a General Assembly, bill rushed through
e in hurry, but the result of most careful
: deliberatiou If the law is obeyed no fran
chise will be forfeited The Legislature
a right in question having been determined
= in favor of by the Constitutional Conven
p ton of 1870 by the people in the adoption
of the Constitution; by the legislative de
+ partment of the State, and by the Exeeu
: tive Department, he holds that such de
termination should be respected, anC
b that after such discrimination court,
; should only declare the act to be in viola
/, ton Of the provision of the Federal Con
} 'stitution when it is clearly made to APP
pear that the claim of the defendant tina
! its chartered rights are impaired by tn,
Is law is well founded,
g The progress of this case in the highe
+ courts will be noted in these columns.