National Republican., 1873-05-07

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Tur Chronicle published day before yes
terday the opinion Of the majority Of the su'
prcme Court, read by Justice Miller, In the
New Orleans slaughter-housc cases. AZ con-
siderable difference Of opinion exists upon
the merits Of the question independent Of the
authoritative decision Of the Supreme Court,
and as the question, In some Of lts aspects,
will undoubtedly again come up for consid-
Grafton, we to-day publish the dissenting
opinion Of Justice Bradley (Which Ia more
condensed than that Of Justice Fleld) In or
der that both sides Of tho question may be
seen. 1t certainly must be admitted 10 be OF
the gravest Importance to have correct
solution Of the question: whether a citizen
who Is deprived by State legislation OF life,
liberty or property, or any other 'fundar
mental right, without due process Of law,
has or has not au appeal TO national protec'
ton. This Is tho question particularly dis
cusscd by Justice Bradley, and there is grea
force in some Of his arguments. Wc com
mend tho opinion to careful perusal Wher
the case was frst decided wo spoke Of II gen
orally, giving our approval Of what wo nm
derstood on the general statements then mad
TO be the effect OF the decision. On the pub
licatlon Of tho opinions In full, however, W
are somewhat startled at their scope, and fca
that the decision may be accepted, at least b!
those who desire such result, as practiea
condemnation OF much Of the Legislation
founded on the atteenth amendment whiel
has since the rebellion been found to b
necessary to maintain not only the Govern
ment, but the rights of citizens in the recon
structed States.
REGULATING THE RAILROADS
The Legislature OF Illinois has passed a
act intended to regulate the railroad line
running In and through that State. As
first step In this direction Of making the raj
roads the servants instead Of the masters @
the people, tho act Is exceedingly significant
and will no doubt become the model for legii
lation Of similar character In other section
Of the country. Illinois had railway Ia
before the passage OF the act in question, bI
it was 20 clumsily drawn that It was pract
cally Of no use whatever, except to the Law
yers, who made enormous sums Of money OF
Of the litigation to which II gave rise. II
present law repeals the old one, and SCENE
leave no loophole for evasion Of its provision
or doubt as TO Its construction unless raj
road president or q railroad director shonl
by any chance, be elevated to the judici
bench, and called to pronounce a decislc
under 1t.
The passage Of the act is significant
another point Of view. 1t shows that aft
all, the people arc supreme, and that no ma
ter how great the power Of the corporation
aud monopolies, the power Of public opinit
10 still greater. Only few months Al
the railroads In Illinois managed eyerythii
their own way. They controlled the Leg
lature, Influenced tho Judiciary, and, TO
great extent, silenced q large portion OF l
press. But whlrlwind Of opposition swe
over the State; the farmers organized
clubs by the thousand, assembled In conye
ton and dema nded rcdress-the passage
laws compelling the companies to put an O
to the ruinous exactious which impoyerish
and brought them to the verge OF ruin q
bankruptcy. The intelligence shown by I
farmers In the discussion Of their grievanc
astonIshed the country. Ithad been believ
that these Western men were amo
the hest and most enlightened Of our por
lation, but no one dreamed that In their ran
were statesmen and political economists WI
In practical knowledge and information, We
superior TO those who assumed to lead,
Struct and control them. Tho late agitati
developed this very fact, and convinced
railroad men and the country that they VI
dealing with a class. their equals In abil
and brain, who knew their rights and dai
maintain them. The victory that they "
Is only the forerunner OF innumerable otl
victories to be achieved by the same class
every State In the Union.
The fret section OF the new law prohlh
all companies doing business in tho 81
from charging moro than fair and rcas'
able rate Of toll for the transportation
passengers and freight Of any description
for the use and transportation Of any railrc
cars upon the main or branch lines" Co
panleS violating this provision are to be
judged guilty Of extortion, and upon con'
ton subjected to the heavy penalties ?
scribed by the act. The roads are prohibi
from charging discriminatiye passenger
freight rates. No company shall char
collect, or receive for the transportation
any passenger or freight Of any dcscripl
upon any railroad, for any distance vii
the State, the same or greater amoun
toll or compensation than Is al the same
charged, collected, or received for the tri
poTtation In the same direction for
passenger or like quantity OF frcI
Of the same class over a greater distanc
the same railroad" without being dec
guilty Of extortion, and punished acc
ingly. The most important provision Of
act, however, 10 that which makes II the
OF the railroad and warehouse commission
TO make for each OF the railroad cor p
lions doing business In this State, as 500
practicable, schedule Of reasonable m
mum rates Of charges for the transporta
OF passengers aud freight aud cars on eac
said railroads, and such schedule shall II
Fuits be deemed and taken In all courts OF
State as pyimd Jdcis evidence that the r
thereon fixed are reasonable maximum r
Of charges" &c.
The responsibility dCyolyed upon the 5
authorities by this act Is very large, an,
there IL any weak point in II, It lies In
clause which vests so mach power In the W
house commissioners without in any
providing for the exercise Of any con
over that body itself. II may be that Iii
will be able to lnd board Of railroad c
missioners who shall be models OF purity
public virtue. Let us hope so.