The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1873-03-13
ILLINOIS RAILROAD DECISION.

i The decision recently rendered by the 81
h prene Court of Illinois, declaring uncoastieu
tonal tho law passed by the Legislature q Una
State to prevent discrimination IN ireigns 1af
liffs by railroads, has attracted Puolic a''eh
ton and been seriously commented on by ths
press throughout the country. 1t appears L
have been regarded as a victory for the monop
olsts: and the court has been roundiy aouseo
for giving judicial sanction to the great abuses
of railroad corporations in their UNJUST us
eliminating charges on freight and passenger
travel.
In the Chicago Times of February 26th we
find the decision of the court published IN iuii'
and we have carefully readl it. In was rendered
in proceeding against the Chicago ana Alton
Railroad Company by the State Railroad Com
missioners, in which judgment was rendered
in the court below against the Railroad Con'pa-
nv declaring its franchise forfeited under Tue
provisions of the act OF the Legislature above
referred to. The opinion Of the Supreme
Court was rendered by Chief Justice Law
renee, reversing the judgment OF the lower
Court, and pronouncng the act OF the Lesisla-
ture unconstitutional 1t appears that the act
was passed in pursuance OF provision oi the
new Constitution OF Illinois, which required
the General Assembly 10 ''pass laws to correct
abuses and prevent unjust discrimination aud
extortion in the rates of trelgh;s aud passen-
ger tariffs" Oh the different roads III the State,
which laws should br enforced "by adequate
penalties, 10 the extent, ii necessary Tor that
purpose. oil forfeiture OF their property aud
franchises +" The act. however. went Too far
and prohibited any discrimination. whatever
either JUS, or unjust. aud did mol even permit
a railroad company, when charged with a sia.
lation Of the law. 10 introduce violence 10 show
that the discrimination was not unjust. :
Under its provisions the mere proof that
railroad company bad Disseminated in the /
rates OF ireish.s or passenger tariffs Was made .
conclusive. aud the company denied the right +
% show. by evidence. the reason of such dis
4iatth@4 =. k-aN hae aus b3tJsett aAi - it4r
eiiure of the franchise aud all property owned
y the company followed such an er partc trial
punishment III the nature. fer the frs, uiiensc.
L least. al together too adequate. II We uia,
Use the term Tie practical operation Of tie
CT - To decay hearing IL the railroad compa.
les. and con:ine their defense la simple de.
wt .f ~ ttaa ttzrrtt,5.n...F fa.r.,tn ,&...., 81
lie plea Of confession and avoidance III crimi.
al prosecutions If Tie spirit # the law were
xiended. i: would. ia AL cases II homicide.
onhue the prisoner io a simple dcnal that lie
He'd the deceased. and proven; him from in.
reducing evidence Of Justification or srlt.de-
.nsc
The Legislature oi Illinois " Ill, TO doubt. q,
s irsi meeting. amend the nc. 50 that i. Will /
the objects for which il Was intend. 7
]. saorn IT those features which are oajec. ]
enable ga accom-. of being in con.llc. with b
10 Constitution OF the State, we have no doubt !
IT iha; instead Of victory for the railroads b
I'd monopolisis thereafter, The next declsinn I
1der the law amended vii be- "A victor, "
r The people. The closing portion of the p
Union Of the Court admitting the right of
g Legislature to regulate the matter being of r.
teress, we copy IT, as follows: ~
The opinion ot the court ia, tha. While the I
glsIa'ure has All unqurstionahe power Ia pro. ri
OFT u;Jnst discrimination IN railway irrish.s. -
prosecution can be maintained under the
listing act until amended. because If does mot !"
low the companies /" explain the reason for IN
g discrimination. but forrits their franchises N
ION an arbitrary aud conclusive presumption ;.
quit. 10 be drawn from the proof of an ac, ~
at might be shown to BE- perfectly innocent Vi
these particulars the existing act violates nv
e spirit of the constitution ~
2 ih