, 1873-07-03

oF%Sl"t 1i"Pl"<ft ~ no NHtI"hu 4ftVHtt+
Brn1SoFlELD. ILL.,, July 2.-Ths Hailroad and
Warehouse Commissioners tIis afternoon gave
tho following opinion upon yariouu questions
raised by tho railroads under tho HOW Inv:
ETATE or ILLINOIS, u
OFFICE OF rilE RA11uoAr ASp WAnEHousES
~. CoMM1ss1oSEnG. July !, 1878. }
=, Some important questions l1Rvlng ariaon under
tho net Of Maya 1878, to pyoyont extortIon aud
unjust a'Hcrinination, wo dcom 1t proper to mako
portions Of tho nct We would, first, direct IT.
tontion to tho irbt section, which declares that If
any rallroad corporation doing business In this
asfatr' fa' saa S;harge Or receive moro tlnn
ia, H. feasonnpiorate Of toll or compensation
tllo, san1o shn]i be doomed guilty Of oxtoriIou,
andt upon conviction, bo punished by apeci0o
ponalties. Tho ayowod object of tho statute ID
i'ration. In making tlscir ratou of charges cou-
form to tho requirements of tho third section,
defining wl,at would bo pritna facio evidence Of
unjust discrimination, tho rnilroad companies
must not ignore the first aocton, forbiddiug OK
tortion. III o1tr judgment, the ratio OF cIlargou
prior to this dato l1avo boon in tho main a1nroa-
sonably high. and any increase thoroof would bo
q clear violation Of tho Inv. The following arc
the questions above referred to:
Frst-Doce the act apply to through froighte
rs we'll as local froights?
!, Second-Docs tho net admit of any discrimina-
ting iii o freight thrift baHed upon the quantity
shipped, or must tho railroad companies, to COM
ply with tic oct, adopt ono uniform rate por 100
pounds, per ton, or por carload, regardless Of
tho quantity or tho amount Of tho Bhipmentu?
Ihird-WhoEo two or moro railroads, operated
by dii!oront companies, are 40 connected as to
form In fact ono continuous line, md shipments
tho otaor, mny tho charge bo at tho rate npplica-
bio to the distance ovor both roNfs or ut tho ag-
Grogatp Of the local ratca on encll road :?
FosaM-Can railroad corporations horoafter
Issue excursion tickets?
Aftor duo consideration of tloae questions, wo
hnvo arrived at tho following conclusions:
f1rst-Iho provisions Of tho nct arc appli-
cable as well to through rs to local frcights, 30
far at loast az to require TINT less should be
charged for tho transportation Of domestic or
local froigtts from ONO point to another within
this State than tho eum charged for the tra11g-
portation of through Or foreign froights, tho
Hamo distance within tho 6tato, an for its trans-
portation from or to point without the Stato.
Thus the charges from point west Of tho State
to point within the State must not be tho name
as OF iose than tho charges from tho west limo OF
9 tug State over the same road 70 the, namo
from point within tic State to point oast Of
tho State must not 10 the aa1no as Or loss than
the charges from tho same point Of departure
over tho sanio road to the cast line Of tho stato
go. also, tho chnrgcs from point wost of the
the Same M or less than the charges over the
same road from the wost limo to tho oast line of
tllo State. The gonora1 principle il that tic
charges for any distance within tho State must
not bo the eamo or creator than tile charges for
a creator distance.
Second-A reasonably less rate may bo charged
per lou pounds, per ton, or per car, whero la:ga
amounts Of freight are shipped by Tie same por-
son, than whore small shipments Aro made, With
out violating tie act. DETERMINATIONS Of this
character, as upon fair buBiness principles, wero
just and reasonable before the paBBago Of tho
act arc not prohibited theroby, but seem to ba
recognized therein by tho words ~ like quentity'
frequently occurring in tho third section Of tho
act
Thi,u-Whorc two or moro railroads are
ownod and operated by di1feront companies, and
arc connected 30 ns to form in fact ono contitl-
uouB limo, aud oithor OF such companies receives
freight upon it's roal to bo shipped to como point
upon tho othor road, tho samo may be troatod
TOR tho purpose OF such shipment Us ono ontiro
limo, and the samo rate mAy bo charged US if ono
company owned tho road upon which tho freight
was shipped for the ontire distance inBte1d Of
charging the aggregate OF tho local rates on each
rodl for the distance shipped thereon.
Fonrah-The act expressly provides that noth-
ing therein contained shall be 30 construed aB to
prevent railroad corporations from issuing conl-
mutation, excursion, or 1,000-mio tickets, Us
the Bnme hitherto hayo beon iHsuod by such
corporationa. (Sigucd)
II. D. COOK,
D. A. DnowN,
JOHN NJ. PEARSON,
Commissioners.