The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1873-03-15
Common Carriers and the Common Law.
from the Springfleld UllA REGISTER.

\ Bowler defines common carrier to be
zone who undertakes for hire to transport
goods from place to another" Carriers may
be either individuals or corporations, and the
law governing them is substantially the same
Railroads are commentaries, and, as such,
are subject to all laws applicable to common
carriers. The recent decision of the Supreme
Court in the Chicago & Alton Railroad case
is to the effect that the railroads of this State
are common carriers, and are subject to the
common law relating thereto
| This common law, that receives its bind
| ing force from immemorial usage and univer-
sal reception contains this wholesome pro-
vision in reference to common carriers, name.
ly, that they charge for transporting goods
from one place to another only a reasonable
compensation and further that they shall not
make unjust determinations. But the rail-
roads have contended that in their charters,
which are claimed to be inviolable contracts,
the right to fix rates for the transportation of
freights and passengers has been given to
them, and that they may charge such rates
and make such determinations as they may
see fit.
The Supreme Court of the State in its re-
cent decision has harmonized the Common
Law rule with the special railroad charters.
The Court has decided that this unwritten law
w
and that, while the railroad corporations were
authorized to fix and determine their own
rates, yet they were tacitly bound to charge
only such rates as were just and reasonable,
and were prohibited from making unjust dis.
examinations. This decision is an important
triumph to the people All they require and
demand of the railroads is that they charge
reasonable rates.
The power, then, is clearly in the hands of
the people, through the Legislature and the
Courts, to compel railroads to charge only res-
sonable rates for the transportation Of freight
and passengers. This disposes of the vexed
question of ''vested rights The only vested
righis," then, that the railroads have, is the
right to demand and receive reasonable
compensation for their services. There is no
license to practice abuses and extOrtions, and
make unjust Determinations This is the
sum and substance of their contract" with
the people This is their vested rights"
There is contract then, between the rail.
roads and the people. In consideration of
this power of eminent domain, in procuring
their right of way, they have agreed TO carry
the people and their products and merchan-
disc at reasonable prices. If they have viola
ted this contract, it can be enforced. The
Legislature can provide means for enforcing
obedience to this contract, and to this end
may, III HCttsSbiN, iOi-
feited, and proceed against them to judgment
of custer and final execution. What greater
remedy could the people ask! Their powers
of protection are ample and complete.
But can this contract be enforced! Why
not? All other contracts can be, and are en-
forced, and there is no reason why THIS may
not be? Let the General Assembly provide
simple and effective means of determining Q
schedule of reasonable rates of freight and
passenger tariffs on the different railroads IN
this State, through the interposition OF courts
and juries, and when such reasonable rates
have been ascertained, let the courts be en-
powered to enforce obedience thereto. Ihls
is the solution of the railroad problem. With
this vanishes the bugbesr Of vested rights,
and the great moneyed corporations of the
State become subject To the laws governing
common carriers, and can only receive rea:
sonable and just compensation Tor thelr ser.
vices. This is all the people ask.
Among the poor Senators are Chandler, OF
Michigan, whose annual income Is S2OO.toO;
sherman, of Ohio, worth s..,o00OOO; Nye, OF
Nevada, 100000 in mill and mining. prop
erty; Morton, of Indiana, $4,000 saved from
practice and official salaries; Iiamlin, oi
Maine, $250OO0; Matt Carpenter has a la"
library worth 100000. which is about all he
has saved; Caldwell is a millionaire; rome |
roy was poor when he entered the Senate, nut
he saved about a million out of twelve years
salary and mileage; Stewart, of Nevada, owns
lots of railroad stocks and things, and won
estimate his worth; Cameron counts MS
pile by millions, and his colleague, Scott can
take care of a small family with about hall
million. Ferry of Michigan. i worth al
least 100000 and is a bachelor.