The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-05-02
evening State SaitrnaI.
FRIDAY EvEvENING, MAY 2. 1873.
Tho Railrond Question.

In some of the states the opposition t.
railroad monopoly is becoming very decid
ed. In Illinois, especially, contest, such
as has never before been waged, is already
in progress. The state legislature having
passed restrictive law, the railroads are
disregardipg and wholly ignoring it. The
people are counseed by influential legal
talent to offer the lawful fare, and to submit
to no greater exactions. On some roads
where this has been done, the conductors
have refused to take any fares, and in one
or two cases have elected the passenger
from the trains. Mr.. Rowell presents the
following legal argument, and has OBJ
tanned a decision in Judge Tipton's court.
Mclean county, sustaining the law. 1t
has been appealed to the state supreme
court, and is likely to 60 from there to the
United States supreme court.
Mr.. Rowel addressed the great farmers
convention at bloomington, said to have
been made up of the best men of the state,
as follows:
Here is the whole story in nutshell
The power Of eminent domain and the
power of taxation have been lawfully used
III the construction of these roads. They
are, therefore, public highways. The cor
porators are the trustees of the public, en-
gagged in administering public trust. They
are part of the political machinery of the
state-are political officers as the sheriff
and circuit clerk are political officers. Like
them, they are compensated for their time
and capital by. being permitted to charge
fees, and like them their fees may be estab-
lished by the power that created them, the
legislature.
"Now, | think the proposition is un-
derstood by everybody here. If it is
good law, and it is, what need has
the state or nation to build more lines
of railroad? We own all the roads now
freight cars, locomotives, depots, and |
road beds, ties and iron--all belong to the |
state. the corporation having a qualified |
in them, and the right to perpe tn.
ally execute the trust, if they obey the
law, for this is the condition under which |
they invested their capital. Let us go to
work and regulate what roads we have got
and see how that works, before we build |
more. This is the straight road the same
way.
Now, what do we need by way of legis-
lation ? At present there is no law fixing
rates of freight. The only law
we now have is a law which says to the
companies: Fix your own rates per mile,
but when you have done that, you must
sreat oil alike. That law is being tested it
s now before the supreme court of the
'tate, and will be considered by that body
It its present session at Springfield. do
lot fear the result. Your legislature is in
session. Ask them to give us the other
aw.
"One other thing is needed: A perma-
nanent railroad bureau, as part the ex-
,cutlye department the state charged with
he duty of overlooking our railroad prom.
rty, examine into the cost of management.
ne amount of traffic, the appliances for
peed and safety, the exclusion of blood
ucking fast freight lines, and enforcement
II the law. 1t is idle to talk about en-
orcing obedience from these oyer-master-
ng monopolies by private effort. It will 5
70 found altogether too costly and une. I
ual. The state must take it in hand as it
oes the punishment of crime, and its pen
lties for wlful disobedience must be for
eitures. s
1.-The courts move slow, but whenever 4
ublic opinion becomes crystalzed con- +
lotion, they never fail to give it the voice
authority. A good old maxim of the
Nv tells us that when the reason of law
eases, the law itself ceases. By its aid
ianY a musty precedent has been swept 4
way, and gives place to better and just 2
r rule.
with the producers of Illinois, organ
ed and united, with an enlightened un-
erstanding OF the issues involved. not v
rgettlng that the lawyers may be found 6
scessary evils in the fight. with faith in Y
le purity and eminent ability of our SUI =