New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-08-19
PRICE FOUR CENTS.
THE FARMERS WAR.
LEGAL QUESTIONS AT ISSUE


LAWRENCE MIsAPPREHESDED - HIS DECISION
REALLY A TRIUMPH FOR THE FARMERS.
| ,vpox THE SPECIAL CORRESPONDENT OF THE TRIBUsTl
SPRINGFIELD, ILL.,, Aug. It'll Illinois State
Board of Railroad and Warehouse Commissioners
was established by act of the Legislature IN lsn'
| q few days after the passage OF the famous Pro
Rata law of that year Its duty, 80 lar as IL related
to the railroads of the State was to classify them
according TO their average earnings per mile 10 es-
tablish reasonable maximum OF charges ior eicn
class and to exercise general supervision over tneh
with view to enforcing all the provisions OF the
law. Gov. Palmer appointed to serve on TINS boafd
and to perform these most difficult duties intrusted
to it, Gustavus Koerner, Richard p Morgan jr, and
David s. Hammond. 1t was hardly to be expected
that these gentlemen in the IS months they were IN
Office could accomplish much toward bringing the
railroads of the State under the control of n law
which they were determined to disobey and which
has since been declared unconstitutional, but they
did render most valuable service TO the State and
to the country by their investigations and reports
through which they have collected aud made avail
able great mass of valuable information on the
subject Of railroad management In illinois. lbs
system of gathering and preserving annually com
plete statistics of all railroads Of the State esab-
lished by them will, as it is improved from year 10
year. prove of the greatest value to the Legislature
THE PRESENT BOARD OF COMMISSIONERS.
The present Board of Commissioners, appointed
during the last session of the Legislature, and
which since the LIST Of July has been holding daily
meetings in this city. Is composed OF Col ii. ID.
Cook late Illinois State Claim Agent at Washing
ton and Messrs. ID. A. Brown and John NJ. Pearson,
two practical farmers, the first residing IN this
county, and the other in the vicinity of Alton
From personal intercourse with them and from gen.
eral report Judge them all to be mon Of sterling
integrity and good ability. fully in sympathy with
the farmers, and yet disposed to deal fairly
with the railroads. The duties of the Commits
sioners under the new law by no means
EASY or pleasant. They are directed to
investigate personally and ascertain whether the
provisions of the railroad law violated by any
railroad in the State and for this purpose to visit
the stations along the line of each road az often AZ
practicable to prosecute the railroad companies for
violations of the law, and practicable TO
make "a schedule of reasonable maximum rates Of
charges for the transportation of passengers and
freight and cars on each of said railroads. When it
is remembered that the first day OF July 1872,
there were IN this State 6958 miles of railroad in ac
tual operation and nearly 1000 miles In process OK
construction, and that these roads controlled by
about fifty separate corporations, the magnitude or
the work may be imagined The Commissioners are
also the expounders of the law until it shall reach
the courts for judicial construction, and this brings
before them daily scores of people, railroad men and
others who desire an explanation Of particular pro-
visions.
PERPETUAL PROTEST FROM THE RAILROADS.
The position of the railroads ever since this con.
troversy began has been one Of perpetual protest.
They deny the power of the Legislature to control
railroad charges In any way, or even TO FIX their
maximum limit. They have been no more opposed
4la Dot law md fla laWf han
they will be to any that be passed. They admit
only that they are bound TO make their charges
reasonable and deny the right of the Legislature to
say what are aud what not reasonable charges.
Nearly all of the leading companies nut Themselves
on record touching this question of legal inter-
ference with them when required by the Com
mission for the first time to report on
the condition of their several roads, their
modes of dong business, and the prohts
arising therefrom. This Company denies the rgnt
of your commission to call for the following report,
for the reason that it believes the law creating
commission and authorizing it TO interfere with the
regulations of our rates of freight and fare 10 be
unconstitutional and void" is the language Of tho
President Of the Chicago Burlington and Quincy
Road They hold that the charter which each has
received is contract with the State % by which tho
latter has irrevocaby granted TO the corporation the
right to establish its rates of toll subject only TO an
implied condition that they shall not be unreasonable
or excessive" and they hold further that this
charter with all the privileges it granted. IS pro-
tected by that clause of the Constitution Of the
United States which prohibits States from enacting
any law impairing the obligation OF contracts.
This is the point on which the people of the State
and the railroad companies first disagree-tbe right
of the Legislature to control the railroads at all,
and they have met the logic of the corporations.
first by an express provision of the State Constitu-
ton; and secondly by the Pro Rata law of 1871 and
the amended law Of 1873. The section of the Const-
tuition to which have referred is in the following
words:
"The General Assembly shall pass laws TO correct
abuses and prevent unjust discrimination and ext0rton
in the rates of freight aud passenger tariffs on the
different of the State and enforce such laws ny
ADEQUATE penalties to the extent II Decessary for that
purpose OF forfeiture Of their property and anehies
Art. XII, Sec. 10.
RIGHT OF TIE LEGISLATURE TO CONTROL TIE
ROADS,
This section of the Constitution and the laws that
have been passed are defended on the theory that
railroad companies having obtained their right Of
way by the exercise of the right of eminent domain
"a power which belongs only TO the state in its
sovereign capacity. and can be delegated only for
public purposes-are really public corporations and,
therefore, subject to legislative control far
may be necessary for the public good; how far that
may be is question of which the Legislature itself
must be the only Judge. 1t is also held that no Leg
isature had the power TO ALLEVIATE from the state
this right aud duty because it is essential 20 the
proper sovereignty Of the State This first
great and all-important question has not
been decided or even considered by tho
Supreme Court Of this State, though think that
general impression prevails not only at distance,
but even among great many Illinois farmers with