, 1873-03-19
THE HILDRUP RAILROAD BILL.

Enc E4ecuI1fe Dei'AltAlc1lt uAu sAo coaAs VT
whore it shall DO first ascertainod by investiga-
tion, and aftorwards determined by evidence |
Whit ratea arc reasonable and what unronson- |
able; q. That no arbitrary and infcxiblo tariff
CAL DO imposed by tho Legislative power with |
out working gross injustice to both railroads |
and shippcra:- In recognizing these points, the
bill conforms to tho recent decision OF tho
Supreme Court, and, at the Same timo, providos
q Bimp1o and roady remedy for excessive
or unreasonable charges. This is all TINT.
any c1ass can legtimatoly demand, and
tho procosB is certainly fairer than
TINT Of humping on" tho Supreme Court,
and producing chnoB, as laa been proposed in
como OF tho lator public moetingB. In point Of
time It would require at least six years to change
tho complexion Of tho Supreme Donch, as itH
decision was unanimous. Moreover, 1t is doubt
full whether majority Of tho districts would
vote against tho recollection Of d Judge simply
because lo declared tho law to be what it is.
Tho proposition would DO regarded as rovolu-
tionary and dangerous by conservative peoplo
everywhere, and could not command the unan-
imous assent Of the farmors clubB themselves.
Mr. Hildrup, on tho contrary, has conceived OF
plnn by which tho public may bo protected from
excessive rates and unjust determinations
without forcing all the railroads into pro-
orutean bod, and without abolislling the Supreme
Courts.
Tho proposition is, that 1t shall BIZ tho duty Of
tho RaI1road md Warehouse Commissioners to
oxamino the schedules Of tho various railroads
In tho State from time to time; and, whenever
they shall bolievo that certain rates are unreh-
sonablo, they shall notify tho Company to mod
Hy thom md submit tho modified rates to tho
written approval of tho Commission. Whcn a
railroad corporation shall tail to modify it's rates
within twonty days, IT Bhall DO the duty Of tho
Railroad Commissioners to bring suit on tho part
Of the people in my Circuit Court Of any county
through which this particular railroad runa. Tho
court In which such suit is brought ia required
to give it precedence over all other CAUSES; a
hearing bcforc d jury is to bo taken Immediate
II; and its verdict is to bo accepted as conclu-
aiyo that the unapproved rates aro unreasonable.
4 failure to comply after tho decree has boon
given is made punishable by fine Of not less than
800 for each oifonRo and the PARTY who has
been thus forced to pay rates adjudged to bo un-
reasonable shall be entitled to recover three-fold
| the amount he huu paid as frcight-monoy, and IN
| allowance Of $50 for an attorneys foe. Tho de-
croo is to determine tho schedule Of rates for
ono year. It ia well-do1ned principle OF CON-
| mon law TINT tho charges Of common carriers
shall not be extortiouate or unreasonable, and
| h11. Hildrup's bill provides d commission that
aha1l watch the interests Of the people in this
reapcct, and furnishes judicial process for en-
forcing their rights whoroyer unjustly asHailod.
The right of appenl ia granted to both sides, but
1t iH limited to thirty days.
The proposition is ono TINT should be accopta-
bic to both shippers and railroads. All That tho
farmers pretend to demand, and certainly
all thoy hnve o right to demand, Ia that
railroads shall not mako unfair dis
crtminatlonB, and that their chargos Bhall
not bo in excops Of what will afford
d reasonable profit for the capital inyost-
| ed, upon fur and economical administration OF
tho business. What IN economical admiuistra-
tion is what reasonable profit shall bo con-
strued to be; what tho relative ratoa that tho
various stations should pay,-nro all matters
that can be determined by oyidcnco in individual
cases, but which cannot bo governed by gen.
eral law that would apply equally to all railroad
lines, without regard to tho circumstances undor
which they aro constructed aud managed. If
evidence demonstrateB that rates which are ro-
gardcd as excessive are rendered necessary by
the cost Of the iron and machinery, which Is in
nor reasonable to demand that tho railroads shall
sustain the entire loss in order to maintain do
luHive aud exploded Bystom OF "protection.' u
Tho farmers Of tho country must then 60 back
Of tho railroads, and cauao repeal Of
tho laws which co:rco railroad corporations III
we'll as thomselvos to pay oxtortionato prices for
all tho material they use. II, on the other lnnd,
itiH eatabliahed by evidence thnt certain rniroad
1ofuses to mako q schedule upon which othe1
roads, under equally favorable Or unfayorablc
ciroumstancos, can run their tralna at reason.
able profit, thon tho rates must 10 decreased
accordingly. Under tho proposed plan, aucl
Case may bo decided on its merits, aud tho ship
ping interest protected without expense or AL
uoyanco to tho individual shippers.
Tue railroads should signify their Willingness
to abide by this proposition lit is probably til,
loast they Gun oxpoot, mud co-operato with til.
Naiiroad Commissioners OF tho State In oatab
blahing Eoaaouablo rates everywhere. Ths