The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-01-15

ADOPTED the lVtn, the lZth ana l4tn Sec
lions Of the 18th article Of the constitu-
ton. Before the adoption of the constitu-
ton Of 1870, the public mind had become
20 affected with the impression that rail-
ways could only be useful to tho public as
long % the corporation controlling them
were able themselves to carry on bust
ness % common carriers, that disposition
was sometimes apparent 10 consider the
rolling stock and other movable property
Of railroad corporations as appurtenant 10
the railroads. To correct that impression,
and to prevent its further growth, the 10th
section of the 18th article Of the constitu-
ton was adopted, which declares "thst
tho rolling stock and other movable
property belonging 70 any
railroad company in tho state
shall be considered personal property,
and shall be liable to execution and sale
in the Same manner - the personal prop.
erty of individuals, and tho general assem-
bly, shall pass no law e1smp.ing any such
property from execution and SALE" And
then, to lay the foundation for the asser-
ton Of the public right to authorize COM
petition in the business OF carriers on the
roads of the state, and then to furnish the
basis for O proper definition of the right
OF the owners of railroad property, ms
against the public right Of its use, by the
18th section of that article IL is declared
that railways heretofore constructed or
that hereafter may be constructed in this
state, are public highways and may be
FREQ to all persons for the transportation
Of their person and property thereon,
under such regulation as may be pre-
scribed by law" And the I4th section
recognizes the right Of the state to take
the property of corporations for public use
to the same extent rs the properly of indi.
viduals may be taken.
These constitutional provisions are in
tended to establish that there is no neces-
sary connection between the ownership OF
railroads and the prosecution of the bust
ness of common carriers by tho same per-
sons for corporations; that railroads are
public highways, in which the public
have rights. the most important of which
is to use them for the transportation of
their persons and property, subject only
to regulations to DO provided by law that
the property Of railroad corporations may
DO taken by the state for public uses 10
give effect to its own policy and the
proper conclusion from these sections and
from tho whole scope of that portion OF
the constitution which refers to railroads,
is, that the policy intended to be supported
is to break up the monopoly Of the carry
ing business, which the owners and man.
ayers of railroads have secured, and make
the lines Of railroads free TO commerce,
subject only to the rights Of the corpora
tions and individuals TO whom they belong
TO demand compensation for their use,
and then only to the extent to which they
be used.
PENAL AND REFORMATORY IN
STITUTIONS.
THE PENIrHNrrARY.
At an early day the report Of the peni-
tontiary commissioners will be laid before
the assembly, and have the satisfac-
ton Of informing tho representatives of
tho people that what was expected when
the law now in force for the government
Of the penitentiary was passed 10 realized,
that the institution is now, and has been
for some months past, practically self-sus-
tanning.
On the 18th day of April, 1871, tho gen.
eral assembly, embarrassed by the unex-
pected and unfortunate controversy in re-
lstion TO the relocation Of the seat of GOV.
eminent, suspended Its session until the
fifteenth of November, following, and loft
the penitentiary management without the
means of providing employment or sup.
port for tho cOnvicts, and largely indebted
ard without credit, so that in fact there
were no means Of carrying on the institu.
ton. ! was compelled TO convene the gen.
eral assembly, and to again urge such
changes In the law for the government
of the penitentiary as experience had
shown to be necessary, and to ask an ap-
preparation from the treasury for the sup.
port Of the institution, If such law could
not DO passed. ! accordingly issued my
proclamation convoning the general as.
sembly at Springfield on the twenty-fourth
day of May, 1871.
was, when issued tho proclamation
the legislature, fully aware of
the certainty that my motives would DO
and unjustly censured,
especially as l was compelled to say that /
regarded the prosecution Of the work upon
the new state-house as important not on y
to the general interests Of the state, but as
q means of providing immediate and re-
munerative employment for the convicts
in the penitentisry. In my message COM
municated to the general assembly at its
meeting on the Path of May, 1871,
frankly stated my views in relation to the
subject OF appropriations for the prosecu-
ton Of the work on the state-house and
at tho same time said that at has been
my earnest desire since tho commence
ment of my official connection with the
government of the state, to
see the penitentiary so conducted
as to accomplish the reformation of
criminals and at the Same time be us lit
tie burdensome as possible to the people of
the state, and now notwithstanding the
unsatisfactory results of past operations, l
still believe that with proper legislation
and judicious management II may be made
eminently useful as penal and reforma-
tory agency, and at the same time substan-
TALLY self-sustaining," and at the same
time l felt it to DO my duty to add, "the
only practicable system of the successful
Vt tho panitentiary, in nv
Judgment, is that which com bines the re-.
tention ofcompleto control oflhe discipline
and government Of the convicts by the
state, with the lease of their labor 10 ner-
sons engaged in special pursuits, and the
general assembly, soon after its meeting
passed well considered act which en-
bodies and gives effect to this principle,
and executed as the law has been by the
whose names appear to the
report, all that was then predicted has
been accomplished.
feel It to be my duty to express my
obligations to the commissioners for the
intelligence and fidelity with which they
haya dlschar ual thatr I,.s.