, 1873-05-26

/ "a Hontirnont with which Mpohrahon. az mn
army man, will bo much moro likely to sympa-
thizc than Thiers. Another war with Germany
| would be tho naoBt disastrous Of all tho threat-
| onod porita; but, oven II this bo avortod, tic
prescnt revolution In tho Government and Tho
retirement OF III. Thicrs foreshadow new
sorrows and aulforings for people which Is to-
| day the Niobo among nations.
| .-..-e....--
THROUGH FRE1aHT5 AND THE RA1LR0A
~ LAW.
The now Inv Of this State prohibits tho raa-
roads from charging "for any distance, within
! tic State, tho samo or greater amount OF toll
or compensation than is at the Same time
| charged, collected, or received for the trana-
portation. I'd tho 6amc direction, for any passon-
gor, or like quantity Of freight OF the same class
oTor creator distance Of The same railroad"
Tho question haa arison whether this cnn DO on
forced against through freights In caBes where
tho freight is brought in part ovor rni1road
lying within another State. a case in point is
tho competition botweon milwaukee, and Chicago
for handling tho wheat Of Southern NIinno-
soto, II tho law can 10 literally enforced,
thon Chicago can no longer hopo to handle tho
hlinnosota grain. Wo will suppose that tho
Milwaukee d ct. Paul Railroad carrics grain
from Wnona to nf1waukoo for "a cents. 1tisthcn
necessary to transport the grain from Winoua 10
Chicago for 20 cents, as wlloat Is worth conte
moro per bushol III milwaukee,. To accomplish
thiB, tho Northwestern Railroad las boen In tho
habit Of carrying grain on barges from Wlnona
down tho Mississippi River to Clinton or Fulton,
thero transferring 1t to ca1s and bringing it Ill
rect to Chicago. II the ratio from Clinton or
Fulton 10 Uhicago ia 20 conts, sul tho North
western Railroad brings grain from Winoua to
Chicago, which is greater distance, but
n part outside of tho stato for tho
san1o amount, Gun tho local shipper at
Fulton, Ilinota, demand that Ills freight
to Chicago ahall DO taken at less or pro rata
rato according to the through tariff made from
Winona? II ho can enforce such . domand
then the Northwestern Railroad must abandon
its Minnesota grain trade, which will thon 60 in
bulk to Milwaukee. Tlis would be discrimina-
ton with q vengeance, rendered neceBsary By
the very law Which was intended to abolisl tis-
elimination.
Wo AFRO Of opinion that tho demand OF tho
Fulton shipper, that his freight should be taken
at less than 20 conts, becauHo tho aamo freight
is carried for that amount from Winona, which
Ia greater distance lying within another state
cannot DO enforced The Northwestern Railroad
would not make its contract in Illinois to carry
from Winona to Chicago, but In another State
It may asHumo, therefore, that tho 20 cents
which It charges is charged for tho distance be-
tweon Fulton and Chicago, and that 1t transports
tho samo freight from Winona to Fulton, strip
Of territory under tho Jurisdiction Of other
States, for nothing, In order to Secure tho buel-
neaa. It would dovolvo upon the local shi ippor
ut Fulton to provo TINT this waa not tho faet;
that the railroad waa charging or paying somo-
thing Tor tho transportation from Winona to
Fulton, and, therefore, not receiving tho full rato
from Fulton to Chicago. This would bo an exceed
ingly difficult thing to do. The Court would not
require tho Northwestern Railroad Company to
produce contract made in another State to
cover transportation outside Of tho State Of I'LL
nots. The Inference or presumption Of the
local shipper at Clinton, that hc vas paying
larger rate to Chicago than was paid for the
sano distance In Illinois by tho Winona shipper,
would count for nothing without direct proof of
tho fact.
Tho principle OF law which determines this
caao is, that tho State OF Illinois can exercise
control over tho Northwestern Railroad COM
pany only for that portion Of the road which lies
within tho boundarioa OF Illinois. Outaldo OF
thfs State tho Northwestern Railroad, or any
railroad, eau carry freight ut i loss
or for nothing it IL ploaaes, without con-
alcting with tho lava OF Illinois. Each
stats exercises Jurisdiction over TINT part
OF railroad limo lying within It's boundaries.
and oyer no other part. Though tue antiro rail-
road line may 10 the property Of stugle cor
poraton, still, II 1t runs through yafioua statos
1t originally secured the right Of way from each
OF the states tsayeraed, aud oacA stato rotaius
itB ordinary jurisdiction over that part Of the
road living within ita boundarioa Tliis principle
Of law WAS once laid down by Judge Story in
tho case Of tho Dlaokatono Oanal Company
owning q canal partly in Massachusetts AID
partly in Rhode Ia!ana. 4 controversy arose ro-
curing a decision as to state Jurisdiction, aud
was carried into tho United States Court, Judge
Story then deoled that tho canal, although
owned by ono company, consisted Of two separate
and independent corporations deriving their
exiBtenco from two separate aourooa Of power,
to-vit. tho States Of Massachusetts and Rhode
Islaud. aud that neither State could extend ite