The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-02-11
THE GREAT INJUNCTION CASE.
NO GUARDIAN NEEDED FOR P. L. CABLE.
The Decision Practically in His Favor.

The Decision Practically in His Favor.
In this paper will be found, in full, the
decision of the Supreme Court of this
State in regard to one point in the case be-
tween the Coal Valley Mining Company
and the Peoria & Rock Island Railway
Company, and that point is, that the peo-
pie cannot be deprived of their right to
have coal transported The contract be-
tween these parties did not seek to do any
such thing-but the C. Y. NJ. Co. asked
the court to require the Peoria Company
to pay, as it had agreed to pay, or stop
bringing coal The court say-we can I do
that the road must carry coal for the
people; but the question as to whether the
Peoria Go. shall pay the c. V. NJ. Co. the
nifty cents ton or not, is not now before
us-when it is we will decide it. Here is
what the court say; The question pre-
scented is, whether court of chaucery
viii restrain these companies" the p.
x X. l. r. r. Co. and the R., r. l. 4 st.
L. X. r. Co. " from carrying coal as
" freight for individuals because appel
lants have agreed to pay appellee fifty
- cents for each ton so carried, and for
which appellants refuse to pay at that
rate. Is such contract ultra rires and
against public policy? WE THINK
MOT"
The opinion of the court was delivered
by Judge Walker, who proceeds, at consid-
cradle length, as will be seen, to argue the
question of rights and duties of railroad COM
panies. This discussion is peculiarly apro-
pos and interesting at this time, and will be
read throughout the State, as shadewing the
position of our Supreme Court in regard
to railroads and transportation companies.
The court say When these great and
useful bodies were created, by the peO-
pies Legislature there were two conSid-
'erations that induced their organization,
" One was, and IL ooS the highest and most
" important, THE ACCOMMODATION
OF THE PUBLIC, AND THE PRO
" MOTION OF THEIR INTERESTS. -
Illinois, by its Legislature, has taken
ground in advance of any other State as
to subordinating all corporations to the
interests of the people, and our Supreme
Court. we think, will be found fully up
with the requirements of the times, on
these questions
The court has decided that the Cable
contract is not against public policy, but
whether such contract may be held
- valid and binding as between themselves,
when suit at law shall be brought TO
" recover the price agreed to be paid, is
not now before the court, and we refrain
" from its decision until it shall be properly
presented.
1t is very evident that the court will not
permit one corporation to procure the
property of another corporation by agree
ing to pay stipulated price and then, af-
ter getting possession, permit the purchas-
ing party t. plead baby on the contract
keep the property, and not pay what it
agreed to pay The Peoria company can
not be stopped from Transporting coal; it
may carry all the coal it pleases and for
whom it pleases, and at a. low a rate as it
pleases but it must pay the c. Y. VI Co.
what it agreed to pay, or give up the road
That is the complexion to which it will
come at last 1t must do Just what it
agreed to do, 1t has not made a contract
against public poliey-hat is already set
tied. The question as to collecting the
fifty cents a ton is question of debt. in a
court Of law, and how that win be decided.
when it shall he reached, no sane man can
doubt The gentleman who was running
around town yesterday inquirinc who was
to be Mr.. Cables guardian may dismiss
his anxiety on that subiect-he will need a
guardian himself much sooner than the
man ne seems SO anxious % have cheated
out Of his property.