The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-02-12
THE GREAT RAILROAD CASE.
Argument for the people in the Supreme
Court.


The argument on behalf Of the people in
the appeal to the supreme Court Of Hi
nois from Judge Tpton's decision in the
case of the Railroad Commissioners VS.
The Chicago 4 Alton Railroad Company,
has been printed. We present very con-
densed abstract of it, in which we have
aimed to comprise oil its leading points.
To state the facts of the case briefly
IAN Information in the nature of a quo
,sarranio" was fled Dec. 9th, 1871, by the
Railroad Commissioners, alleging that the
g. & A. Company hadeharged higher tariff
on lumber from Chicago to Lexington, ITO
miles, than from Chicago 10 Bloomington,
1875 miles,-in violation of the state law
against such Discrimination ana there-
fore asking the forfeiture of the Company
charter The Company's plea admitted
the facts alleged, but claimed the right 10
CIV tolls AZ discretion under its charter
that the said charter was contract with
the State and that the law of 1871 vio-
lotes the r. ). Constitution, which forbids
State TO pass a law impairing the obliga-
tion of contracts The Commissioners
'demurredp 20 the plea that is, took
issue ON the ldic of the case only and the
case was heard in the Circuit Court on
that demurrer the main question being
whether the Railroad Act of 1871 CONNECTS
with the Il. :. Constitution. The circuit
Court lJudpe Tipton) decided that IT does
not and adiudred Forfeiture of the com
nanvs charter, and from that decision the
company appeals TO the Supreme Court
The clauses of our State constitution ex-
pressly requiring the Legislature TO pass
laws regulating railroad charges are quoted,
and also the law of 1871 passed in pursu-
ance thereof; and the argument states the
question presented 10 be an entirely new
one, never before presented in any State
or Federal Court, viz:
Whether the Legislatures of the
States, having created corporations a,
their agents 10 construct public highways
which il is one Of the highest duties of thu
State 10 provide, have, because they hav,
delegated 20 such corporations the pOwe
10 construct such roads, forever parted OF
could part, with all right Of control owe
them.
The argument then opens with the CLAIM
that as the Legislative power is by tn
constitution vested in the General Assem-
bly and the General Assembly cannot, b
a single act, transfer the whole Of tina
power irrevocably 10 a corporation. neithe
can il, by series of acts, irreyocabl
transfer portions Of that power, and parcC
il out among several corporations, sine
that might in the end amount 10 the sam
thing, transferring the whole Legislative
power a. corporations. beyond control o
change las is claimed by the people fcl
over
Nine main points are then made as fol
lows
"l.--Corporatisns are subject to govern
ment, and subordinate 10 legislation, pre-
cisely the same as an individual or natura
person
Under which, the language of Chic
Justice Marshall and other legal sages
quoted, 10 the effect that the great objeC
OF an incorporation is to give 70 the corpo
ate body the character of individuality
and therefore, as 20 the general liability
legislative control, natural persons al
corporations stand upon precisely the san
ground.
The Constitution having vested the lie
isative power in the General Assembly,
follows that
"2.-Legislative authority is tru
which the Legislature cannot irreyOcab
delegate or abandon. 1t may authorize
exercise through agents of she public, b
such agents must of necessity remain su
iect 10 public control
4 multitude of cases are cited from d
reports OF the United States Suprer
Court and many State Supreme Court
affirming and re-afhrming the dOctrin
That legislative body cannot part wi
It's powers by any proceeding, so as not
be able u continue the exercise Of the
II can and should exercise them, ag;
and again as often as the public intere
require Its members are ma
by the people agents or trustees for thu
on this subject, and can possess no authc
~ TO sell or grant their power over
trust 20 others
In the language Of one of the decisi,
quoted
"A law, therefore, from its inner
nature. cannot be a contract on the C
trary, IL Is a rule of action, prescribed
the supreme civil power solely and all
from the paramount and controlling C
sideration of the public interests. 4 C
tract is essentially different and distin
il is an agreement between two Compel
parties upon a mutual and legal conside
ton, and in relation to matter which is
legitimate subject Of bargain or sale.
-. This Legislative authority which G
not be delegated or abandoned which
trust conhded by the people to the lie,
lature-has the same extent and is
same unlimited power. in regard to le
ton, which resides in the British Par
ment except where restrained by writ
constitutions
Under this point numerous cases
cited. and the conclusion drawn that
Legislatures have in numberless cases
with undisputed authority limited the I
Of ferry. bridge, plank road and turn
companies. the fares of hacks. omnibus
and drays, the tolls of mills, the rate of
terest, the charges Of hotels &c. 4
under the general power 20 prescribe 2
eral rules for the government of society
20 also can railroad charges be limited
general law under the same power.
=. The prevention Of unjust discrimi
ton and extortiOn comes within the lep
mate exercise Of the police powers Of
State
Admissions are quoted from the ar.
ment of the Railroad Company ! conn
10 the effect that the Company char
simply places the Company on the sa
legal ground a. common curriers', and d
like common carriers, il is liable at G.
mon law for abusing it, powers by exr
sive and unreasonable charges, Fl
which admissions the peoples cour
argue that the Legislature has power
restrain, by general laws, the tendency
the railroads 10 make excessive char
and unjust determinations, as it has
peatedly done in the ease Of common
riers
And they argue that the railroad c
pany have no more right 10 make un
determinations between different com
mites than between individuals. Nun
Gus English cases are cited to the ef
that II X. has no right by charger
higher rate for less distance. 10 dep
fhe localities nearer IN market Of their
turm ddrdH'dgf 81 position. Attention
called 10 the necessary tendency of 3
determinations 10 break up the bushes
persons at the intermediate stations.
compel them b remove to the prime
and competing points and that for
Legislature to allow this is to abandon
duty of affOrding equal protection to al
citizens Of the State. That the D
poirer Of the State 1.-THE internal regula
and goyernment) extends 10 the cOntr
railroads as well as ferries, &c, is
1 1