, 1873-03-07
From the Bloomington {1n.> Leader. :


B1ooM1aa1ox, Ill, March 3, 1871
EDITOR LEADER: The Supreme Court Of this
State in their opinion in the caso of the Chicago
i Alton Railroad Company Ts- Tho People ex rel
p1assly refused to pass upon the question as 10
the power Of tho Legislature to determine what
charges are reasonable or unreasonable, because
the casc in their Wow Of it, did not necessarily
involve the consideration Of that question.
Tho Court, in referring to legislation which
would demand the discussion OF propositions re-
1ating to the power Of tho Legislature to control
the ratio Of railway charges or to fix their maxi
act" Of April Is, 1871, which WIS framed under
the following provision Of our state Constitu-
t;on:
Railways heretofore constructed, that nay here
public highways and ahan be free to all persons for
the transportation OF their persons and property,
thereon. under such regulations be prescribed
to time, pass laws establishing reasonable maximum
RITES ofchargea for tho transportation Of passengers
-Art. XI., See. u.
Should tho Supreme Court Of this State, when
d case involving the validity Of tho Passenger
act and Of this provision of the Constitution is
presented for adjudication, sustain them both,
the railroad corporation would undoubtedly ap.
peal from the decision to the Supreme Court OF
the United Statcs, and the final determination
Of the question by that tribunal would probably,
BY reason OF the crowded state Of the docket, be
delayed LOT period OF three or Tour years. In
tho meantime. the railroad corporations, disre-,
garding the requirements OF the statute, would
continue to exact from the people excessive
charges amounting in the agg1 egate to millions
Of dollars
= In view Of this fact, would it not be well for
the people to take steps Immediately toward Sc
curing an amendment to tho Constitution OF the
United Statcs+ By which this vital question can
be more speedily settled forever, not only in 9
single State, but throughout tho Union Such
amendment might be similar to tho last
clause Of the fourteenth section OF the second
article OF our State Constitution, and might pro-
vide in substance that every special privilege Or
Immunity heretofore conferred. or that hereafter
may be conferred by tho Lcgislatureof any State,
shall be subject to tho control aud regulation OF
theTegislature OF such State. Perpetual mo-
IopoGas arc inconsistent with republican iustitu-
tloas. Equality Of rights is sound democratic
doctrine The corporate es well aa the natural
person should bo subject to- legislative control
in dealing with the public And such an amend
ment would give to the Federal Constitution the
force and effect its trainers really intended it
should have, and would leave to the several
States the then unquestionable right to exercise
propar control over tho crastures Of their favor.
II such amendment, however, should be con-
eldered too comprehensive, including, as it
would, all corporations the amendment might
ba limited to railroad corporations; and. u3uch
ease, the Twelfth Section Of tho Elaysath Arti,
clio Of our State Constjt1tiSp, 4bQFa quoted,
might be takeE {c2 TIA basis Of Inc amendment.
with 2 noai aeatica InaE;ng it applicable to ell
the r1tfsayk 11 tua United States, aud allowing
congresa to Establish Interstate q through