New-York tribune., 1873-05-03
THE FARMERS WAR.
PROGRESS OF THE MOVEMENT IN LLINoI

EXTOBrIONs BY TIE RAILROADS n FREIGHT CHARGES
FAILURE OF THE LEGISLATURE TO PASS IAws
ESTABLISHING REASONABLE RATES WHY II
FAILED-THg PEOPLE AND THE COURTS
lfioh AN OCCASIONAL CORRESPONDENT or TIE rRBUNzI
SPRINGFIELD, April 21.-The question Of trans
poration is aGitating the minds Of OF Hi
nols and indeed Of the entire NorthWes, the movement
having spread from this 10 other States The crop OF
last year was exceedingly abundant there was sur
plus and prices fell. The return to the farmer Tor hs
labor was small; he began 10 think about 10, and
discovered that which he sold for from 5 20 30 cens
bushel, brought from 81 % to 81 % in tue Elstern
markets. He inquired into the cause OF the dlsuary in
price here and that in the Eas.. and found
that the railroads charged 80 much for carry
| Ing the corn that they received more for
handling one bushel than he did for The labor
and time expended upon the production OF three bush
els. He could not see why this should De ha could 500
no fairness or Justice in It. The railroads would
make no concessions they would not lower tic tluR
and divide the difference with him-whch would hlyo
been wise course-but maintained their rates 40 the
highest figure lie received the minimum price for hs
produce, while the railroads charged the maximum rates
for conveying Il % market This was the 0rgn OF tho
agitation Of the present year. There were murmurug,
Of discomfort in former years. but they led u 10 result
until this Spring.
WHAT ARE REASONABLE MAXIMUM RATES.
Tho Legislature Of 1871, in obedience the new Con-
stuton Of 1870, framed laws fixing maximum rates Of
passenger fare, and prohibiting exort40n aud unjust
discrimination in freight rates. Roads classified
according to their earnings aud rates prescrb "a ranging
from p TO 81 mile for passengers. The c0nsttu
tonal provision which this act based Is a. fol-
lows:
"The General Assembly shall from time 10 time pass
laws establishing reasonable maximum rates Of charges
for the transportation OF passengers and freight on tho
different railroads in this state"
On the face Of It this to be innocent clluse
easily compiled with the part OF the Legislature As
to its justice that IS the justice Of reasonable
imum rates." everybody agreed, the railroads
themselves but simple the clause appears. the best
intentions Of the Legislature in attempting 70 comply
with IT have failed. Insurmountabe difficulties have
presented themselves 10 earnest who have sought
to solve the question, What are reasonable maximum
raes Settle that and all is clear the Cousti
tuition Of the State Is concerned But how Is the Legs
latuTe TO find what reasonable rates Is three
mile for each passenger reasonable rate j.
five cents reasonabel Can the Legislature tx an
arbitrary, inhexiDle tariff for all roadsl That
would hardly be just. what would Dee a ply.
ing rate on one road would ruin another. A
long road can carry passengers cheaper than shorter
one: old road trayerslng rich aud tmcAY setued
region can carry them cheaper than new road run
ming through new country less prosperous ana tlny
inhabited. Then some roads cost more 10 construct
than OJhcIs anu IAS tI4 o,.u - - 70. 'A
terest on road that cost less II IS plain. THEREFOR
that fixed rate. whether Tor passengers or regl
would do injustice to some SO thought the LessItIe
OF 1871 and the idea OF fixing au arbitrary rate Tor all
roads was abandoned
FAILURE OF THE LEGISLATURES LAWS.
That body chose the other horn OF the demmait isa
dilemma and puzzlDg one--aud proceeded to classify
the roads on tie basis Of gross earnings, "a follows:
Class A-Roads whose gross annual earning are $1,000
year or more, p cents mile.
Class B-Not less than 5000 nor more than $1,000
cents mile.
Class C-Not less than 5000 nor more than $500
cents a mile.
6,t,as n ass thnr "A oo0 cnuts a mi
This classification was embodied in law. The basis
Of gross earnings which the classification was made
is evidently no criterion OF the profits o road as me
there other reasons which are obvious. But asdo
from all this, aside from the provision In the state Con-
stimion. IS the Constitution OF the United States which
inhibts states passing laws impairng the obgi
On OF COnracts and it was successfully held " mo
railroads before one OF the Circuit Courts that l3
law violated the Constitution the United by i'm
pairing their rights under their charter which permitted
here that Illinois, in the pioneer days OF railroads,
granted charters or the most liberal character which
accounts for the large nmOer or ROADS IN the a,i'9 anu
her consequent development ana prosperity: IN ioiaE
50, she forgot hat the railroads 5uI DecOm5 80 PoM
erfu as To withstand successfully the demands OF tne
people. she sOWed the wind and Is now Falhy trying
10 control the whrlwind The Passenger law 80 ar as
sututiOnal The in which the decision was ren-
dered is now in the supreme Court OF the Stae "mch
j. expected 10 confirm the ruling OF the Court oei0"'
and Il is improbable that will be taken 70 tle SUI
preme Court the United States The same Legislature
QslD passed an act " 70 prevent unjust "a UlsS
eXOrOn IN the rates 20 oe charged Dy tAe uucttng
| on said roads" This act was based on the following
clause OF the Constitution: The General Assembly
crminaton and extortiOn the rates OF freight aud
passenger tariffs Oh the different railroads In TINS state,
and enforce such laws by adequate pehtues' 70 'A9
extent II necessary tor Jnag purpose u 4O'c'AS u
The law prohibited railroads from charging more iot
tb9n was CHARGED Tor trapsporting Ike quantity VI
goods for an equal distance any other part OF the
line and also from charging for less distance tue same
amount charged greater. Tho penalty Tor violating
= "A
tried IN the Circuit Court OF Mclean County
the defendant being the Chicago Alton and - LOUIS
Road. That road charged s. 65 FOR transporting 4W
feet Of lumber from Chicago 20 Lexington distance Ot
1O miles. while at the same time only = was cnisgl ol
transporting the same quantity OF lumber from Cncago
To Bloomington, distance Ot l46 miles Az bl0omAE'
ton the Alton ROac had to compete with the CmcisJ
Central for the Chicago trade, hence the reduction.
This was deemed 10 be an unjust dlscIlmlha'.on .
against Lexington The Circuit Court found ioF
the plaintiff and the railroad company rather tlan iO
felt its franchise, appealed 70 the supreme Court Nn
reversed the decision the general ground that tAo
law prohibited any Discrimination just or UNJUST HAto
the Constitution prohibited only unjust H4sc.1~H'
tOn,"
THE ONLY REMEDY TO BE FOUND IN THE COMMON LAW
And to this complexion does it all come. The common
law remedy is the only remedy long the Constu
ton Of the United States is unamended ana charters
are deemed be The supreme Court o tus
state has repeatedly decided that railroads are common
carriers, and therefore subject To the common l'"'
The common law was force centuries before ana a.
the time the charters granted and the charters
were granted by the State and accepted by the railroads
with the ac understanding that they were suiJ'cl "
that law Such Is the Of all the decisions oi ,ho
supreme Court OF this state Tie common "a" goes uo
hild aud autedates the Dartmouth C0leLt utei'Iou'
and whether the charters are contracts OF hol t"l
nos Withstand the force and effect OF the conLoh INV"
taking tns ground the supreme COHIt Aas 80 10.
m advance OF the people and OI the l"li4OAs ''
indicated the mode by which these mohopo,' my y, 20
cnrbed ana regulated The people nave ho come -
clearly appreciate tl, fact, ana tue ouP'ch' NV'', @
been the object OF uumeriteG deuuhc"'i'us tNt ,.
,cucs who expect ride into Congress on oiht pa'o
I1ns ON the backs OF the farmers have wOrneI thu-
.slyes into their meetings and conventions ana uo''
ersd IuTImug0ry speeches. In which tucy thitaSpei
IN .srevrrse tue supreme Court and ccc men pled-u