The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-02-11
TIE GREAT COAL VALLEY CASE.
The Contract not against Public
Policy.
Mr.. Cable Practically sustained-but must
secure his rights by different Suit

secure his rights by different Suit.
i Concluded from Second pagel
enter upon grand but disastrous system
OF internal improvements. By 1t an ef-
tort was made, at the expense OF the
State, to construct railroads traverslng Its
entire limits in every direction, and passing
| through almost every county IN ITS DOR
ders. In the effort, many millions were
expended the system failed, entalllng
debt that almost bankrupted the people,
and entailed on them depressing burden
that they have not yet wholly exun-
| guished And it was the same consldera-
tons that have induced almost every
county, city, town, village, and a great
number of townships, to incur debts, which
in the aggregate amount to vast sum, to
subscribe for stock in railroads, or as do
nations to such bodies, and on which
these corporations are paying an immense
sum in taxes 10 discharge the interest on
these debts And for all of this vast sum
thus contributed it is believed that cities,
counties, towns, villages and townships have
nothing of value to show, unless 1t be in
rare instances. No one can believe that
| the people have expended these vast sums,
burthened themselves, in many instances,
to the point of ruin, and entalied upon
themselves and posterity debt and burth-
ems that must be, onerous II not
destructive, for the benefit OF the
private stockholders of these companies.
No one can entertain such an opinion.
All must comprehend the fact that If was
done mainly to promote the public good
and to advance our material interests.
/ Can any one suppose that it was merely
to enrich and aggrandize the stockholders
and the officers of these companies that
the people, through their representatives in
the General Assembly, have granted such
! liberal charters, authorizing them to use
the highest prerogative Of sovereignty,
eminent domain, to deprive the citizen of
! his property for the use and benefit of
these bodies, thus relieving them of the
necessity of being compelled 10 purchase
and pay exorbitant prices for their right
of way, depot grounds and materials for
the construction of their roads? On the
contrary, all know that such liability, and
the grant of such powers, we're conferred
to advance public interest a the first and
great object. But, to accomplish this great
purpose, it was found necessary to enlist
private enterprise and capital, And to
call it forth, for the accomplishment of the
end, rights, privileges and immunities had
10 be conferred and secured to those who
would embark in the construction and OBJ
Grafton of these roads. Hence, in their (
charters, the rights and duties of the COM
panles are either expressed or implied /
" hen created bodies corporate, they be- .
come invested with the right to construct
and use their roads; to transport both
persons and property over their lines, and
10 receive compensation for the same
And when these bodies accept their char
ters, it is with the implied understanding
that they will fairly perform the duties Of
public common carriers Of both per
sons and property And, at the
same time, correlative duty is
imposed, that they shall receive and
( carry persons and freight On their lines
and this is duty they cannot escape by
refusal by contract or agreement with 9th
/ er persons or companies that they will dis
regard and refuse to perform them.
These are duties they owe the public.
and it was in consideration that they would
be performed that this charter was grant
ed. They then have no power to disable
themselves from performing these charter
obligations, and any effort TO do 50 by con
tract is void. We are not prepared u
hold that the legislature could exonerate
such bodies from the performance of these
duties Whilst railroads must be protect
ed in all Of their rights. with the same ex
actness that individuals are. they must at
the same time be held t. rigid perform
ance OF all their duties e. the public. Nor
will they be permitted, by contract or 9th
erwlse, to avoid their performance
Thn rpuls Ia, = Al
case, as common carriers owe the duty of
transporting passengers and property for
any and all persons who require the per
| tormance OF the service, and coal is a kind
OF property suitable and proper TO be car
/ ried over their several roads. and they
must carry it, As they do any other
freight, for all persons who bring it to
their roads for the purpose, ON the same
terms as they do other Ike freights SINH
lar m bulk and weight, and it is their duty
to provide, a. common carriers. all reason
able facilities for its transportation. Nor
can these companies, by contract with each
other, prevent themselves from perform
ing the duty imposed By their respective
charters. If they have 30 bound them
selves the contract is ultra uires so far as
the public are concerned Whether such
a contract may be held valid and binding as
between themselves where a suit at law
shall be brought to recover the price
agreed to be paid is not now before the
Court and we refrain from its decision IN
I'll 1t shall be properly presented.
1t Is earnestly urged that the law EN-
powerlng railroad companies to consolidate
their lines and 70 make leases and running
arrangements authorizes them to do 90 on
such terms as they may agree and that
the power being general this contract does
not contravene Its provisions. The power
Is no doubt general to the extent that they
are capable Of contracting but it must he
understood that it is with that limitation
that 1t Is general. The General Assembly
never could have intended TO confer power
upon these bodies by contract with each
other IN consolidating their roads and
franchises To absolve themselves from any
duty they were under as Common Car
r1ers, simply by binding each not 70 Oh
serve such requirements And that is
what this contract does Hence Court
OF Equity has no power to eDioin the,e
Companies from performing this duty %
the public
The decree of the Court below must be
reversed Dscroe Ep.Tesse5
=, l, WOODBURY. NJ TAYLOR, Clerk of the
Supreme Court for the Northern GRAM
DIVISION of the State Of Illinois. do here!r
certify the foregoing to be true copy Of
tne hnal opinion of the said Supreme
court IN the above entitled cause. of rec
ord in my Office.
In TESTIMONY WHEREOF
have set my hand and at
fixed the seal of the said Su,
I.sl preme Court at Ottawa, this
9th day Of February in the
year Of our Lord one thous-
and eight hundred and sew
( enty three.
/ W. NJ TAYLOR.
Clerk of the Supreme Court.
] ShnrkinO hoo;ao..