The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-02-28
THE CAKo DAILY BULLETIN FRIDAY, FEBRUARY o. ls7s.

der any circumstances, and whether just
or unjust, Ia tho charges for trsnsportine
the samo classes OF ffsights over equal
distances, even though moving IN oppo-
site directions, and doss not perm. I
the companies TO show that the diSorimi.
nation is not unjush The moro proof Of
the discrimination makes out case against
the railway companies, which they are
not allowed to meet by evidence showing
the reason or propriely Of the discrimins-
tion, and then, upon TINS sort Of er parts
t,ial, imposes, Ms n penalty for tho oiiensss
. forfeiture OF the franchise, which would
often be equivalent to fine Of millions VI
dollars. The object Of the law Is com.
mondablc, but such a proceeding, TO DO
followed by such . penalty for tho fret
offense, cannot be sustained, II could only
have been authorized through tho inad-
vertence Of tho legislature. The law, M
1t now stands, makes an ofcnse out Of an
| act which might be shown Evt TO be an of
| Tense, but the exercise Of . wise discre-
state, and while deharripg the companies
from all right Of explanation, con iscates
their franchises upon the frat conviction.
"The summary application Of excessive
penalty 10 considered by the court viols.
tive VI the spirit Of tho constitution, which
authorizes laws with penalties to tho OF.
tent, IL necessary, Of forfeiture Of property
and franchises.
Tho naked fact that q railway com.
pany charges a larger sum for transport.
ing freight Of the Same class over q given
distance, than 1t 10 charging for the same
distance over another part Of its road, or
Ia the opposite direction, 10 not, Of itself.
conclusive evidence Of an unjust discrim.
tnation. Take, for instance, the road of
the appellsnt, with one terminus at Chi
cago and the other at East st. Louis. Al
ono season of the year more freights are
moving from Chicago towards East st.
Louis than In the opposite direction. The
consequence, Of course, IL that ths supply
Of empty cars at the latter point will DO
In excess OF the demand. There 10 a VA.
Ter route between these points, which also
touches several intermediate stations upon
tho road. Now, unless tho railway com.
pany 10 permitted, under such circum.
stances, to induce shipments over It's line
By lowering its freights, II IS evident that
\ portion Of its cars will remain empty.
This would, OF course, necessitato a higher
charge for freight moving toward st.
Louis than II would DO necessary TO inn
pose, II tho return frcights could Re Sc
cured by lowering tho rates on the return
trip.
The real abuse which tho legislature
was en- deavoring to prevent, was not such
proper DETERMINATIONS as those lust sup.
posed, but the practice which had become
general among the railways, Of charging
a higher compensation for carrying the |
agricultural products Of the state to mar
Set when shipped at a station where there !
was no competition than when shipped Mt |
II station where there was such competi-
tion, although the distance over which the 4
freight WAS carried in the latter case,
might greatly exceed tho distance in the |
former The same system also prevailed |
in regard to the freight from Chicago to
points In the interior, although probably
not felt to be 80 great an evil. For dis |
ciipinations Of this character, when sdop- I
ted sba system, the court can zee neither
nor excuse; but nevertheless
IL is the right Of a company, when prose-
cuted on tho ground OF unjust discrimina.
ton, to offer what OF sce il can by way
Of explanation.
Before tho act can DO en-
forced, 1t should DO so amended "A TO cor
respond with the requirement OF the consti-
luton BY directing its prohibitions against
unjust determinations. ltshould make the
charging Of a greater compensation fur \
ess distance, or for tho same distance,
merely prima facio evidence of unjust
instead Of exclusive svi.
ience, as It now 10, and IL should give to
railway companies the right OF trial BY
Jury, not only on the fact Of Discrimination
but up on the issue whether such discrim-
nation IL Just or not.
The conclusion reached by the court is
thus stated:
"While tho legislature has an unques.
'ionable power to prohibit unjust discrim-
nation In railway freights, no prosecution
'an be maintained under the existing act
Until amended, because Il does not pro.
libit unjust Determinations merely, but
Of any character, and be.
ause It does not allow the companies TO
xplsin the reason Of the determination,
ut forfeits their franchise upon an arbi-
rary and conclusive presum ption of guilt,
be drawn from the proof Of an act that
night be shown to be perfectly innocent.
n these particulars the existing act VIC.
ates the spirit of the constitution. The
Ofthe circuit court, ous,ing the
APPELLANT Of its franchise, must, therefore,
70 reversed. ,