, 1873-04-21

tlem l9 PUBIC eucmlebt DIV u IoBnlu III tA9 !
nan,o way all poraonH and, especially I'LL Judges,
who do not join in tho prevailing htio and cry. !
Whom tho poope carry their indignation so far |
az to propose q revolution Of tho Courts, |
and to discuss tho project Of tearing up
rails, they permit thoir passions to run
riot over thor roason, aud arc tread
ing upon dangerous ground. Tho proaont
attack on railroads began With a saporabun,
dance of produce. Thoro ia moro grain rafsod
than can be moved III the wiutor soaaon by all tho
mems OF transportation wo POSSESS. Tho pro-
ducors aro naturally those who suffer most from
this state Of things. Thoy llavo sought for nn
explanation Of 1t, and bsliovo that they hayo
found it in excessive freight rates. There is no
doubt TINT reduction i'll charges should DO made'
but this would not wholly rolievo the pressure.
90 long rs the West PRODUCES more of n partica-
lar kud Of grain than COL, ho moved to tho n,ar-
kot, by existing nea1lB Of transportation, tho
price Of grain must decline, md tho surplus Oh
tho farmers halda must 10 burden, It may DO
burned it IL makes good fuel; otherwise, it must
bo held oyor for botter market. or loft to rot.
| Tho popular crusade ngainat railroads sflould
| DO tempered with aouao Of wllnt tho railroads
have dono md aro still doing for tho country.
This continent should not ho permitted to OK
tonuato tho ofrorse Of oxorbItant ratea or I'M
| just discrimination but it should dotor peopia
from a rash and ill-considered movement calcr-
lated to break down tha Independence of tho
Judiciary, if not to cripple system which they
they now onjoY. There il no bottor WY 10
bring this phase Of tho present controversy
within tho popular appreciation Than to picture
tho state OF tl,ingB TINT would follow complete
suspension Of tho railroad bllsinogR for
thirty days. Bupposo eyory locomotive
ongino in Illinois wcro tied up and
rendered motionleAH for ono month. It would
bo national calamity. It il hardly too much to
say that 1t would bankrupt everybody in the
State. pecuniasy ruin, political chaos, domea-
tic wretchcdnoss, uuiyorsal sonHo Of poverty,
and a decentralization extending at onco to com
1nerco, trade, government, aud society, would bo
the results. Without railroads, 1t would require
four Or five days to reach Chicago from tho Mis-
sissippi River. Tho transportation question
would thon DO settled with Vengeance. Thoro
is ,1se now for oil tho horsos mules, and oxen,
for ali tho wagons md ordinary vehicles, for all
the canal-boata, and steamboats,, and RATS, aud
propo1lerB. How could the grain DO moved
thon2 Tho price would rise in the
Eastern and tho foreign markets but how
would this help tic farmer il he could not got
! his corn twonty miles from tile crib without
o consuming it's entire vnluo? One Of tile Win
. elements Of modern civilization would bo lost
;. and the way for return to barbarism would bt
: open. Take away tho railroads, and tho bust
q ness Of tho West would como to r. atandstill
i cities would bo dosorted and left to totter ant
n decay, the farmers would luddlo together Il
o communities, cultiyatiug only enough land 70
+ their own nocossities tho vast and rich granaro
i would disappear from tho faco Of tho Garth an
l. become abiding placcs forwo1yos and prairie dogs
u. All this furnishes argumont why railroad
s1lould DO permitted to oVerchargo, to cxtor
H. or to discriminate unjubtly; but 1t shows tia
sr ~. they must not bo put in tho category Of publ
70 enemies from whom the protection Of law
Withdrawn, and against whom ovory man's han
H. may bo tur1od.
10 This yiew Of tho railroad question: which
ae founded OIL reason, az properly eHtiGating IL
y, usefulness Of railroads. loads to tho coucusio
iB that their ofonaos must DO doa!t with accordln
to to tho accumulated experience and wisdom know
y as Common Law. This nloans that tue
II TOLLS thor dutioB, tlIoir actiouy, a.l their on
int Bions must DO Judged by tho principles rogula
OF ting common curriers', and not by any arbitra
or statute which Legislature Of inexperienced
III Mon may frame under tho influence Of popul
la- excitement 1t Is unlawful for railroads to mai
I'D unreasonable charges and unjust dlscrimin
ne tlonH. Whom thoy do, they may bo compelled
ad abandon tho practice, md to pay damages I
49, tl,oir ofronBo. What IL reasonable and just
ho oue yoar, or unior cortnin circumstances, m
10 unreasonable and unjust another year al
~, undor different circumstances. So long aB t.
co railroads, like other common carriorH, ayo a,slor
,ml ble to the well-leAncd 1naxims of common Ia
,ss thoy may bo made to sllare tho adyorsity,
lal we'll as participate In tho prosperity, Of tho far
ks Ing community, as they should. WHOM t
ro, people, however, undertake. to say what Il
,ll- Courts snll decide iu caBes affecting railwa,
be they not only tampor with tue fountain Of just
GRO to their own harm, but tl.ey aasme tllat QUO
ru- the most potont agencies Of civilization il
lou curao rather than bloaang. Rather tlan
up augurato policy ho.toned upon TINT tnoo
rll- tho State had bottor oxorcyo ith right
de- ominont dbmain condemn QUO or IN,
TO- railroads. pay tho ownors tho value of the pr
sgol ptty take., md demonatrate to tho satlafao
tho OF tho people how and at what rates railro
tn can bo run. Such Ill experiment i4 not wtth'