The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-04-27

WITHHOLD. would DO prlma facic reasonable
in the courts, or else the constitution is n
dalusion and u fraud, and the railroad |
companies masters OF the situation-pub- !
lie robbers. by the grace OF tie courts OF |
this state.
TO RECAPlTuLATE
Tho lazy demanded, is law providing
ag.ins, and Furnishing Unjust dsCrinina-
,,nnsnnl extortiOns, ana establishing
rule for aicertaining reasonable maximum
80 docs the bin before the house do
this -
THE BILL 0ESERALLY
Sir iii. bill proceeds upon the doctrine
or ,h. courts to which / nave adverted,
Tint railway corporations are but common
c.,r,,rs that they are so Dy tho very ma
,uro of Their employment, and their obli-
cations are precisely such us other com
snnn curriers' assume, and that they are
subiect TO such regulations AS may be pre-
sctiped by law for tho government of other
persons engaged in like employmen,s.
By no provision of this bill is it pro-
nosed TO alter the duties Of common car
riers to the public but, on the contrary,
the bill looks to the rules of the common
INV, declares them, and attempts to adapt
them to the present coddtion of the car
rying trade, and to enforce the duties he
common law creates and imposes upon all
common carriers.
NOT PERFECT IN DETAILS.
Sir, tho committee does not imagine
that tho bill is perfect in its details, and
will welcome any assistance rendered ia
good faith, from any quarter, for its i'm
provement, but the committee does believe
that tho measure is based upon proper
principles and feels u degree OF conf
dehce amounting to conviction, that all
legislation on this subject that can prom
ise usefulness, must proceed upon the the
cries of constitutional construction and the
general principles OF justice and policy
which the bill embodies, and which 1t Is
proposed to put into practice and effect.
THE SECOND SECTION
or the BILL in terms prohibits any rail.
| road corporation in this state from making
any unjust discrimination in rates the
the third section attempts to define wha,
unjust Determinations are, and the fourth
section prescribes the penalty to be i'm.
posed upon any railroad corporation
| guilty of unjust Determinations or eXtor
| tons.
An examination of
THE THIRD SECTION
| Will convince those familiar with tn,
provisions of other bills, which have been
before this house, that this is II much bet.
ter bill than any Of those Although i
may be defective in its details, 1t is NOR,
perfect than either of the bills from which
il drew ITS e1cellencies. The author o
the third section had in view the late de-
cision of tho supreme court, and ha
proited BY 1t. In some of its details, thi
section does not entirely meet my appro
baton, but the questions which will nris,
under it should ull be determined by ia,
courts.
MAY RECEIVE FAIR CONVERSATION.
The first section of the bill in substanc,
permits common carriers TO demand fo
their services in transporting persons ant
property fair and reasonable compensa
ton, and forbids thom to demand or re
ceive or contract TO receive any more thar
fair and reasonable compensation.
now CAN REASONABLE RATES BE DETER
MINED.
Suits commenced for unjus discrimina
tions under the provisions of this act ma,
fail and still the rates charged, aud sup
posed 10 be such DETERMINATIONS, may b.
unreasonable. How may that fact be a,
csrtained2 BY ascertaning what or
reasonable maximum rates.
Exlortion is defined in the fret sectio
to DO charging, collecting, demanding, o
receiving more than fair and res
scnable rate of toll or compensation, fo
the transportation Of passengers o
freight or tor the use Of any railroad ca
upon any railroad in this state. Befor
the measure of extortion can be deter
mined in any case under this act Wa mus
| Int linz hat "a "a fai a
BILE rate OF toll or compensation.
The important question then for us I
determine is: GLOW can tins general a,
sembly establish a rule by which the res
sonableness of tolls and compensate
may be determined p Unless such rul
can be prescribed by US before adjourn
ment, this bill, if enacted into IA law, wi
T possess but little virtuo--wlll be substar
9 TALLY u dead letter. Extortion is char,
= ing more than fair and reasonable to
:, or compensation. How can we say tn
= there has been eEtortion, if there 10 I
j means by which we can determine VIII
IS is q fair and reasonable tol.2 The supreu
- court, in the Chicago and Alton Railro,
IA company VS.. the people, case appeal fro
-s Nc Lean, after asserting the doctrine, tn
. the railroad companies, in accepting the
~ charters, which gave them an artificial g
u istence as carriers, Necessarily accepts
3 them with all duties aud liabilities q
- tached by the common law to q connie
n carrier and must be controlled by the rul
:, forbidding unreasonable charges, or rath
~ requiring them TO charge only reasonab
rates of toll or compensation, uses tn
significant language
$, what is u reasonable rate of frcigl
j. over railroad, Is at best mere matter
&c opinion, depending on great variety
complicated facts, which, but few persol
y could intellgently investigate, and whiC
), it would be wholly IN the power of Il
G com pany to furnish or withhold"
Thus the supreme court argues
- IN A CIRCLE.
A railroad company may not, II Dc
@ Clares, charge more than o reasonable RAJ,
IA but what is Il reasonable rate is mel
IS matter of opinion based on facts whic
a few people can uuders tand, End which
A in the possession of the railroad coinpan
d itself This is keeping tho word of prom
a Use to the ear and breaking it to the hop
:. and this general assembly should not az
y iourn until it has determined how the raj
:, road companies can be compelled to civ
!. TO the courts the complicated facts o
# which Is founded the mere matter OF optI
a ion as to what reasonable rates are,
Thi. may be done in
Y Two WAYS.
II the general assembly, in obedienC
f to the command of the constitution, shout
| establish by its owu act reasonable max
\ mum rates those rates would be eithe
r conclusive, or prma facie evidence thu
| Ia