The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-01-14

the state, and to pass laws to correct
abuses and to prevent unjust discrimiDa.
tion and oxtortions in The ratss Of freight
and passenger tariff on the different rail-
roads Of the statej and by another pro-
vision Of the constitution, railroads here
toloro constructed, or that may hereafter
DO constructed In this state, are declared TO
DO public highways, and FREQ TO all por-
sons for tho transportation Of their per-
sons and property thereon, as may DO pre-
scribed by law.
In opposition TO these distinct provi.
sions of tho state constitution, and tho
laws enacted in pursuance Of them, tho
railroad corporations deny their obliga-
tions TO obey, and openly persist in refus-
ing TO conform 10 tho maximum rates al
lowed by tho acts Of tho general assem-
bly,, for tho transportation of passengers
and freIghts on their lines; and they con-
tinuo 10 practice tho abuses and enforce
the unjust determinations and extortions
forbidden by tho laws; and they continue,
Notwithstanding tho legislative prohiti-
ton, TO assert their rights to fix thoir ratio
| for tho transportation Of passengers and
freights on their roads, and to establish
! discrimination at their pleasure; and they
deny the authority Of the state to interfere
|
bition Of The other.
| 1t 10 porhap, but just that IL should be
stated that II is sometimes conceded by
way corporations that 40 carriers they arc
in some way, or to some extent, bound to
conform 10 the principle Of rsasonablness
in their charges and on some occAsions
some of them are understood TO have as
| al 20 hn nRn al, nd
to DO correct under the constitution Of
| 1913, that reasonableness Is tho limit Of
railroad rates for transportation, and tho
question of what are reasonable rates 10 10
be settled by the courts when particular
charges are disputed.
But tho General Assembly, by the act
of April 7, 1871, which was enacted TO
prevent unjust determinations and sxtor-
lions in the rates to DO charged for the
transportation of freights, fixed certain
rules for the determination OF tho rates
permitted 10 be charged by the railways
in this State, declared all rules and regu.
lations and bylaws Of any railrord corpo.
ration that fixed, prescribed or established
any greater toll or compensation than the
rates permitted by the act, to DO void,
provided penalties for the violation Of the
provisions of the act, and then declared
any willful violation of any of tho acts
to be forfeiture of its franchises, and by
the act of April 10, 1871, the maximum
rates allowed to be charged by railways
for the transportation of passengers was
fixed, and provision made for the enforce.
ment Of the act.
Repeating expressions employed before,
IL seems 10 mo to be due to tho interests OF
the people of the state, and to tho dignity
and authority Of its constitution and laws
that tho most energetic and decisive meas.
urcs should be devised and adopted by
the general assembly, to limit the preten'
sions Of this rapidly growing and all alb.
sorbng interest, and to compel its obe
dience. In this view it 10 esse ntial that al
the ofienscs committed by the railway cor
porations should DO prosecuted by indict.
ment preferred by the grand juros, and
tried by jurics of tho proper vicinage
Ono of tho acts now in force provides tina
states attorneys may prosecute
the other that no shall prose
cut for forfeitures after tho almost impos
siblc event of tho fifth conviction; blu,
states attorneys will not be likely TO de.
sire to encounter these formidable inter.
} ests with no other support than the con
sciousness Of having discharged their du
ties. /, therefore, recommend that thu
fourth section of tho act Of April 7th, 1871
DO amended so rs TO mako the penaltie
5 provided by that section recoverable b.
, Indictment against tho corporations an
their employees, and that the hrth sectiol
4 be so amended ms to make it the duty q
l tho attorney general 10 prosecute railwa
o compaDys for violations of the law, an
!, that similar alterations DO made in the &C