, 1873-03-28

etatoa was partially Justified by tho fact that Tho
| Court had boon previously roluood to two loss
than tho law allowed, but tho action Ia univer-
sally regarded as ono Of tho moat dangerous and
reprol1onsiblo OF Con. Grants Administration.
Mr. Castle Ia careful not to any, IN 80 rnnny
words, that those oaBca ought to stand as proco-
donts, but ho would hayo dono lllmBolf more
credit by emitting MI reference to thon Il, cou-
noction with the proposed roveraal Of tho 8u-
premo Court in this State on tho railroad ques-
tion. 1t is Unnecessary to produce arguments
to show that auch PRACTICE, II it should bocomo
general, would DO ruinous to govornmont mud
aubvorsivo Of Law.
Alr. OaHtfo Raya that " the great question to
DO decided Ia whether tho State has parted with
itB sovoroignty, whether railroads nro superior
to tho State, or thoir will superior to 1aw." Thia
Ia not tho question ut all. Mono Of those propo-
Bitions aro true. Tho question Is simply as to
how tho Inv Bhnu DO enforced, which provides
that railroad charges ahall bo reasonable. ,Alr.
Castlo sooms to think that tho Btato ahould fix
an absolute aud arbitrary tariff. To do this, M
Mr. Harris stated to tho Legislative Committees,
would DO to contraveno tho o1istcnoo Of rail
roads, II the railroads should submit to a
Statute fixing 0 cents milo as the maximum
charge for travel, without regard to its rcasona-
blenoBs. tho noxt Legislature might fix tho ratio
ut cents, aud tho next ono at cont, or bolow
the ratoa that would enablo tho railways
to pay tho wages Of their opera
tives. A tar1r might readily DO ostab-
1ishod nndor which tho railroads could not
DO operated at all. If tho Legislature should
follow out tho principle thus applied to raroadH,
and f1 tho prico of labor, Of cara, Of iron, Of
locomotives, Of oi1 and Of all othor matorinl
uRed by railroads in tho samo proportion, and
would guarantee that all citizons should abide BY
these prlcos, tho railroad companies would prob
ably accept the rule worry gladly. They would
thon be relieved OF tho occasional floss and in-
cos8ant annoyance incident to strikes among
their employees, and to bargaining for everything
they buy. As this Ia not possible, 1t ia not Just
that railroads should bo coorced to submit to an
orbitrary tariff which any Legislature mny choose
w EAo9SAANC* AA0 2AHiGiAt INuIL uGGlATGA Inc
law to bo that railroad charges must DO reasonu-
bio. Tho Legislature must provide way for as-
certatling what rates arc unreasonable, which iB
precisely what the Donahuo bill proposes, whicl,
Alr. Castle voted for.
htr. Castle claims that tho railroads must DO
compelled to obey a law enacted by tho General
Assembly until it has beon decided uncoustitu-
tional, and intimatos that private citizens would
bo required to do as much. In othor words, Alr.
Castle says that II tho Legislature fixed $40 ~
maximum foo which ho should rocciyo as q INV
yor; or 90 cents bushol az tho maximum for
which lie should sell hi8 corn as a farmer; or 81
day aa tito maximum wages that lo should Do
mand Ms laborer, lie would hayo to obey this
statute until. in tue tedious processes OF the
courts, this law should DO decided unconstit,,-
tional. Mr. Castle, us lawyer, farmor, or n
aborer, would do no Buch thing. Flo md his
clasa would refuse point-blank to abide by 80
violently than tho railroads have rosistod simi-
lar law in their caae. Neither lawyers, nor farm
ers, nor laborors, nor any other clasB Of people,
would recognize it ono minute, nor wait single
day for tho decision Of the Supreme Court.
Mr. Castle haB contributed nothing to his do
fcnne, nor to tho cause ho represents, byhiH now
1ottor. It contains q proposition which is moro
untenab1o than that which he recommended to
the farmers Of DoKalb County. Ho admits TINT
he and tho people should DO content with the
Supreme Court decision, as it is really on their
sido, but Gdds TINT IL thoro Ia still distrust on
the part Of tho pooplo as to whethor similar fail
ings might not be found in any law enactod,-as
to whothor 1t ia possible to enact any regulations
Of railways which this Court would deem con-
atitutional and without flaw" So tho Supreme
Court is to bo reversed not for what 1t has done,
but for what somebody guossea 1t will do This
is tho appropriate redHctio al absurdum of A1r.
CaBt1o's original Letter.