The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-02-11
- On tbe nearing on the demurrer

"a void On the hearing on the demurrer
IL ,ba-conrt below il was overruled, and
DECREE was rendered making the tempo
rary injunction perpetual, and the case is
brought TO this court By appeal The
question presented is, whether Court of
Chancery will restrain these companies
from carryingcoa as freight for individu-
ais because appellants have agreed 10 pay
appllee fifty cents for each ton so carried,
and for which appellants refuse to pay, at
that rate Is such contract ultra r'res'
and against public policy We think not,
The act Of the General Assembly under
which these consultations and contracts
were made, is quite broad and comprehen-
sive. IL is apparent from their charter
that the Coal Valley Mining. company
when II purchased the Rock Island Rail
/ road became and was public Railroad
/ COMPANY. entitled 10 the rights, privileges
and powers conferred by its charter. 1t
is conceded that the Mining Company was,
before the consolidation, a carrier Of pas
sengers aud freights between Rock Island
and Coal Valley, and both companies re-
served that right when the consolidation
was formed and they had been, and were
still exercising these rights We naNS
no doubt that each of these eOmPaules uau
ample power under the general law q 'hc
State, authorizing railroad companies 70
make running arrangements with each
/ other and 10 consolidate their roads ON
surh terms as they may agree. Ana so
far as we see these companies did make q
4 aid and binding consolidation. But, con-
I ecJrg this oil tobe true, will a court Of
enuity afford relief in the mode sought in
this case In other words, have not the
public such an interest in the use and con
tinued operations of the railroads Of the
State, as should forbid the court from en-
joining the treights and property Of indi-
yiduals from being transported because
the company has entered into an engage
ment ~ pay stipulated sum for track
service, or toll for the right TO run over
another road. and carry passengers and
/ lreights. or should the chancellor leave the
/ paroles IN seek their remedy by an action
ut law ON the contract When these
great aud useful bodies were created there
we're two considerations that induced their
. organization One wars. and il was the
highest and most important, the accammo-
datiOn OK the public. and the promotion of
their interest The other was the promo
ton of the interest of the individual stock
%
object of the people OF the State ever has
been in creating railroads 70 afford iaci!l-
ties for trade and commerce, boy speedy.
convenient and cheap travel and traHspor.
tation of merchandise, the product and
the minerals Of the country to the best
!, market, thus supplying every section with
the products Of other sections They were
needed and adapted 10 ready and rapid
exchange Of commodities, and the rapid
development of the resources Of the coun.
try, aud have from an early period after
their introduction. been known and re
garded as the greatest Of all the means
employed by our civilization in ad
vaneing the trade and commerce
of our country. Aud they have
fulfilled the authorizations Of the pen-
pie in this regard. It was such consldera-
tions as these, at an early day in the histo-
ry Of our State that induced our people to
Concluded Oh Fourth pace