, 1873-03-07

Opinions from Various Sources.
From the Springfield iHi.) Register.

The Supreme Court, in its recent dccieon in
the Chicago l. Alton Railroad care, has necessi-
tated q new departure on the subject Of railroad
legislation. It WAS claimed by tho last Legisls~
ture, and many legal minds hare held horcto-
fore, that tho Legislature had tho power to de-
termine and provide rates OF freight and pas
senger tariffs for the several railroads in this
State. notwithstanding tho provisions in the
ri1e their own rates and also had tho right to
determine what were roiust DETERMINATIONS.
Tie decision OF the Court IL to the effect that The
Legislature can only determine, prima facio,
what are unjust Determinations, and that the
question only bo coDclusvely determined BY
4 jury. In other words, tho Court holds that the
question, whether tho discrimination bo just OF
unjust, must be left to tho jury. and cannot be
seeded conclusiyely by the Legislature. An un-
Just discrimination il merely an unreasonable
rate.- Hence, if the jury must pass upon the
justnees= of tho discrimination, it must pass upon
the reasenableness OF rates; hence, the whole
subject OF reasonable rates and unjust diacriIn-
alton is virtually renitted to tho jury. This is,
in effect, the decision Of the Superior Court, aud
hence tie supreme lav Of the State. It is true,
tie Legislature may prescribe ratee, prima facie,
reasonable, and may declare certain discrimina-
tions, prina facie, unjust; OF, it may guess at
-, It 1t hits, it's deer; if it 1nisseg, it's calf"
TO this condition must We come at last.
But what have the people to lose? Do they
distruat The Jury7 b no means. The jury has
been the palladium Of their liberties for con-
turies. Let q railroad corporation, guilty Of
unjust Determinations, unreasonable charges
and e1tortion, bo nrraigued before jury, and
who doubts the verdict1 II the control Of these
giant luonopol:cs can be vested in the jury, the
sovereignty Of the people will soon be pro
claimed! Hence, VIC are not discouraged by tho
recent decision Of the Supreme Court. Tho
people, although at first disappointed and dis
courkged will lind it their grcatest security, and
the means OF gindicating their dearest rights.
it,a rfIv fi1Ff mn in
session, to pass law in conformity to this decis-
ion, and providing for determining, through the
nterposition Of jury, conelusiyely Just and rea-
Eouable maximum rates OF freight and passenger
tariffs, and what Determinations are unjust, aud
providing pains and penalties for charging un-
reasonable rates and making unjust disc1i1nina-
tions. Mr. Hildtup; Chairman Of tho House
Committee on Railroads, has already introduced
bill on t,is subject, which is receiving the can-
did consideration of tho members Of the Legis-
leturo, and Of the press rnd people Of the State.
We will not attempt = synopsis Of this impor-
tant measure. It should be- read in extenso BY
every citizen OF Illinois. The glst Of Alr. r.l-.
druPs bill is this: That the Railroad and Ware
prepare and submit to jury the schedFle of rates
for each class OF railroads, making the rai1road
defendant, md obtaining the verdict Of tho jury
thereon, as to whether such gates are reasonsiF ;,
By law are unjust aisefimina.ions. II Is. ,npq nv
will 30 find, the Court decrees that ane. ra,road
shall conform to suck rates, r. :, i1odn .h1toin
from all determinations {onaa to be- Sa011r- m
.{nst. and and impose 1s, ssse5s csnaitios IS Tor Tor
daresara!ns sush rates: 4Ee bill may need
but in it's Leading {eatu1ea j. seems to Offer !
practical solution Of tts picat railroad problem:
and to BE- ~ W dared . The end had IN view,
nanets, ene e9NNteFa subsection Of railroad corr
p41Rtlona 20 c>t' 1tutional legislative authority.
=, we nave n:. desire to- oppress the railroads.
.t une peopac- ought not, if they could, cripple
tacsa ereat means of developing the resources
Of me State. We merely ask Justice and fair
-1ealihg. We caution them against mob violence,
or any disregard Of Ian. Maoy indiscreet things
will DO said, and many acts committed which aTe
indefensiblo. But tho thinking portion OF the
community will only insist upon legal remedies
and laws bearing equally upon all:o They are
willing that railroad corporations shall make
reasonable profits upon their capital and time
employed in operating their roads, but will con-
tinue TO oppose abuses, e4to1tions, and unjust
Determinations.