, 1873-04-03

/ .any that time ia coming whon our courts
will not hold that those charters aro
q CONTRACT betweon tho people Of this State
and tho corporations, but they will hold that
powor which enable them to contract III gotting :
tho road-bed enable thom TO- contract in fHrniBt-
Ing moans oE transportation, to ounblo thom TO
contract With you IL carrying your freight and
can and must bo controlled by tho Legislature
giving that power. I say tho tino Id coming |
when our conrta will hold TINT the oroaturo |
t. IT,. not greater tlan tho oroator;-ro1oora]-
not creator than tho Legislature that
creatcd them tlat theso corporations, called in
one @ B9nse porHons, are not moro sacred In tlolr
himself. Now, tho question Of legislation uT,on
te f4o,osah| sab}ect is yory difficult ono An
ng e as Is ho nocaatro sS mo ot s 99 i'm
yoars ego, under the Old Constitution. and llo
Gang. csme down here thinking ho could fix thu
sd@ietod |0e matte, :" in mo h'f hat day. but he
vas tie, most difficult ho had A''ss ovorF
throughout the country thaat ii is Sory easy
nax matter to legssto on this question Yon Ill
ton Of tariffs. You want railroads to be conf
pcllcd to ceaao their disoriminations, but how To-
frame |aw that h WI VII reach q, ths question how to
is tho question now boforo tho Legislature. i
think II has puzzled their brains good deal. I,
don't wish to say anything tisparagingly to thoj
r. ct ' 5s9yo sha II
mot in this hull. boleyo tLo8 intonl ~ earn
ostly todo ther duty o. any Legislature TINT evor
mct In this hallH beliove they, arc disposed
to moot tho wishes Of their constituents and to-
givo to them tho relief TINT they ask. I do not
como here to chargo this Legislature with cor
ruption and with indolonco, or anything Of that
kind. I boliovo taat they INT ,ntoad to grandlyy
good @ and I falkthfal % sorvant" ~ viva ~''''
hesitnto q lltt1o in expressing any opinion on
this legislation in .this place. do not wish to
performance Of thoir duty. but will venture =
single romar1s. Tho speaker read the following
extracts from tho Stdto Constitution, 8ootion is
Of Ariclo Ill
ton TIC rates q fEasht and Pssssas tsrttfa On
for that purpose Of forfeiture OF their property and
500 ID Of Article II Of the Constitution says
And the General Assembly ahal1, from time to time
pass laws establishing q reasonable maximum of
freight on tho dIaorant railroads IN tho State.
I ask this question. Docs this language, in
tho form Of q constitution, agreed to and ratified
by the people OF tho State, confer upon the Leg
] hea no aonea asa apea unasf a hs
any more powor than thoy had nndor tho
common law, then this language amounts to
| nothing. They had tho right under tho old Con-
nttutiou, and without any provision IL the Con
had the right to impose pena1ties for unjust dis
/ criminntions. Now, my view Of these twro arti-
cles in tho Constitution is this: That it was
tho intention Of tho Constitution, akerswand
think the language OF tho Constitution will bear
nc Out In that Interpretations give to tho
Legislature tho powor to say what was q reaHon-
ab!o maximum rate for passenger and tarin
rates, md also to say what was
OF tho railroad corporations, and that when thoy
snid that tho oourtB Of tho State were bound by
the decision OF tho Legislature tho courta could
not 60 behind tho law to inquire into tho fact
reasonable or not. A court could not go behind
this declaration Of tho Legislature, but thoy in
tondod to give to this Logislaturo tho power to
say whnt waa reasonable and what "aa not roa.
was IN unjuat discrimination and
what was an o1tortiont aud not loaye 1t for the
courts to determine that fact and want to
will bring this question fairly. and squarely be-
fore tho courts, and compel them to meet the
issue right there. [Applnuacl But whethcr the
courts will sustain that legislation Or not don't
know but this do !now .hst the people Of Of
railroads, will never be satisfied until thai
point is rcached, and furthor I know
that It is the interest OF tho rail.
the State Of Illinois, that TINT question should
bo decided, md decided ct any early dny. becaugt
as long as tho contest goes on railroads
viii t0ol uneasy; every branch +. t. Of =. q. IN IN
''it' Il It is Is settled, thst tho Legislature hs
power to control tho railroads, then aucl
Legislation will bring thom to proper subsection
md will at the same time protect their right 1T
people must sottlo down md tako til
aras n don't thii Bsioo ne ry shy Ne7s'
never !; no. eir."] am not yet through. sa
Or change aud modify tho Constitution Of til
United States. [Applanao.1 That will 30 easy
not as Chief Executive Of this state, but i !
& 'ssa1ts n 1s 2seSfy 2psJps 81 q ths s s
~ rev,se thoir ao4''t1 fundsnonts} law IL voice
"Thet's y, md j. IT, tho Constitute =? Il!
isdom on this day % Of progress and oi7iizatior
stands in tho way Of the progress Of this grea
American people, then thia people will in tho II
ture, aa they havo in the past, ia their wisdo1
A voice, IA twenty y-hye yoars' :job.l dosir
now to say d few words in regard to my persont
feolings On this question. I will any that Il,
sly that have appointed Railroad oommif
Rion who aro representatives OF the farmin
interosts OF the State, who have no interest
whatover In railroads, nor to my knowledge /
Tit I moan bnsinesa-raan me NJ that TN mean nv wSoSl, an
they understand ths that u they do not do thel
work as Railroad Commissioners OF this State
they mus % do my bidding Or get 5 Su DO Of tho tbs
| thorougllY, FApplauee,1 am aware that tier