Liberal Republican. [volume] (Dallas, Or.) 1872-1???, 1873-01-04
% he IiberaI Rrpub iran
DALLAS, SATURDAY Jan. 4.
THE QUEsTTON C,E"VESTED
REGU"eSo


o'rcu't 'iourt, is exciting profound
.uon. The case is briefly this
''the Constitution of Illinois providse
that the General Assembly shall, from
time to tiMe. pass laws establishing
reasonable Maximum rates of charges
for the transportation of passengers and
freight on the different railroads of the
State; and also pass laws to correct abu
ses and prevent unjust Discrimination
aad extortion 10 the rates of freight and
passenger tariffs, etc. This coustitu
tion was adopted in 1870, and, in 1871
the Legislature passed law prohibiting
railways 10 Illinois from charging high,
eE rates of freight fer short distances
than long ones. The Chicago and AL
ton road violated this law by
discriminating in favor of shippers at
Bloomington, and against shippers at
Lexington and the Railway Commits
sioners of the State instituted suit in
.the Mclean County Court to test
their right to do &C"
Through the persevering efforts of
Col R. p. Morgan. one of the Railroad
Commissioners, the suit was pressed to
n verdict against the company,
Tho eaae On the part or the Railroad
Company, is susceptible of defence
that viii doubtless take it at once, TO the
9apFene Court of the United States.
u involves the application to railroads
% the principle involved in that clause
OF the constitution of the United States
ahie1 fosbids States making laws im.
pelrinE the obligation OF contracts
The poin< made by the company, and
that which gives the Supreme Court
of the United States jurisdiction at'all,
D that lie chara cter is contract which
fhe State, the 9th er contracting party,
cannot disturb without consent.-W.
State Journal.
We are pleased to see this question
agitated not only in Hin Qis but in
ether States, aud it nust soon be raised
IN Oregon or the people must b. made
che dupes aud tools of railroad mo.sop-
olies. We are aware of the fact that
q people destitute of railroad facilities
ore very apt to overlook all other con-
siderations and almost unanimously
exclaim. "give us railroad p but there
something else that ought to be
considered. The carrying trade of the
country isF' done by railroads, and she
people are deeply interested in that mat
Ger. Why is II that wheat has taken
q rise recently in Oregon and California?
Simply because freights have been
reduced on the high seas. If the re-
dBctions Of freight the2. will raise the
bFices Of the produce of the farm, the
people of every State are deeply inter.
ested in the question of fre'ghts. 1t
seems that in Illinois the new const-
'titution provides, that the Legislature
should make laws regulating freight on
railroads I'm the State. The Legislature |
lid pass law, forbiding these compa-
hies to charge more for freights carried
) short. than long distance.
One OF these companies violated this
provision, and suit was brought by |
the State railroad com missioners before
j udge Upton, and the Judge decided |
chat such law could and ought to be
enforced. To our opinion he decided
correctly, although railroad kings and
heir hirelings are dissatisfied with
II. Judge Upton in our judgement,
Is an able honest lawyer and judge.
His acts and decisions are uninAuenced
by partizan feeling, merceuary consid-
erations, hate or friendship. Would
90 God, the same could be said of every
judge upon the bench, but unfortu
nssely for mankind, man is falliLle. 1t
was said 10 that case, and has, and will
be said in Oregon that the company
had "vested rights" which the people
through their legislature cannot take
sway and what is that vested right ?
dhe night il 10 said, to charge just what
shsS psssse % railroads, for carrying
freight and passengers. How beautifully
ehae soands in o government which
6dhsss that all power rests with the
people." IL must be remembered,
Aowevef, there is no bounds to the
cheek, OF o railroad monopoly, monied
have no conscience. APP
ply the principle of "vested rjghs," to
the railroads in Oregon where the
farming lands are confined to a morrow
valley; not exceeding fifty miles in
widths with the Willamette running the
whole length of the valley near the
center. Then we have railroad rum
the whole length on one side of the
river, and another iu course Of con