, 1873-02-25

The Question Of Freight Dis
ordinations.
The People VS.. the Chicago 4 A|ton Rail.
road Company.

cp1n1on OF the Illinois Supreme Court
Reversing the Judgment Of the
Circuit Court Of 3ic- =.
Lean County.
| 1he Chicago alton Railroad Company ps. The
| peops, e1 rel. GnstGrus Koer7.er, Richard F.
! Morgan, Jr:, and DGUid S. Hammond, Rail
! ROAD and Warehouse Commissioners. appeal
Opinion OF the Court by Mr. Chief Justice
Lawrence: =,
This record brings before us the proceedings upon
an Information. In the nature Of quo waEtanto fled
ny the hatiroa Commissioners Of The State against
tne chicago e Alton Railroad Company, under the act
which vent into operation July 1, ls7l entitled tan
act - prov cnt Just DETERMINATIONS and extortiona
II hs rat = TO b charged by The different railroads In
xoads The Information Sc: forth that the Company
this s hss sna1Ee md
1ngtnn, q distance Of Ito milea, the sum Of s565
RRs RRes dno a9oo ~ feet while 1T tie sane time il
1rom Chicago to Bloomington. distance Of 1oB raea
~ sum Of $spe coo feet. The Company, By wy q
Of toll from Ch ago to Lexington fact resson-
able, while the rates from Chicago to Bloomington
WaFe unreasen' BY low and were established Of
the oompeul At tho latter point with the Illinois Gen.
INJURED The demurrer was sustained, Judgment Of
franchise was declared forfeited From ills judg-
ment the Company has prosecuted IN appeal to thIs
The question involved in this record is the eonstu-
tGnfor1astion was. nltd: The object Of ths
3adteatsa = IS e11s'as tis1s ~sisa liz W. w
h1Es already given Ths substance of the 5at sesoa
es ar s' e aas sae
Entanon q freight over any distance than Il i
etss leu distance, shal Charge he same
amount that 1t charge over less distance.
3;.ae hnethec clause Of tie same section provides
PORTION road han is charged for trsghs q
Tho second section Of the act merely aepes ~hass s /;
meant zen By the Phrase Eailroad corporaaons>'
The standard for freight charges This section is not
brought before by this record The fourth section
ssen Il for dts tsrs.s et s Rns Of @
ths aet The 6th and lass section provides that ANU
ton, ssha Be- deemed sna taEe Tor forfeiture cit Il is
fraxehises" aud authorizes proceeding to that end
VERY elaborate arguments nave been aled By ooua-
ae1, but they are chiefly devoted to discussion
af tho ,,v Gf the Legislature to eoa
maximum limit It Is nrgea By counsel for the coz
pany that its charter il contract with the State by
ation the right to establish ita OF to subject
only to implied condition, which ia admitted by
pdveges It granted protected under that clause Il
the States from euacting any Law impairin9
the obligation Of contracts. On the other h.nd E;
contended by counsel for tha REALTORS that rairoa1
the exercise Of the right Of eminent do=iu-a right be-
longing only to the sovereign power OF the ste, .nd
BE- regarded Is quasi pubic i eoporpcpe
snd therefore subject to Legislature control so faf u
ars ot whh t5s Legislature M me must Ron's sese.s,z
be the judge It Is further contended that the right
to control and regulate their tolls is species Of pn
the State If it should desire, tecause essao
tial to the proper sovereignty ct the State
aed of discussion, upon hich We do not, IT, It prs.sn
propose to enter. We have stated them for tbe~
0pon pf IN n 10 as1 that We % e.
pose to do 20 until case shall come before us de-,
handing their discussion. There are laws upon ths
before docs not necessarily do in it's application,
the md the Of an opinion
Ills record would b obvousl; sSo ''d impsop4:
co1ceding, for the purposes of this ap-
in regard to the tnviolaby Ct re1lroad cbarterr r.
ga1ded IN the light Of contracts still Of opiaca
ha: the Legislature has the cearest right to pass 70
lct for the purpose Of preventing Just decriml
'idua1s communlties and to enforce It's observanot
my be briefly stated, and they are IS folowB:
4 rai1rosd company is chartered, and is chartered
erdorming he dss of eomnon carrier. The Do.
les and Liabilities OF common carriers clearly de-.
ned by Tie common law, and have been so defined
pom this subject is one Of the raoat important =.
as OF lsS scienes @ snd It's leading g
early day. Ono Of these principles is thst noth.
ag excuses the carrier for the non-deNvery Of ths
I'd ths pubte enemy wo do 10: % Ind Il VT Written M H.
charters OF railroad corporations this Slate thst
asy shall exercise their franchises subject to this
ss sz.as asa ,ns ayaa not Rsa;t'Ds saf e. tai
ith the shipper, to which his IRE assent must b.
lown to have been given. another perfectly wel!-se
.1rers, s that they aha not exercise any nns: as5
furious discrimination between individuals In :hetE
ties Of toIl. n the language Of Chief Justice Holt
Bunard, ID, Raymond, dssied i1 liza he UuSs. esn
l. a al ss s os ss
iry md without unjust discrimination. This cou1.
Of rarcad os buf IT, u.
1ted b tho aet Of d The publ: enemy, :1' P It.
carriers ta noascnt the5 con con.nence e|t tea
Of freight II accepting tteir charters,
rEers, they necessarily accepted them with ID ia
tics and liabilities attached, By tbs existing law to
function Of common carzjsr rha proposition
nit OF more argument taas, ~
10 ,9R ionose. in ,n1 stnsnstes Ia4a Thi'e the -
eA1. @A"A1S A-Aa lu{HtIEu TEtu fH11flG-
Is exercising the vocation ct common ca7.;er ths
!gation Of rendering servce to I'll nczacna, without
Justice to anT. how utterly unreasonable It Is 70
I'm that corporation is to be pernted to diec7su.
te n ia tolls At IT'S discretion, and without regard
Justice merely because the Legislature in tao char
that created IT tos tho purpoee of e1sr-;.
ing IA. hke vocation, has af,:horized 1t:
r.! Ct toll, without in tarals providing:
! meg sls1 be fres from unj2zt discrimination.
1ae VI" the import Ct TINT grant, 1aade 1t was IN
"a hnd general te1ms7 Ccas!y nothing more thanI
= 'hs CORPORATION ehouid have the right a.
lshing tolls that natural Eoyso has, when acting
common carriax,-a right to be exerc:ged ~i:hi7
saue limitations that the common Law, in heh.Iot
'tice and public policy, tmpoaes upon the natural
n. ..... /
rh.s case hns been argued en- 10th sides with com.
nda5le ability and can1or, md avail ourgevcs IT.
admiration znade By co,nsel fo7 tho Company, to, /
3st1ate the position nc ere enforcing. /; is do2f
led by counsel in express terms th1t "a n:tu*l /
FBon is not allowed to make unreasonable z.d +
:esalTe e charges ~ common. carrier, and sn
tncda1 person is subject to tho sa1ne rcs.tctcce1
Is, Of course, conteaded by counsel th1t the Isie.
ure has 10 power to aeterrjun what charges IN
aoneple or unreasonable, but with that branch 4
question We have, iu thia ceac. no coaca1u Iti1