, 1873-04-30
OUR RAILROADS.
BpnlHoFlELD, Ill.,, Ap

UuR RAILROADS..
BpAlHoF1EID, Ill.,, April Is, 1878.
10 he Editor qf The Chicago 1+tbune:
BIR: Having road with much interest, In The
TRIBUNE, the discussion Of tho railroad question
no" agitated In Illinois,, 10 important to tho
prosperity and all intorests Of tho State that
oorne ]udioioua policy nl,ouli bn definitely sot-
tod, oirer some suggestions on tho subject, In
explanation Of the probable roaults Of tho war
faro. The preHent ago is omphatically ono Of
progress and improvement, aud In no dopart-
mont has 1t advanced moro rapidly than in tho
facilities for transportation Of poraons and prop
erty, and tho transmission Of nows and thought
by telegraph two agents 40 intimately connect
cd with all tho material interosts of tho country,
that they should bo developed and utilized tor
tho benefit Of commerce and civilization.
tin proposed to limit their influence by ro-
Btrotive measures, preaoribod by Legislative,
judicial aud executive action, 30 an to change
woll:aceoptod Interpretations Of organic and
statute laws, upon which tic rights Of all values
and properly are based and secured, equally to
individuals Of corporations; also, by revision
Of tho Constitution and Courts, on the plea that
thoy aro ancent and not In conformity with tho
modern yiows entertained By Home on this sub-
ject.
The Constitution is higher than my Inv or
decrco by my ofilcera unaor 1t, since thoy must
gorviont to thc instrument By which tho de1oga-
tton IL made aud, III any caHo Of conflict, tho
fundamental law must goyorn, and tho statute
law will become Invalid; than there will bo
controversy, which must bo sottlod by tho
courts.
Tho Legislature cannot exorciao executive or
judicial functions, except whore the ConHtitu-
ton oxproHsly pefmita 1t, and thon only to make
laws, nlter or repeal tlo1n !; nor can a court de-
clare law unconstitutional solely on tho ground
OF oppression, unlosH 1t can 10 shown that tho
rights claimed are guaranteed by the Conatitu-
tion. Tho fundamental 1naxims Of q FREQ gov
ernmont socm to require TINT tho rights Of pri--
yate property Hhould be held sacred, and
because of supposed, and not expressed, spirit
OF tho Consultation; and. wheneyer nn act Of tho
Legislature can bo 80 construed and applied 'aa
not to conflict with tho Constitution, II will be
adopted by tho Courts These general pfinciplca
aro applicable to MI intorests alike, whether
under corporate or individual rights, ind bind
lug on artificial Or natural porsons, End afford
cqual protection to the diversity Of employ
montB, and all clasBos, and all departments Of
business aud trade.
Tho theory advanced, that tho State or Fed
oral Government may construct and operate rail-
roads, IL a question OF expodioncy which all pro-
viouB experience has fully demonstrated to bc
fallaelous us-failing ot any good results, from 1;
T.; o<sra4.t - .anoaonss, - n.,asat1 ~ oan
rnerciai Euoceaa in a,,el' ontcrnTisna ~ s'l
While Congresa may laye tho power to regu-
late commerce, aH to ita convenience, safoty, and
:. I,an ~ sa,,, ~ Snsaiana ~ a',!dn
~ T. tt' H. u3e ret ~ to
tnt;on III tLorn ~ nrsvn 5o,hts th,+ nv a,,o,
authority oxists OF that such laws can bo
era mnG 10 I'D pFoyiu niu 'n"s sr'ls
fs;r ron,'n"raMon ~, lin cayn;ta, iuroa,oa
fria ro.,ns;t;a - ~ao ,;tr., S &C. ,,,11;a i;,
.zava w|thn1t and havo1d tha oontrp ~ ovpnr.
~ ann ,a1an;u ~ ne~e ~ ti,e ,;n.a
% sAtn .s ~ ~ eAu arts ~
~ ~ 9e1 p t,,". -. ~ - e9o ~
~ ~. ~ ,.ho s fnyna
H. ,ntiuaaas ~ od nontro} H. r,nwo,ot ~
traina cnnfct @ wnd ana,,n ea - -
nr;nr;, ~ tr.,.nnrt. .t;,, ,e;th ntsvnss,So 90
psy ~ 'tanspni's..9 l., "t.u ,tsi ;sans
a W snn ptoo ho. % oon ,o trag .nn
lae experiment has peoa tn9o upon many
faitroaob, WIN "eololoa Nnes ot cara,-ln
WHICH proportions oi cars aocordlhg TO distance
arc by TIC RESPECTIVE roads On On the
profits pro rata Tor through ttaliio,--
With Ruccess; aud, ~ some cRses, tue linoa OF
cars hnye been owned by other parties, and the
railroads alloy TOR cer.seryco; II such rates are
reasonable, tho system otlera to roads the uso Of
canitni to nurchago ii but il tic rates arc mao
loo hieh for such service. It ehould bo rocuIatod
accordingly. Yot this docs not neceaHarily
but. by such COMPETITION reduces It. f'.'''
Tia moat offoctnni remei1y for the conn1a,nta
in trauspo,tation Is compotitioa In such d man-
ner as 10 preclude oombination: therofore. tho
congtructton OF tho lIues Of rnilroad from tho
nhnaanonEo mvvs T. ol,io T Psnnayysn;e ceytraI
Daltimoro i Ohio. Cauada gouthorn. New YorI
Cantrai md ITnoaan T,1nno1 rnutns -nisn