Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1873-04-11

of the farmers themselves are in
doubt on this question. You all
know that you want a reduction of
tariffs, you want the railways to be
compelled to cease their discrimi-
nations, but how to frame a law that
will reach the question. How to
frame law that will stand the test
of the courts is the question now be-
fore the Legislature, and I think
it has puzzled their brains a good
deal. l do not wish to say any
thing disparaging to this Legisla-
ture. They are as honest and intel.
ligent as any that ever met in this
hall. 1 believe they as earnestly
intend to do their duty as any leg
islature; l believe they are anxious
to meet the wishes OF their constitu-
ents, and give the relief they ask !;
l do not charge this legislature
with corruption, Incidence, loafer-
ism or anything of the kind. l be-
lieve they are trying honestly and
manfully to perform their duties so
that when they 60 home they may
have the words, "W.ll done good
and faithful servant" hesitate
little in expressing my opinion on
this legislative business. l do not
wish to say anything to influence
these men in the performance of
their duties but / will mention
single remark. The Governor then
quoted sections of the constitution
respecting the passage of laws to
establish reasonable maximum rates
and to correct abuses and to pre-.
vent extortions and unlawful
determinations. saying: Now, l
ask does this language in the form
of a constitution created and estab-
lished by the people OF the State OF
Illinois mean to confer upon this
Legislature any more power than it
had under the common law? If it
don't confer any more power then
the language of the constitution
amounts to nothing. They had the
right under the old constitution
without that provision in the new
constitution to legislate upon this
subject. They had the right to inn
pose penalties for unjust discrimlna-
tons. Now, my view of these two
articles of the constitution is this ::
That it was the intention Of the con-
stitution makers, and l think the
language of the constitution fully
bears them out in their intention, to
say what was a reasonable maximum
rate for passenger and freight tar
ifs, and to say what was unjust dis
elimination and extortion on the
part of railway corporations, and
that when they said the courts Of the
State were bound by the declara-
ton Of the Legislature, and The courts
could not 60 behind the law to in
quire into the fact whether the rates
fixed by the Legislature were reason
able or not, the court could not go
behind the declaration Of the legis-
laturc to inquire whether the dis
elimination was just or unjust. But
they did intend to give the legisla-
ture the power to say what was rea-
sonable and what was not reasona-
BILE; to say what was just or unjust
discrimination, and was ex,ortion,
and did not leave it to the courts to
determine that fact. l want to see
a law passed by this General AS
sembly that will bring this question
fairly and squarely before the courts
and compel them to meet the issue
right there. Applause.
Whether the courts would sustain
that legislation or not I do not
kno ", but this l do know that the
people of this State who have taken
up arms against the railroads will
never be satisfied until that point is
reached. Cheers. And further, l
know that it is the interest of these
railways as well as the interest of
the farming community of the
State Of Illinois, that this question
should be decided, and decided at
an ea,ly day, for as long as this
contest goes on the railways will
feel uneasy; every branch of indus
try will feel uneasy. But when it is
settled, if it is settled that the leg
islature has the power to control
railways, then such legislation will
be had as will bring them into sub
lection and at the same time protect
their rights. If the courts decide |
that the Legislature cannot control
them then the people will sit down
and take things as they are. II
Notes.-The, never, never !"] II
have not got through yet; say set
down and take things as they are,
and change or modify the constitu-
ton of the United States. Cheers.
cannot here advocate revolution
airy doctrines as chief Executive of
the State, but it. is legitimate and
proper, and constitutional for the
people Of the United States in q
way to amend and re-
wise their fundamental law Voices
it, And if the consti-
tuition as established by our fathers
in the early history Of our progress
and civilization stands in the way
of the progress of the great Ameri-
can people, then the people will, in
the future as in the past, in their
wisdom make such amendments to
the Constitution as to them seem
meet, just and proper. [Applause
General Items.