The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-06-30
Ths SaiIu Arsns.
Monday. Jane 90. 1879.
From the Chicago Times 2Sth.
spseial Legislation Il Monopoly /.

the new constitution, In believing that II
bore ian indissoluble life" II was popu-
larly know as the Cook county legal re
porting monopoly The history Of its or
igin is that Of ten thousand other and still
existing monopOlies by which the Ameri-
can people are cursed. In the days when
the Legislative reporting and printing
steal fourished at Springfield, a eompa-
ny Of Chicago short hand reporters got the
Job Of reporting the daily emissions of
the assembled wisdom. The Legisla.
ture was one Of those which, under the old
constitution, disgraeed the State by its
reckless looseness in 'axe-grindlng Inc
reporters observed that every rascal who
came TO Springfield asking special Legs
lative license TO commit depreciation upon
the pockets Of his neighbors readily OBJ
tanned a grant of the privilege asked for,
They said 10 themselves Every fell
low that wants TO be a legaliSed thief gets
from this Legislature a special act for the
purpose. Why should not we receive
some share of those special advantages
which so many other persons are getting by
this process OF specia. Legislation ?" Not
perceiving why, when stealing made
easy is the sign over Legislative doors,
one man should not have license 10 steal
u bill for IAN act to preserve testimony in
the courts Of record in Cook county, re-
curing all testimony, etc, TO be taken
down in short hand, and providing for
themselves as official reporters an exclu-
sive monopoly Of the legal reporting bust
ness for all the courts in Cook county, with
a lien upon the county treasury for their
compensation. Such was the Cook county
stitutOn put to death, but which neverthe-
less refused to die, and to which the Su-
preme CURT has just given its quietus.
The decision was prepared by Judge
Thornton, and was perhaps his last Judi
Cial act preceding his retirement from the
Supreme Bench. The following extract
from the decision contains the essential
point Of il
provides as follows All laws relating 10
courts shall be general and OF uniform OPP
Grafton and the organization jurisdiction,
powers, proceedings, and practice Of all
courts, the of same class or grade, so far as
regulated by law, and the force and effect
OF the process, judgments, and DEGREES Of
such courts, severally, shall be uniform
We cannot regard this provision as only a
guide and direction 70 future legislatures
III the enactment OF laws concerning the
practice Of the courts Prior to
the adoption of the constitution, the legis-
lature had repeatedly enacted special laws,
regulating the practice in the different
circuits, and in the different parts of the
State the proceedings and practice of the
courts were not only not uniform, but were
Us diverse as though the several circuits of
the State were under different govern
meuts and controlled by enactments of diff
tereut legislatures. IL was intended to alb
rogate all this special legislation and estab-
lsh uniformity in the power, proceedings,
and practice of all the courts Of the State,
OF the same class or grade. 1t could only
be effected by u repeal of this special legis-
lation So long rs it existed, the Uniform
ity intended could not be established The
trainers OF the constitution certainly never
intended that the repeal SHOULD await the
action OF the Legislature. If the legisla-
ture refuse or neglect to act, then the evil
continues. a constitution designed 10 re
move an existing mischief should never be
construed as dependent for its efficacy aud
operation upon legislative will We are of
opinion that this provision Of the cOnstitu.
ton executed itself and operated On pro-
stAi.
To the public generally the main im.
portance Of this decision is in what it i'm
plies The adoption Of the reformed con
stitutiOn Of Illinois seems likely to mark in
history the substantial beginning of the
most important and radical political ref.
Ormatlon Of the age The direction of the
reformation is toward those fixed priuci-
pies Of equity which constitute the true
basis of the highest conceivable liberty 1t
Is a movement against restrictions of
whatever nature, upon the equal freedom
OF rights In no way Is this fact made
more apparent than by the decided ten
dency everywhere manifest, TO prohibit
by organic law the power, Of special leg
islatiOn'
The term is a comprehensive one. and
may be construed to mean every legislative
enactment of dtscrimiHdtiyC character
A tariff law which discriminates in favor
Of certain industries land of course against
other iudustries) is Of exactly the same
nature as q special enactment granting Ger
tain specified privileges to the persons en-.
gagged in those industries, and inhibiting
other men from the enjoyment Of the like
privileges. In either case the cOuse
quences are the same. In either case
monopoly is created, more or less absolute.
In either case, the function Of government
Is used, not for the general good, but to
aggrandlze some favored men, or class, at
the expense of the rest In either case,
government eXerts its power, not in the
performance Of any legitimate purpose for
which governments are instituted but to
help A, b, and q 20 get possession of the
earnings OF their neighhnrs without re-
turning ~ them an equivalent. In either
case, the Legislative power is used to dis
crlminate among men to establish unequal |
ness OF nights before the law to enlarge
the liberties Of some by a corresponding
deprivation Of the liberties of the rest
Special legislation is protective legs. /
iatlon, and like every other mode OF so
called protection, is the offspring of the !
paternal theory Of government Those |
who advocate it take for their hypothesis |
the medieval superstition which regards
the people as helpless imbeciles, and
government as their divinely appointed
guardian, standing to them in loco pdrcHtiS
The political ietchism whose characters.
TIC Is faith IN the OmnipOtence Of legisla-
tion Is not only natural but an inevita-
bic result Of adherence to this ancient form
OF political superstition
The New York World, in some recent
comments on the subject uf'special legis!a-
ton, assumes that this kind Of legislation
may be claimed as the true and special
offspring of the Republican party The
facts do not warrant this opinion During
the years Of its power, it is unquestionably
true that the Republican party has enact
ed more special laws creating more mon
opolies) than any other party has ever
done within a like period. 1t is true, also,
since the old ''abolitionists' ceased 10 be
its prophets, that the controlling men Of
that party have begn practical adherents
Of the paternal theory. But it is not true
that the late Democratic party, sO-called,
condemned special legislation, or neglected
10 practice it The legislative records in
every State, and in the federal Congress
prove the contrary. And the fact that the
contrary is true proves that the late Dem
ocratic party was no more guided by the
principle Of equal liberty than is the pres
ent Republican party Not only did the
Democratic party apologize for and defend
the monster monopoly called African slav-
cry, but the country is still c,lrsed by many
monopolies created by special or discrimi-