, 1873-03-18
The Dunham and: Hildhup Bills Before
tho Legislature.
CorrospondencoC Concerning the
- Free Pass System.
Something About %no Tariff.
Letters from s. M. Smith and D. N
Foster.
Tho Drl,lhnn and 1ullIrs,p psllla.

D0nham, Oh Feb. II, and ono hy MIR. llildr1ipt
Of tie propor pro- su{osies s ot ss' tic stste Thoy
bors, and viii donbtloas bocon,o tho subject Of
aorio'la tloliboratlon during tito presont wook.
ham'a bill that 1t iu too much in tile vein OF q
now statute for tho puniHhmont Of oironaes
rocognizcd aa mistlomoanors or crimes Mt conf
mon law. II some respects. it elevates
donco, nnl raisos unwarrantol presumptionn
OF guilt, followed by swift md unuHs,af pona1-
tioH. This pill seoms to havo boon, prepared IN
tho intent TO do tllom gil tue harm possible.
Lava made in heat mud haste orc not apt to
provo wise 1awa, WHOM tho hoat haa nbatcd.
Whom tho farmers III their clubs mud convcn-
tionB demand Justice, they do not mean rovongo.
They DO not, in asking for Profession, moan
persecution. LawH arc 1nndo for tho future aa
we'll as tho prcaent,-for ca1su and settled coudi-
tions OF the public mind, as we'll ns Tor acasons
Of agitation. Whilo Mr.. Dunlam's bill driven in
tho right direction, itn imporfcctncas Of detail,
and its strong lilenosa to a now criminal code,
will be in the way Of its srlcooar.
Mr. Hidrup's bill comes very noar covering
tho whole, ground aud providing tho needed
has not only nfudiod tho mnit questions we'll,
but evidently read with caro and profit tho ro-
cont decision Of tho Supreme Court. Tho bill
has 4 purpoBo, @ beginning consecutiyonoan,, n
Is elabofatcd With logal cirosaiinspoction that
Indicates disposition, not only to prosent bill
ttlat tho Legislature will be willing to pass into
q la,o, bit ono that will pro1c 70 10 gooa la,o
afterwards.
This bill puts forward tho stato, through its
proper authoritics, ns tho Official conservator Of
corporate rights and dutios, aud the guardian OF
tho rights Of tho citzon. This ts the cardinal
point, Once assumed, tho right TO prescribe
remedies, md tho modo Of enforcing thom, fol-
Tho provision of tic bill is, that tito nai1roal
Commissioners sllall TX schedules Of rates. Of
ffS apS md an sh 30 enaa IN s
be dcenlod, prin,a facio, Just aud reasonable
primn fceio, to be :, unjust dsscrftAtna-
on tho.o M nroucra5 a5ofh ho omauonors
proceed by relation in tho namo OF tho people,
beforo tho Circuit Court Of any county through
which tho road runs, requiring tho otenaor 70
to tho rate5 v 6on e eacao
follow thoir verdict. II tho railroad appoar and
dofond, tho iesucs shal, i'll liko manner, DO
The % decree, it againpt tho rnilrond, sets aside
its schedule Of determinations MS unjust, and
requires conformity to that fixed By tho Com
missionorB. Upon cause shown by oitller party,
tho Court mny grant q nov trial.
not allowed. II tic Judge DO objected to by tho
| defendant, auotllor Judge, to DO agreed upon,
x Xppoals % to tic Supreme Court may be taken
by either pnrty. II by tho defendant, bond s, ct
| 100000 ahal bo g1von il, n<ltion TO tho ordi-
nnry appeal bond, to conform to tho rates found
by tho verdict to DO just and to abstain from
had in tho Supreme Court. Tho whole penalty
to bo recovered on sci. fa. in case OF violation.
It IL m1alo tl,o duty OF tito Atornoy-u ucneral to
S wna sea ry 2a soy Bs 1Sfa JoS deeto
cd, a flno Of $1,000 is imposed for o5aeting fire
OF freight iu exeeas, with q foe Of $50 for The
stato's, ATTORNEY prosecuting. Upon thirc
| conviction, follows y forfeiture OF franchises,
| &o,, to ho carried into OBJECT by quo warranto
Judgment of oustor, md final execution.
| ANY rcraon from whom railroad company
may havo exacted unlawful charges may Bllc
md rocciyo tho entiro amount paid. with nt
torney'B fee, and shall not bo required to givt
bond for costs.
Any Circuit Judge may, upon tho application
Of tho Attornoy-donoral,. stato's Attorney, @
special counsol, issue attachments for contempt
t1nctor, agent, or employee of railroad compan.
WHO may exact moro thnn tho court ehnu hnv
deereed to bo just aud reasonable. -
Shoriffs nro required to summon posse com
eoryo wrta and may atop trains for Tint pl1
poae. Conductors and otherA diRregarting dc
creog and exncting moro than may have been nd
Judged reasonable arc also dcclarod guilty Of
high misdomeanor, and may be fined and ianprie
| oned.
1t ia provided that any 1ailrond company mn
apply, not oftaner tllnn onco in each yoar. to til
court in which d deoroo had before boon ontore
fixing rates. for 9 rehsaring,: On Which th
In tho first instance, II tloonod necessary.
Tho last section provides that tile act go int
effect at onco.
There ara a fow points in which this bill vi
. / need reviuson, IA before stated, We nro NJ
|
'.oily, nor for tho purpose Of doing thcnt harn
or getting sharp. advantage Of then
nor to cripple thom, but moroly
bring them strictly under ths propor PREP fet
ita machinery may work aH smoothly ana ~ et
ciontly Oh in ordinary cases. This isnot dlfcul
and tho people want nothing more:
J IIrst-1t is provided tllat tho comtniasione
may bring Buit in any county through which Il
roal runs. In tho third section it III doolart
tl1nt q decreo thus rendered "Blaal ho conclusi
ovldcuco in all Of The cossris IN Mls State thatsu'
ratou aro just aud reasonable" This will not d.
| othora! ~ copy OF the tluling, filed in any Of
or county, would bo d bar to further notion.
Too much IN mado to depend On the frat cas-
i Possibly, though not probubly, tho frat court
J try, inry might b0 projuaiooa Or brie'a. VII
l Secon<l-Tlo prouiso at tho close Of tho thi!
section, that Oh now trial tho schedule may
0 amended, III unjnet and bad IN practice. II
u parties have right to trial on tho origin
( tnHuo. 10 allow Buoh an nnontlnont is to ma
. q s.e,o case! by this, II defendunt nany DO co
: frontod by . acl1oano against. which Ao wou
! ilrat good, n,ato bud without his consent.
r 1Ht,a-Scc. 4 is wrong III douying the right
!. demanding change Of venlse. A whole cor
. munity-a whole co,,nty-oyory jEynan III II
i yieinusc, may 30 carried away by prejudice NJ
oxcitcnont. It Is not for from tlat no,1 iii so'
d localities. 10 louy party tho right to spok
/ impartial jury is a! outrage: Wo treat mtrde
Il orr bottor than thet Aud then VIZ reegi e.3
or Il, t1sfaiIIt Of It to como back before Ialdt
: slroady 5 objoetoi tof Tiat plncea tAo p;al
mailing the objection IN tha power Of the ote
II to tho 41OD, ,UDo Forfeiture aNd that in Srction
r 1ranclliaos, ays both too nweoping md pos,tiy
i Corporations aro. like ltat1'sa polHoltg fespon'
j. Bio for tho acts Of thoir aorvanta aud employe
Under these provisions, tho dishonesty Or ~ ey
:. carelesBuouH Of my ono OF tho thonsaiaa OF o.
q ployeu OF our railroad companies, may On O.
q dav, aub}cot tAona to tleso Broat penalties. Ht