, 1873-06-12

q farmers Of Illinois then proceed to app1y IL
doctrine Of "croatnro" and "oroator " ett1l fl
thor, aud Insist TINT tho Constitution Of til
unftott States Ia subortllnato to tho will Of til
people OF Illinois ? This would DO tho inoyts
Dlc outcome Of tho "spociflo Issue which til
. Nations correspondent do1ncB, IL tho farmor
Should bo ablo to achieve complete victory Il
tho stato. In such case, wo fall 10 500 how Il,
farmers wonfd DO In my bottcr position tim,
they aro now. They would DO forced to 500 til,
buprome court OF their own selection pu
down, and tho controversy would DO thrown bacl
just where 1t was before, or thoy would bt
Obliged to adopt tho urood OF South Carolina, in
a'ht upon tito right Of secession, and try tho SAINT
experiment In which tho Southern States fatlcd
30 ignominiously.
Wo do not bolfoye, howoyor, that tic "spc.
citio' issuo OF tho transportation roformors ie
whns tho Nations correspondent deflnos It to bo.
In tho aret laoo, 1t docs not yot apponr tint tho
authority given to tho Legislature of Illinois bv
tho State Constitution is In conflict with the Co,-
etitutlon Of tho United statos. at all ovonts,
tho supreme Court Of tho stato Inns never said
shat 1t III 80. Tho poweru Of tho Legislature aro
doiinod in Sections Ia and IL, under tho article
on Corporations. Section IL says that "Tho
General Assembly ahall pass lava to correct
abuses and prevent unjust discrimination and
e1tortton" Tho right Of tho Legislature to do
nl this is unquostlonod+ but it must bo done &C.
cofd1ng to law, and not in defiance Of IT, There
IL noto m authorization for tho LogIglnturo to
nx ponAltioa for tho onforcon1ont OF reasonable
tatea OF transportation. Section u provides
TINT "7ho Goneral Assembly atn1l from time to
timo, pass laws establishing Reasonable maxi
mum rates OF charges for tho transportation Of
passengors and freight ON tho different railroads
IN this stato." Who shall eav what nro
reasonable rates Tho State may, under
THO Constitution, hx maximum rates
that aro reasonable, but 1t rcmains matter Of oyi
donco as to what is, and what is not, reasonable,
The TITO points in tho Supreme Court decision
IN tho Alton st. Louis case woro that the rail-
zoads Woro given no opportunity, unior tho law
Which tho Legislature passed, to contest thu
3oasonablonoss Or unroasonablenoas OF tho ratoB
and TINT tho penalties affixed wero excessive in
tho contemplation Of the State Constitution. So |
1ar, thon, tho Constitution OF tho State Of 1lli
nols has not boen brought into conflict With tic |
conHtitution Of tho United States, aud tho
specific" issue Of transportation roformora
cannot DO what tho Nations o],icnpo corro-
Bpondont has defined ii to bo,
Tho election in tho Fifth judicial District in
"nloh Judge Lawrence waa defeated, would cor
talnly indicate that tho farmers conceived thu
fsauo to DO what this Chicago writor hae dr.
scfaoed. But the results Of this election cannot
10 Justly regarded as criterion. The election
OF hr. scholhe1d In tho Second District WIS d.
c'dcd defoat Of the proposition to "reycrse !" tho
supreme Court Of tho State, andit is we'll known
to all who hago watched the canyaaB in thu Fifth
District TINT tho farmera were rieled bv dom,.
5oeues' Iho disposition to ovorturn law by re-
organizing tho Supreme Donch will RAPIDLY
1isappoar as tho fMmcrs learn that ex-
'esslVe railroad rates and unjust discrimination
'an 20 moro speedily and etfectually defeated
1nder the law than by destroying tho law, rhoy
VII nave le5s confidence in tho supreme wisdom
nd universal powers Of State Legislature, If
no railroads Hhal apply that feature Of tue new
t9.lroad law which requires uniform increase l
i tariff according to tho increase Of Distance.
'he attempted application Of this rulo in Eng !
IND "as found to shut of u largo section Of tho
ountry from market. II this wns tho result in
'ngland, tho samo effect Of q similar
'w IN tho Northwest would be 80 quickly ap- t
aront upon trial that the mon who demapd It {
ould bo tho first to call for Its repoal. The d
me Is not for distant when those who think
Int tho railroads must bo suborlinated to tho Il
9mands Of tho farmers, withou. any regard to q
letr own rights and Investments, will DO tho C.
NY onos in favor Of the arbitrary nxiue of n
tea by tho Legislature, and tho rovorsal OF tho CT
'urta. Tho only movement for reforming the p
anaportation.. rates that can homo to succeed L
tinatoly must looh beyond the villful oxtor- p
IN exercised by certain railroad corporationa n
TO the general cauaos which render railroad G.
tes excessive in creator proportion than tho tt
gh prices that rule in ovory other business in Z
ia country.