, 1873-02-25
selves. Where or in what this discipline will
end, it is, Of course, Impossible to say.
THE ALTON RAILWAY DECISION.

over the Union. It is the first decision Of a
! appellate court upon the question Of the powt
} Of the Legislature to prohibit discrimination
) | in charges for treights between points on th
{ line Of the same road. The Alton l. st. Loui
, Railway Company demanded and collected Is. 6
} per II. feet for the transportation Of luuabe
from Chicago to Lexington, distance Of II
miles, while it delivered lumber OYER the sam
road at Bloomington, 126 mileB from Chicago, a
s. per HI. feet The lumber consigned to Bloom
angton passed through Lexington. The section
Of the law covering theproceeding is as follows
That no railroad company organized or doing buat
nesa tn this State under any act Of incorporation
general aw Of this State In force, which ma
hereafter be enaced, shall charge collect for th
transportation Of goods merchandise, property
It's said road for any distance, the any arge
0or greater amount toll compensation than Is al
tho came time charged collected for the transports
ton OF similar quantities of the class Of goods
merchandise OF property, over greater distance upot
tho same road>
The Circuit Court gavo judgment Of forfeiture
of charter against the Company. The Supreme
Court has reversed this judgment It holds
that, while it is within the power Of the Legs-
| lature to prevent unjust determinations in
freight-charges the present law is defective, and
cannot be enforced, because it establishes m
arbitrary rule, applicable alike to ali differences
in rates, whether such differences arc unjust or
not. The existing law cannot, therefore, be
| executed, and must be amended to conform to
| the principles laid down in tho opinion Of the
] Court opinion concurrea in by Ill nine
Judges.
This decision, being the law Of Illinois On this
| subject, must be respected and obeyod. It prac-
tically requires that railroads shall show that
determinations in rates, where they exist, are
just and unavoidable. This brings up the qucs-
ton, Where is the responsibility for such dis
City OF Bloomington enjoys the advantage Of
having more than one road. It can get lumber
from Chicago by the Chicago j. Alton Road, or
the Illinois Central Road, and from Toledo BY
still another road Thelatter road m objectto
be gained BY building up trade between Toledo
and Bloomington in lumber. To encourage that
trade it reduces ita freights from Toledo to
Bloomington Oh lumber below the rates charged
by the other two roads. Tho question at once
arises whether the Alton and the Illinois Central
Railroads ehal1 abandon the transportation Of
lumber to Bloomington, or, by like reduction
Of rates to that city, ahall seek to retain the
trade; and whether, il they adopt the Inter
course, they must make d like reduction Of rites
to all other points on their roads, where the |
same reason does not exist, It is also point |
to be determined whether this discrimination is |
against Lexington, or in favor Of Bloomington, |
aud whether it is not result, either Of the nat
ural position Of Bloomington, OF OF acquired
facilities over which the Alton Road has no con-
trol. Assuming that the rate to Lexington is
not unjust, except by comparison with
the rate to Bloomington, would not
the requirement to make q uniform rate,
to be computed by mileage, operate
to compel the two Illinois companies to abandon
their lumber trade With Bloomington altogether,
and thereby deprive that city, and the part Of
tho State supplied therefrom, Of the benefit and
Of having three competing roads-an
advantage for which the municipality has paid
largely il the way Of subscriptions and subai-
dies
The Railroad Law will therefore have to be
amended, and, when the Legislature is abont it,
It is to be hoped the niggardly policy OF the past
will give way to more liberal one. Notwith-
the appeal Of the Com
nisslonerB for money to pay for the
services of counsel and for incidental
expenses, the Legislature refused to appropriate
,ne dollar for the expenses Of litigation, or to
,nable the Commissioners to prosecute clearly
ledned ofenses. The only money the Commits
lion has had to apply to these purposes WIS
$500 given out Of tho contingent fnnd by Gov.
Palmer. They have been compelled to grope in
ho dark; haye been expected to prosecute Of
enBes for which the law provided no penalty, ind
lave been left without dollar to employ counao1
rocure testimony, or pay costs of litigation in
lear cases Of violation Of law. ANY law on this
ubjcct of railroad freights must rest hereafter t
pom the theory that the determinations are un-
ust in fact, and consequently litigation must be q
lore expensive. To prosecute such cases, the Q
legislature must make a liberal appropriation. a
From official tables furnished By the Rail- ?
oad Commissioners, We learn that on July /, 0
872, there we're in actual operation in Illinois c
258 miles Of railroad, and 1857 in process OF
instruction. The average cost Of the twenty d
ght completed aud classified roads, having q
331 miles Of track, WAS 81, 264.48 per mlo II
aking the aggregate cost OF these roads, e225,-
9,271. Tho gross earnings Of tlcae roads II
ero s43, ,297, 428. The cost Of the twenty-eight n
'ads is thus represented:
1nded dcDt 1tor6l7,aB u
oattng debt. 3,033,023 n,
Total debt aud capital stock. $3.50 COG
Tho operating and general expenses amounted v
92s, ,408, 1924, showing al excess Of earnings ct
'er expenditures Of 914 21e,79, or equal to re
profit OF about 2-5 per cent on the capital at
ID debts. When it is remembered that the in bt
+1,n 3aEf y kox n / ~