The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-04-27

ala MAY in,um su,n to be allowed TO COM
mon carriers for every Item rendered 10
individuals. If, Us has been maintained
by some, the constitution imposes tnat
duty upon the Legislature to he performed
in the way ir dicatcd, the general assembly
should ut once commence To perform ~,
and should remain IN session uhtll maxi
mum rates are fixed for every service, ana
shond reussemble as often rs changes are /
required. It's superintendent shouIa DO
constant and unremtting, 50 that justice
DO lone TO all interests and injustice DO
| done to none.
Ifsuch rates. liked in the law, should
| be determined by evidence to be not
reasonable. they would fall aud the law
be adjudged Unconstitutional. Tho iegis-
lature, the constitution says, must esLab-
lish reasonable rates by law. II the law
should contain rates not reasonable would
not the law DO unconstitutional
Since then the proposition to throw the
burden of proof upon the railroad corpora
ton, by enacting rates presumed 10 be
reasonable into u law, is one OF duuDtlu'
expediency, where shall NO look Tor
another aud
AsuGER METHOD
SIR, | dnI the solution of the problem
in section eight, which provides that the
commissioners shall make for each rail-
road corporation in tho state, u. soon rs
practicable, "A schedule of reasonable max
mum rates, Cor the transportation Of pas
sengers or freight, and said schedules
shall in all suits brought against the cor
poration, wherin is any way involved the
charge. of such railroad for the transport
tation of passengers or freight, or unJus:
/ discrimination relative thereto, be deemed
nj nj In al nf tina
prima facie evidence that the rates therein
=, fixed are reasonable maximum charges.
: this section shall stand the scrutiny OF
the supreme court, tie problem Of reason :
, able rates will bc solved by IL, The rail-
road companies will be compelled, the
burden of proof being shifted to them,
a who alone have the facts on which they
! claim certain rate to DO reasonable -
I, prove that the rates of tho schedule are
not reasonable and their own are.
THIS MOST IMPORTANT SECTION OF THE
. BiLL
:, viii, have no doubt, encounter opposi.
p ton ON several grounds, and will notice
y, the objections us far rs can anticipate
, them
u The objection most frequently men
: toned. is that so much of the section AS
= have read proposes to delegate TO the rail
duty of fixing reasonable maximum rate
for the transportation Of passengers and
q freights, to be- charged upon the slferen
;, railroad. of this state, which duty II is in
sisted must be performed by the genera
|, assembly, by specific terms OF law o.
. laws. Those who maintain this objecti1n
n rely upon what they insist is the very let
:, ter of the constitution, viz:
THE general assembly shall from tint
- to time, pass laws establishing reasonable
l. maximum rates Of charges, for the tran,
:. portation OF passengers and freight On th'
"a different railroads in this state.
~ These opponents of the section unlei
consideration, arekunderstood to conten'
that the constitution not only imposes th
Va duty Of establishing reasonable maximum
- rates upon the general assembly, but tina
4 it also prohibit, that department OF th'
- government from employing the aid OF an.
:. other department, either 10 determine tn
n rates necessary TO DO applied o
for collection CT tho specific fact.
THE LEGISLATURE NAY DELICATE POWER
This construction of the clause OF tn
constitution, which | have read in you
y hearing, has no support ia reason or pre-
=. cedent. The mandate of tbs constitution
=, which imposes the duty upon the genera
assembly OF passing laws estnblishinS rcu
"a sonable maximum rates, does not preclud
that department from selecting such inca
IN sures As il may judge appropriate to a6
NJ com plish the object. The rule applied b
a tho supreme court o. the United State
or with reference to the government of IT,
n, United States, which - one of limite
ar powers, is that when it is made the dut
70 of the congress of the United States TO
- an act IL is compatont for that department
=, of the federal government to select an
~ appropriate means of cilecting the object
- has equal if not greater force when ~
- piled TO the construction Of the powers
W a state legislature; and the supreme coui
. of our own state has laid down this rule:
IN "The legislature may delegate author
10 ty, either to individuals, or to bodies
n people, to do many important legislatiy
i'm acts, not only similar to that authorize
n by the law, the validity of which is her
o. questioned, but also others Of more in
al portsnt, and, upon principle, of niue
,at more questionable proprety.' The POI
No pie vs. Reynolds, 9th Gill. 90.
,at And again, in tue same opinion, we tlu
No this principle declared
,aS III the saying is true that the legisll
nm ture cannot delegate its powers, it is onl
"a, 50 in its most general sense. We ma
air. well admit that the Legislature cannot de
S6"sS 'N' bohoi"' iobi''bbi'o
ed still it may authorize many things to
NJ. done by others which it might properly
ON itself. All power possessed by the legsl
10 ture is delegated to it by the people, an
,ar yet few will insist, that whatever the lel
Ma islature may do, it shall do or else it sha
h;s 60 undone. To establish such q principl
IN large state would be almost to de!
N, troy the government, The legislator
os may grant ferry licenses or it may 10
If out roads and specify their mete
ms and bounds, and yet, who wi
cb doubt that it may delegate the power t
bo others Necessnrlly
40 regarding many things, Tia
legislature may act rnedialely or imme
diatcly. We see then that while the LEG
islaturs may not diyest itself Of its prope
o. functions,or delegat, its general legislativ
'el authority, it may still authorize others /
re do those things which it might properly
ca yet cannot understandingly Iand advan
" tageously do itself. Withou. this'author
~ ty legislation would become oppressive
~ ~ and yet imbecile,' The people ". Rey
'%S' nolda, 5th Gill PIP. IL, IL,
~ IMPORTANT QUESTIONS.
IL There is no doubt that whatever is don
We in relation to the Establishment of maxi
on mum rates must be done by or under til,
IL authority OF the general assembly, and i
Is equally well settled that the legIslativ,
department must act by the means o
laws.