Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1873-05-09
THE ILLINOIS RAILROAD Law
A Synopsis Of its Provisions and Ex-
animation Of its Defects.

A Synopsis Of its Provisions and Ex.
animation Of its Defects.
| Ed. BULLETIN:-The new railroad
law Of Illinois-as | find it at full
length in the Dubuque 71mes.is
among the most important laws ever
passed upon the subject in the Unit
ed States, and is destined to receive
the careful attention of all who take
an interest in the matter. In this
law is, or should be, embodied the
result Of two years. experience and
discussion, and'to say that it cannot
be an improvement on the old one,
and that it does not avoid some of
its mistakes, is simply to say that
the world does not move, and that
the Illinois Legislature Of 1871 knew
all about the regulation of railroads
that ever could be learned.
An examination of this law shows
that the legislature aimed to profit
by the hints and suggestions Of the
Supreme Court, as well as to wholly
omit the point which the Court de-
clared unconstitutional, yet l think
it open to some objections.
The first section declares it extor-
ton for any railroad corporation to
charge "more than fair and rea-
sonable rate Of TOLL" and subjects it
to fine therefor.
The second section declares it a
violation of this act to make "any
unjust discrimination in freight or
passenger fare" These two Sec
tons are merely declaratory of the
general purpose of the law. Pas.
sengers and freight are subject to
the same conditions.
The third section gets down to
work and points out what the legis-
lature deems "unjust discrimina-
ton" 1t provides, that if "thc same
or greater amount" Of freight or
fare be charged for "any distance"
than is at the same time charged in
the "same direction" over a greater
distance of the same road. or if
more be charged for handling the
same at one point than at another,
or if more be charged on one por-
ton Of the road than for the same
distance on any other part of the
road IN the same direction, or if COR
responding determinations be made
between persons instead Of places,
it shall be taken as prinaa .tacie evil
dence of the unjust discrimination
prohibited by this act, and it is not
sufficient justification that at some
of the points where the discrimina-
ton is made there are competing
roads,
The fourth and fifth sections pro
vide heavy penalties for the viola
ton of this act, and the manner Of
enforcing the same.
The sixth section provides that
any person injured by a violation Of
this act may recover three times the
actual damage with costs and attor-
ney fee.
The seventh section makes it the
duty of the Railroad and Warehouse
Commissioners to ascertain and
prosecute violations Of this act, in
any county Through or into which"
the road extends, employing such
counsel as necessary to assist the
Attorney General.
The eighth section directs the
Railroad and Warehouse Commits
sioncrs to make for each road
schedule Of maximum rates which
shall be taken Gas prina0 facie evil
dence that the rates therein fixed
are reasonable maximum rates of
charges" in suits wherein the ques-
ton of the charges of railroad is
involved.
The ninth section provides that
the rules of evidence, except as
mentioned, shall be the same as in
other civil actions, the fines shall
go into the county treasures, and
the remedies of this act are cumula-
tive to those now in force, and this
act does not repeat them.
Section ten defines the term Grail
road corporation"
Section eleven and last repeals
the law Of 1871.
The impression left upon my mind
after examining this law is: that it
will, in its turn, fail to realize the
hope of the people. 1t looks for
midable, and talks about $25, 900
fine and shippers getting back
three times the damage suffered by
overcharge, but the machinery pro-
vided to reach the verdict seems
weak and inadequate. There is very
little that is specific or certain in
the law. The third section is wordy
but forbids nothing. 1t says if a
road discriminates in a certain man.
ner between persons or places, it
shall be prinaa .facie evidence that
the discrimination is unjust, but on
the trial of the issue the railroad
can show by any number of experts
necessary, that the said discrimina-
ton is not unjust, and the prima
.facie evidence amounts to nothing.
So section eight directs the Com
missioners to make a schedule of
maximum rates for the different
roads, but it gives no force to such
schedule, in suits where it has ap-
plication it shall be "taken in all
the courts Of the State as prisna .fa-
Gle evidence that the rates therein
fixed are reasonable maximum rates"
that is all. The testimony of a
few railroad officials that the fixed
maximum rates are not reasonable,
upsets their 2'rima facie advantage,
and the schedule goes for nothing.
In our State the assembly would
be more excusable for giving the
people frail law, for our constitu-
ton gives it no authority to regulate
the railroads, and all the authority
it would have would be derived
from decisions of the U. S. Courts
and the common law, but the Con
stitution Of Illinois, Art. XII, Sec.
Ing rooIC. ts1Nho Gnnoro1 Accam III ~