The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-03-15
Ihe 2aiIg Atgns.
saturday, March IS, 1873.
From tho Illinois state Register.
Carriers and the Common Laws.

r.,,r,or Carriers and the Common Laws.
p-;.. de6res n common carrier to be |
60 NJ undertakes for hire 10 transport |
,,,,,ds from' one place TO another. Car
~ r,av he either individuals or corpora
,;ons and the law governing them is sub
stant;oIly the same. Railroads are COM
mon carriers, and, as such, are subject to
MI laws applicable 10 common carriers
The recent decision of the Supreme Court
In the Chicago K Alton Railroad case is
10 the effect that the railroads of this
State are common carriers, and are subject
10 the common law relating thereto,
This common law, that receives its
binding force from immemorial usage and
universal reception. y contains this whole
some provision in reference TO common
carriers uamety, that fhey may charge
for transporting goods from one place 10
another only reasonable compensation
and. further, that they shall not make I'M
inst determinations But the railroads
have commended that in their CHARTERS,
which are claimed 70 be inviolable CON
tracts, the right 70 fix rates for the trans
portatiou Of treights and passengers has
been given To them, and that they may
charge such rates and make such dis
ordinations as they may see tit.
The Supreme Court Of the state m It's
recent decision has harmOnzed the com,
mon law rule with the special railroad
charters. The court has decided that
This unwritten law was in force when the
charters were granted and that, while the
railroad corporations were authorized to
Al and determine their own rates, yet they
were tacitly bound 10 charge only such
rates as were Just and reasonable, and were
prohibited from making unjust discrimina.
lions. This decision is an important
triumph to the people All they require
and demand Of the railroads is that they
charge reasonable rates.
The power then is clearly in the hand
of the people, through the legislature AM
the courts, 10 compel railroads 10 oharg
only reasonable rates for the transporta
ton Of freight and passengers This dis
poses of the YeXcd question of ''NeSte'
rights The only vested rights, then
that the railroads have, Is the right % dc
mand and receive a reasonable compcnsa
tion for their services There IS n
license 10 practice abuses and cxtortiouS
and make unjust determinations. This
the sum and substance of their contract
with the people This is their "vcste
rights
There is contract, then, between Oh
railroads and the people In considers
ton Of this power of eminent domain
in procuring their right Of way, the
have agreed 10 carry the people aud thel
products and merchandise NJ reasonabl
prices n they have violated thi, cor
tract, Il can be enforced The lcglsb
f"~ nI1 provide means for entprcl
obedience ~ this contract, and ~ this en-
may IL necessary declare the iranchl-
forfeited, and proceed against them
Judgment Of uiiySsp and final execution
What greater remedy could the peopl
ask Their powers of protection are an
pie and complete.
But can this contract be enforced
Why nNt2 AN other contracts can b,
and are enforced and there is no reasc
why this may not be. Let the Gener
a assembly provide ample and effecti'
means of determining a schedule of rea
enable rates Of freight and pasSeng
tariffs on the different railroads in III
State through the interposition of cour
and iuues, and when such reasonable rat
have been ascertained let the courts
empowered 20 enforce obedience theret
This is the solution of the railroad pro
lem With this vanishes the bugbear
vested rights. and the great money'
corporations Of the State become subie
O. the laws governing common carrier
and can only receive reasonable and IN
compensation for their services This
all the people ask.