The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-04-17
THURSDAY EvE'G, APRIL II. 1878.
The transportation Question.

The Transportation Question.
Out in Illinois, at least, the yexed and
intricate question Of regulating transporta-
ton charges on the railroads of the state,
IS gradually being reduced to comprehen-
slble, If not systematic, shape. In a case
involving several Of the disputed points in
question, the Supreme Court of that state
has just decided that railroad companies
are common carriers, and that it is their
duty to transport passengers and property
Tor any and all persons who require the
performance of that service, on the same
general terms; that in carrying freight
Trey have no power to make discrimina-
tons against coal, and that they cannot
contract with each other to prevent them
selves from performing the duties imposed
by their several charters This is sub
stantial victory in favor of the people, and
1T is to be hoped that the railroads through.
out the country will conform their action
to the principles governing this decision.
In the mean time compromise railway
measure has been reported by the special
committee of the lower house of 1.-THE GEN.
eral Assembly of that State, which it is
thought fully provides a. remedy for the
two classes of railway abuses-extortion
and unjust Discrimination which the
people have so much complained. This
railway bill is published in full in the
chicago journals, and as its provis ions are
OF great Importance to the people of this
state, as well as the entire coantry, we
give synopsis of them as follows.
section defines as acts of extortion to
charge, collect, demand, or receive more
than a fair and reasonable rite of toll or
compensation for the transportation OF pas
sengers or freight of any description.
Section 2 provides that if any railway
corporation shall make any unjust dscrimi-
natlon' ETC., it shall be deemed guilty of
having violated the act, and be dealt with
as hereinafter provided:
Section 3 defines what shall be deemed
acts OF unjust discrimination, and IN such
definition enumerates all determinations.
and makes them prima tacie evidence of a
violation OF the provisions of the act. But
IN specifying as an unjust DISCRIMINATORY
the charge Of the same or a higher rate of
toll Tor less as for greater distance, the
limitation IN the same direction y is used.
thus meeting the reasoning of the Supreme
Court, to the effect that it often happens
that railway has abundance of business
in one direction but very little in the
other; and that, consequently, rather than
nave empty cars it would be economy to
load them at extremely low rates.
Section establishes the penalty: not
less than 81 900 nor more than So 900 for
the first offense: not less than So 900 nor
more than &c., 900 for the second offense.
not less than $4,000 nor more than 500
600 for the third offense, and for every sub-
sequent offense $4,000; provided that
either party shall have the right Of trial by
jury.
Section provides the mode of enforce
ment by an action of debt. with proviso
that in all cases under the provisions of
this act prependerance of evidence in
favor OF the people shall be sufficient to |
authorize the verdict and judgment for the |
people,"
Section provides personal action to
the party suffering from acts of extortion
or unjust discrimination, for three times /
The amount of the damages sustained. to-
gether with costs of court and a reasonable
attorneys fee to be taxed as part of the I
costs in the case. This is an admirable
] revision, because it furnishes remedy
lat can be obtained in no other way. and
every instance where a case of extortion
r unjust discrimination is sustained by the
ourts the guilty party is justly compelled
- pay the entire expense of prosecution.
Section authorizes the Railway and
Warehouse Commissioners to employ
{ lunsel, and prosecute for violations of the
It upon complaint of any citizen, or upon
Office received from the Attorney
say States attorney, or county board of
any county in the State. M
Section s directs the Railway and Ware
h1use Commissioners to make schedules
o. reasonable maximum rates of charges
Tor the transportation of freights and pas
sengers for each railway in the state. these
schedules to be deemed and taken as
pfm'd tacie evidence that the rates therein
Il Sed are reasonable maximum rates, Il