, 1873-08-16

loaao itaolf except with tho oonHont Of every
pornon who might ECU upon II. to perform tholn.
'lasion voluntarily nssumad by tlo carrier to the
vol 10 regarded nj untlor
... HIGHER OuI11AT1oNy,
II tllAt Woro poBsblo," thnn those imposed by tho
common Inv, to duchargu their dutioB 10 tho
public as common carriers fairly and impartial
~. As llas beSn haid by other courts, lilo stnto
ilas endowed them with . portion Of its sovereign
ty In giving them tho right of ominont domain.
By virtuo Of this power they tnko tho la.'tls OF
| demolIBh his house: Is 1t supposed tlloBo great
powers we're granted merely for tho private Eaii,
know tho companies wore oreatod for the PUBLIC
good. The object Of tho Legislature was to add
| 70 tho moanB Of travol and com1norco' Ana
tho Supreme Court maintains that railway cor
| porntionR nro common carriers. mid sub1ect to
| all tho obligations imposed upon common car.
riora ut common law, both upon tho ground tlat
thu Legislature 10 intended IN creating tho cor
porations, and TINT tlo corporatora contracted to
| tors. Tho Court, In tho caaos to which will ro
for, concodo tint tho ohastcra Of railway corpo-
rattons aro contractH botweon tho corporators
aud tho State, which mother party can annul or
that auch contracts impose.
RECIPROCAL. OBLIGATIONS.
In ono case tho Court soy: "Wo hold simply
that 1t [meaning q railway corporation1 must
which It know 1t would bo liable whom 1t sought
and obtained itR charter" "Tlo company cau
make such ruloa and contracts as 1t pleaaos not
inconsistent with its dutios as common caErier,
guago its charter may contain must necessarily
DO construed with that limitation" but tho
charter TaH granted to promote tho convenience
Of commerce, aud 1t is tho constant duty Of tho
respondent to adopt its agencies to tllet end.
3. It can bo permitted to establish no
custom Inconsistent with its charter" And In
late case, tho Court said: "Can any one sup
pose It was moroly to enrich md aggrandize tho
stockholders aud tho officers Of these companies
that the people, through their representatives,
haye grantodsuch liboral charters. On tho
contrary, wo oil know that tho grant Of
such powers were conferred to advance tho public
interests as tho first and great object. but to
easary to enlist private o1lterpriBo and capital.
Aud to call It forth for the accomplishment of
tho end, rights, privileges, and ininunitics had
to 20 conferred and secured to those who
would embark in tho construction and operation
Of these roads, Hence in thoso charters the
rights and dutea Of tho companies arc Expressed
Or implied. Whom croatel bodies corporate,
they bocatnc Invested with the right to con-
struct mud usc their roads to transport both
persons and property over their lines
and to receive compensation for the samo. And
whom theso bodies aocopt their charters, it ia
with tho implied understanding that they will
fairly perform tho duties Of public common car
These are dntles thcy owe to tho public, aud it
was in consideration that thoy would bo perform
oa, that this charter was grantod."
Iheso decisions covor tho wl!olc ground Of tho
controversy between tho people and tho railway
! Carriers, aud thoy define 'tho
LEGAL NIGHTS AND LEGAL DUTIES
Of persons whoae business and employment It
Ia to receive, transport, and discharge paasen-
nm fwnisY
rights and duties Of common carriers at common
lazy, aud thoy maintain tho yoBted rights of tho
public ullder tho charter contracts botweon tho
railroad companies and the State, to ins'st that
formance of nll tho obligations which tho law
las attached to that relation.
# I lavo succeeded in establishing tho
proposition that tho obligations of rail
persons or corporations, arc exactly suoh
a8 the common law impoHeR upon common car
riora, 1t would Bcem to follow, tlnt II the COM
mon law moasuro Of tloir obligations ia in har-
and public policy, no cllango in tho laws which
contcmplatoa tho substitution OF any other rules
for the regulation Of thoir rights and dutien is
desirable.
l have referred to some Of the rules Of tho
common law rolating to lilo duties OF common
carriers, and will add thnt
THE COMMON LAW
Is put ho hoa pGne91 aud and
observing mon" And 1t materially adds
to the yaluo Of theBo principles, uaages
sanort sna rn'en that they n psst ds, ds Their
they are not limited IN their operation to my
one or more OF the States, but arc in forco
wherever roason rules and Justice are regarded.
They ID defy ",r, power ana spurn corruption. They
changed. They regulate tue carrying tsade Of
tho ocean an1 tho great lakoa and risoss, ind in
their application will DO found tho solution of
what is Aptly called tho railTav problom."
Wo are next called upon to consider tho
ABUSES WHICH EXI6T,
In tho practical working OF tie railway Byatdnt,
aud tho remedies for such abuses. It will not
ho regarded by this audience, composed of tho
Representatives. Of oyory branch Of business, ~
necessary for one to cntor into very precise
specification of tho abuses to which reference
lias boeon mndo, 1t is enough to sny that thoy
aro oftonest perceived and folt by tho people il.
tho form OF excessive aud tuctuating rnteB c.
tablished by railway carriers for their services,
in unjust and uuroaeoaable DETERMINATIONS
against persons Or places, or classes OF freights,
burden tho industry ct tho country and
in tho total disregard which they ofton
manifest in their dealings with tho public
OF tho principles Of reaBon and Justice, and
lnw and think i but proper to soy, TINT while
tho different railway limos Of tho State are bur-
lonaomo and oppressive, and tho diacrimina-
tions they practice in regard to poraons aud
places, and classea of freights, arc we'll calo,l-
lated to discourage ontorpriso and ronlor buBi.
nesB uncertain aud unproltablo, and tho vart
combinations Which aro formed to control tralo
and divert it from it regular channels ara alarm
ing, nothing they attonlpt or do is az dangerous
OK as mischioyonB az their ateady and persistent
defiance of the Laws.
It ia our task to find and apply the remedies
for these abuses and protenHiong, aud before We
engage init it il proper to make au attempt TO
estimate its magnitude.
We complain justly OF tho abuses in tho man.
agenent Of tho railways Of Illinois in their rela-