The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1872-12-03

THE RIGHT TO REGULATE RAILROADS
Illinois Leads the Way.

Our State holds the proud position of
leading the way in the great contest which is
10 come in regard 70 the Rights Of the
States, 1.-THE Judiciary sustain the peo-
pie in this war all right II not the PEG
pie will find way to reconstruct the iu.
dietary. BY the new Constitution Of this
State the Legislature was authorized 10
regulate the charges and management of
railways, and laws have been passed and
Commissioners appointed to carry those
laws into effect.
A ease under these laws has Just been
sustained by Judge Upton Of the Mclean
County Circuit Court 4 correspondent OF
the Chicago Tribune. writing from Bloom
ington ON the 26th ult, thus alludes TO il
"The celebrated case of The People, ex
relative the Railroad Commissioners-Cius
tav Koerner, II. i. Morgan, Jr, and Da-
yid l.. Hammond-vs The Chicago 4 AL.
ton Railroad, was up in om Circuit Court
this morning, on demurrer To defendants
plea.
The proceeding is in the nature Of a
quo warrantO the object being 10 deter
mine the eonstitutionality of our railroad
legislation under the provisions of our
State Constitution, and to forfeit the char
tered rights Of the defendant for violation
Of the laws lately passed regulating rates
for freight, and prohibiting Determinations
against communities along the line of the
defendants road.
The complaint alleges that the defend
ant, as corporation, &c, charged citizens
g. 65 per thousand for lumber from Chi
cago % Lexington, distance of | 10 miles :;
and charged consignees in Bloomington,
on lumber from Chicago, only - per thou
sand-the distance between the latter
points being l26 miles-in violation of law,
&c.
The defendant admits the discrimina-
ton and says that the freight 10 Lexington
was reasonably low and that IN Bloom
ington unreasonably low; and that the lat
ter rate was 40 made and adopted for the
purpose Of competing with the Illinois Cen
trail Railroad in carrying between Bloom
mgton and Chicago The defendant also
sets up its chartered rights and the uncon-
stltuhonality Of the acts of the Legislature
N attempting 10 regulate the charges for
freight
To the plea of defendant the People
demurred and this morning, Judge Tin
ton, Of this circuit, in a lengthy and able
opinion, sustained the demurrer and the
constitutionality OF our railroad legislation
holding that the People, in creating cor
poratious, and vesting them with chartered
privileges, parted with none Of the sover-
elgn rights which inhere in all govern
ments, 10 protect itself and the governed
from abuses, extortions, or unjust discrim
inauons' ON the part ot its own creatures
Ills opinion will be published at length.
fhis case Is of great importance, and
will be carried % the United States Su-
preme Court Upon its decision by the
highest Judicial authority in the nation
hang interests Of the most vital character
IL Is urged that the State, under the Fed
eral Constitution, cannot pass laws impair
rug the obligations of contracts; that the
charters OF railroad companies are contracts
IN that sense and that the State author
ties, Ia granting corporate rights 10 rail
roads, parted with the power Of controll-
ing and managing them in the interests
and for the benefit of the people. If the
state has not such power, certainly the
general government has and the growing
enormities practiced BY the wealthy rail
road corporations in this oountry-extort
ing tribute from the producer, discriminat-
ing against localities, building and tearing
down the trade Of communicates loud
~ Tor the protecting arm Of The govern
ment to shield the people from the exac
u3ns and abuses of creatures that exist
only BY the will Of tho people
The decision IN the case Is a stem in
enght direction and, should the pa
courts sustain it, we may coAis)- isn ne,
ibS eS All Railroads 10 the NJ. 10 surrender
eral Incorporates, ..nize under the Gen
that the W. o. Act and furthermore,
profess pie will, in future, be better
raj ii against oppression on the part OF
road mOnopolies than they have ever
been heretofore
The Chicago journal, has an editorial
article on the subject, from which we ex-
tract the following
The Circuit Court Judge Upton be.
fore which the first trial came of, sustained
the validity of the statute The Supreme
Court of the State can be appealed to, OF
the case may be brought directly to the
United States Judiciary.
II will probably be a long time before
the decision Of Judge Upton will be made
final. or set aside forever The processes
of litigation are dark and winding. Upon
its fate hang the gravest consequences
railways within its borders. and will keeI
on trying more aud more resolutely AT
each session of the Legislature, unless
checked by Judicial authority 1t is in the
hands of the nine Judges composing the
Supreme Court Of the United States u
nullity every conceivable attempt Of any
State 10 restrict the freight and passenger
charges except as the right 80 IN do may
have been expressly reserved. Whatever
may be the theoretic shading, to that com
plexion will the actual facts come at last
Unless State can punish violations %
statutes % regulate railroad charges b,
charter forfeiture, they might as well Civ,
mp trying to regulate the matter That i
the only way to enforce respect
II there is a way 10 evade State legis
lauon On this subject, there would be n,
way a. escape from national legislation
The Constitution gives to Congress tn,
right 70 REGULATE commerce between tn,
States. The authority vested in that body
by tins clause " the Constitution is ampl,
and explicit. Nothing more is needed thar
that public sentiment should be aroused
and directed. Before another Congress
si"nal election occurs we shall know whai
position the national judiciary decides b
take upon the issue raised n the ease ms
passed upon by Judge Upton. If tn,
country is 10 look solely TO Congress fol
the needed legislation 10 restrict railwa,
extortion, we shall know Il before the cam,
paign Of 1874 shall have begun. If m,
railroad war must be fought out on ,
national line, let us know it, and commenc,
operations at the very next opportunity
The sooner the contest begins, the easiet
will be the victory. Final triumph is Ger
tain. The country cannot long tolerate tn,
absolute monarchy of the railroads. Tn,
people are being taxed terribly TO suppor