The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-04-27

railroads in this state, in the meaning of T
the constitution, does it follow that tho !
provisions ot section eight are an attempt
to do so The language OF the section is ,
intended 10 aLthorIze the railroad /,
ana warehouse commissioners to
to prepare schedules of rates, and I
to make the rates fixed by them
PRlMA fACIE EVIDENCE OF FAIRNESS
AND REAsoSADLENEss,
But 1t is not an attempt TO give to their
acts any Of the qualities of n law. II
everything contcnded for on the other
side was admitted, it would amount to no
more than that no attempt is made in the
bill to establish reasonable maximum rates
by law, but that its only purpose is to at
tempt lthe prevention of extorton and
unjust determinations IN the rates charged
for the transportation ct passengers and
freight on the railroads Of the state, with.
out establishing maximum rates
IL will hardly be insisted by any oao
that the general assembly has not control
over the whole
SUBJECT or EVIDENCE.
| An eminent writer say;
1T appears also, that night 10 b. gov. |
erned by existing rules of evidence Is not |
a vested right, These rules pertain 10 the |
remedy which tho stetc gives to the citi. |
zen. They are, therefore, nj
all times suhjec, to modification and con-
troll 10y the legislature, like other rules AZ
fecting the remedy"
We have qIito recently had an example
| of tho com pcie subvcrsi1ns of the ancient
rules of evidence by Legislative authority.
| by recent acts, parties TO suite and per
sons convicted of Infamous crimes, that
were before the passage Of these acts IN.
competent witnesses, are now made com
petent witnesses.
Mr.. Cuolcy, the writer from whose great
work on constitutional Limitation. have
read says
As TO what shall BE- evidence. and who
shall assume the burden of prof. the pow.
or OF the Legislature is unrestricted, so
long as IT. rules are impartial aud uni.
form, but 1t has no power to establish
rules which, under pretence OF regulating
evijedcnco, altogether preclude u party
from exhibiting his right,
The statutes of our own state abound in
Illustrations OF this principle, and exam.
ples will readily occur to any person who
: has given attention to tho subject.
TUE OBJECT OF THE Committee
: In proposing the employment OF the
railroad and warehouse commissioners
= TO prepare schedule. of rates for the din
, crent railroads, aud in making schedules
, Of rates prepared by them, prims iacie
evidence is to afford the people the means
OF presenting their rights; and to throw
upon the railroad carriers the
burden of furnishing such cxplana-
tions of their charges n AS will take any
3 special charge out of the general rules by
which the fairness and rcssonableness Of
general charges nre 10 be determined. It
e IL, as have said before. one Of the accept
c cd rules that govern the production
Of evidence, that 1t is no hardship TO re-
quiro explanations o. disputed facts aud
circumstances from persons who, from the
nature o. the case, must be ia situation
l to furnish them easily and such mus. be
g supposed to be, such Is declared by the
n supreme court to be, tho situation Of the
t railway carriers in the case OF any dis
. pute with Customers in respec, to the
: fairness and reasonaGlonoss of any OF
Q their disputed charges.
r But it is as'eriet that il this section
). should be declared unconstitutional the
!. whole act would fall. This position is moi
q tenablc. The doctrine i, that If portion:
r OF AN act are constitutional and others ar,
= not, the unobjeciionab!e portions may bt
J, executed and the obnoxious ones may be
j disregs ded -Nclson ". the people, ,;
i llls. 3S1.
Q BY other. it is claimed If evidene,
l. should be introduced under this section, IL
= "A case in which there might be- indepen
y dent of this evidence u ptepOndefance o.
:, other evidence IN favor Of The people, tn,
. case would be reversed in error. Neithe,
d is this position tenable. judgment below
y will not be reversed because the ccu', DO
% low admitted improper evidence, If sufi
It cient legal evidence appears ia the record
-. ..at H., -
!, has repeatedly declared this rue--Schult5
, vs. LePage, 81 Ills. l60; Boyuton ys
II Phelps, 90 Ills. 300
4 IL then, the adoption of section s may
result in much good, and in any even
l. can resalt in no harm to the people, why
81 should We hesitate to adopt ~ hrml )
'e believe It's presence in the law will con
d tribute much towards the solution of thu
% great problem, and ! ask this house t. not
u with haste, or because the section contains
h proposition not old and th-eadba cas-
o. il aside If It should stand before tn,
courts, 1t will make tho railroad anC
10 warehouse commissioners the people
freight and Passenger agents, and tue
n patrons Of railroads will have information
y furnished 20 their hand that will enable
y them TO determine with reasonable Ger.
l. tainty whether they are being extorted
''''' W NV h' H'phNJ lhhtU lOTW TIE
% pockets of the people by the extor;ions o!
10 railroad companies is immensely greater
II in amount than that which is llchcd from
d them by unjust determinations. Wi,hou,
!, section there is no hope OF correcting
II the abuses Of exterton.
10 Sir, we are asked by certain gentlemen
s. why we have not produced perfect law,
Q symmetrical in all its proportions unob.
y Jectionab.e in all its features and, with
. modesty that would challenge the bashful
u applause of II Godiva-modesty that
o shrinks from view, but impeled by a
:, sense of duty rides naked through the
. street-thcse gentlemen have constituted
j. themselves the Judges Of the proposed
Z law, forgetful of the fact that what NAV
r be pleasing in their eyes may be uglness
9 in the eyes Of others. 1t has
o never occurred 10 them that it is
:, possible they may be barbarians in taste,
= and, like the Indian, see beauty in tattoo
: ing-in what to others is the quintesepce
, of perfect aglness. We must take the
: best We can get, and he is beyond tho wis.
dom Of the day, and happy in a supera-
bundance of confidence who believes wa
Q are legislative midwives who can bring
into the world a complete remedy for the
e evils sought to be rcmeded. II wish
tho humorous Sterne makes Tristrsm
. Shandy say, "either my father or nv
I mother or indeed both Of them, as thew
were in duty both bound to H. had nindad