, 1873-05-02

arc not contracts In tho sonso that they arc par
amount to tho Constitution and laws Of Illinois,
and tho Illinois provisions relating to railroads
arc not repugnant to tho Constitution Of tho
United Gtatea.
8. That tho railroads arc highways and tho
companiea common carriers, and tho Legislature
should pass laws establishing reasonable maxi
ton should bo Sustained and enforced by tho ju-
dicnry Of tho State.
4. That thoy would support no nun for
Judge Of tho Supreme Court who docs not agroo
with thoBo resolutions.
t. That tho Judgment Of tho Supreme Cours
and tho punishment OF contompt in tho case Of
tho Chicago Journal is violation Of tho prin-
ciple Of FREQ government, dc.
Having adopted theso resolutions by tho vote
named, tho Convention nominated tho Hon. a.
III. Crnig, Of Knoxville, notwithstanding his
writton declaration TINT ho was not d candidate
and would not accept It nominated.
What we wish particularly to call attention to
Is the fact that tho majority Of this Convention
have undertaken to doodle questions Of constt-
tutionsl law which have perplexod the moat pro-
found lawyers that have appeared at tho Bar
or have Hat on the Bench in this country. The
Convention las permitted no difference Of opin-
ion, no question as to the oxtont Of it's decision
Il absolutely decides tint railroad charters are
contracts, the obligation of which can be I'M
paired by legislation, and that no part Of the
Constitution Of tho State iH in conflict with tho
Constitution Of tho United states. Upon thoao
points tho Convention declares tho law, aud in-
aists that 10 man shall be Judge who will not,
before his election, announce that ho will main-
tain that the decision OF the Convention Is right
Tho Convention further resolved TINT tho Leyis-
laturo should pass laws ostabliahing reasonable
| maximum rates for transportation, mud such
legislation should bo uphold and enforced by tho
t courts. The lattor pnrt Of this resolution has
no meaning unless it bo that, whatever
rates the Legieaturo may enact, the
courts shall hold to bo reasonable and
| just, purely becanHe 30 declared by tho
act Of the Legislature. Whit is a reasonable
charge Is question Of fact to be determined by
tho circumstances, aud, whether tho Legislature
enact TINT cont per milo Per ton for freight
aud cent per mile for passengers be d reaaon-
| able rate for their transportation, or TINT tho
railroads may charge 10 conts mile for each
passenger and for each ton Of freight, tho ques-
| tion Of tho roasonableness Of tho charge is in
nowiso changed. Tho Legislature cannot alter
facts it can no more mako nu unreasonable charge
legal than 1t can mako a reasonable ono illegal.
Nor can thiB bo dono by convention or town
meoting. It can only DO determined by a
court and jury upon hearing tile whole
| facts and circumstances OF each caae.
| But this Convention have declared that
whatever rates the Legislature may prescribe
| shall bo held to bo reasonable, and that tho
| courts shall onforca their collection, thereby
committing tho public interests to tho moro dis
cretion Of majority In tho Legislature, md
throwing away tho great power Of the courts,
which il tho only certain protection against tho
corruption of Legislative bodies. The Legisla-
turo that hxos ratos one day may change them
tho noxt. Tho Legislature TINT allowa conts 4
milo for passengers to-day may give Legislative
sanction to cents tomorrow, and tho Judge
elected unaor the Princeton platform will bo
required to uphold tho Legislature. OF all
things else, the establishment Of legislative
discretion, in the place Of courts and iurios, ia
the most dangerous expodiont Nino-tontha Of
the evils which distresH and harass businoea
and clog tho whoelH Of trado and production arc
the result Of legislation; there ia not q
monopoly or my other Institution arrayod
against common right aud common equality that
is not tho oreature Of legislation. Legislation
IL the abominatiou Of tho times. To croct tho
Legislature OF this any othor State aa tho solo
arbitor OF public md personal rights, would be
to select doapot whoso whole careor is markot
by fraud, dishonesty, corruption, and de
tianco OF public right. Tho Princeton Conyon
tion has resolyod that it must have
Judge Of tho Suprome Court who will 81
with t!od hands, and declare that wLatoyc
the Logs1ature docs Ia rlght aud must bo th
law. We can Imagine no result 10 pleasing t,
tho railroad corporations, and to monopolie
generally, as tho adoption Of tho principle tia
no court shall ovorru1e all not OF tho Legislature
md TINT deoroes OF tho latter body aro tlna! aut
nbsoluto. Monopolies can doal moro successful
ly with legislative bodies than with courts.
We do not propose to dlsouss whether tho do
cisionB Of the Princeton Convention on quoa
tions Of constitutional law are right or not
That ia question for tho courts. The mistal
Of tito Princeton Convention Is in making th
Judgs docido, before Lis election, casoa whlcl
aro to be tried by him nftor his election. II
Judge should bo required to pledge himself tia
when elected ho shall, in caso before hin
between euitorB, decide againat ono O
tho,n without reference to hls convictions O
juatioe and law, what faith Or conhlonce ca
DO p1aoel in such Judge that he will not vic
late that plodgo as readily ~ yioate hts oath Q
| of1tcn2 tn dnu1and of Judae al1ch q pledge