The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1873-04-26
THE FARMERS AND THE SUPREME COURT

of this state, published Ill VIC NHl'"5' '''
6Hio OF Tuesday
We are misconstrucd, and, as we believe, IRA,
durrd, hy denagogucs, and our wishes ana
statements. i'm a measure kept from the public,
or 50 garblcd as to reflect anything p"I our ''"'
intentions. .,,.,
First then am fully convinced that You can
not find ten sensible, sane men III tnis sla'c Mi'o
hnIirvr any of the Judges of that Court are dis
honest, No respectable gathering of the farmer,
has so declared.
What, then do the farmers complain OF:
FirSt--They believe that this Court, honest HI
il is, is about 100 years behind the business '""
people of this country.
Sfcogd-Thc Court attempts to rule the couh-
try, regardless Of the wishes ol inc pcoPltE
,,surping the right to make the dlctum OF inc
Court the law of the land, no matter what the
wishes e the people may be.
Thiy1-Thc Court comedies to the Legislature
the powcr-over the pcoplc--of an absolute mon
arch, and thereby attempts to bind the people to
compliance with the provisions OF statutes Whith
il dirniies with the title OF contracts, WIN
which there can be no subsequent interference;
Eoarth--It decides too many cases IN the li@ht
of presidents which have grown out OF matters
not well understood at the time, or not appllca'
bic to our time.
There is no doubt, as Mr.. Hooton says, but
that the Farmers Union have been miscon-
strucd by demagogucs. DcmagogueS are a
class of men who live by misconstruing
everything which they think is adverse toI
their own personal interest. But while Mt
Hooton desires fairness towards the Farmers
Union he arraigns the Supreme Court OF TINS
State for their decision in the case OF the
Chicago, Alton e. st. Louis Il. Il. Co. vs. the
Railway Commissioners, seemingly without
rhyme or reason We think that both the
farmers and the Supreme Court should pc
treated with fairness and that neither shoulu
be condemned by any one who Is ignorant oi
the facts in the case. We think that II any
one will read the decision of the court with
an unprcjudiced mind he will believe that
the Judges of the Supreme Court have been
as badly misconstrucd by demogogucs as the
Farmers Union. And for the purpose OF
irving to secure fairness in this regard we
here give substantially the facts involved IN Z
This case and the decision Of the court thereon,
without comment We cannot in tins space
rive the arguments of Jude Lawrence, VINO
delivered the opinion of the court; but we
have cndeavored to give the main facts IN
the case and the decision thereon fully and
plain enough so as to be understood.
BY an act of the Legislature entitled AN
act to prevent unjust determinations ana
eXtortions in the rates to be charged by The
different railroads in this State for the trans
portation of freight on said roads, 1t Is pro-
yidcd in the first section that no railroad
whatever, organized and doing business in
this State shall charge or collect for the
transportation of goods merchandise or f
property on its said road, for any distance,
the same or any larger or greater amount, as
toll or compensation that is at the same time
charged or collected for the transportation OF
similar quantities of the same class OF goods, $
merchandise or property over II greater DIS ,
lance on the same road; nor shall such cor
uoration charge different rates for receiving, .
handling or delivering freight at different +
points ON its road or roads connected there y
with which it has the right TO use.
Nor shall any such railroad corporation
charge or collect for the transportation OF
goods, merchandise or property over any
portion of its road u greater amount rs toll or
compensation than shall DC charged or col
.lcctcd by it for the transportation of similar
quantities Of goods, merchandise or property
over any portion of its road otcqual distance"
In another section Of tins law it provides
that any willful violation of any Of the pro
vision of this act on the part Of any railroad I
corporation shall be deemed and taken a for
fixture of its franchises, and such corporation
so offending may be proceeded against by the {
States Attorney in any circuit or county !
through or in which its road may run; by Sci,r 4
ftcics, or upon information in the nature Of
q,Lo ro1roato, to judgment of custer and final
execution"
This act is based upon section -, article
II, of the new constitution, which provides
as follows:
The General Assembly shall pass laws to cor
rect abuses and prevent unjust discrimination
and cXturtiOn in the rates of freight and passrn.
yer tariffs ON the different railroads in this state
and enforce such laws by adequate penalties, to
the extent If necessary for that purpose, OF Tor
fixture of their property ana franchises.
After the passage of said act, the Chicago !
Alton & St Louis r. II. Co. charged and re
ccivcd, repeatedly for the transportation Oft
lumber from Chicagoto Lexington, distance
of 40 miles, $5G5 per 1000 feet, and charged
and received for the transportation of like
lumber from Chicago to Bloomington, dis.
lance of 1876 miles, only $500 per 1000 feet
The Railway Commissioners of the State,
On this state of facts, brought on information
in the nature of qJt0 WdrdRto in the Circuit
Court, praying forfeiture of the franchises
Of said II. r. Co. Tor violation of the proyis-
ions of said act
The r. r. Go. plead its charter and alleged
hat the profit so charged by the Il. r. Co.
from Chicago TO Lexington was reasonable,
and tina, said freight from Chicago to Bloom
.ngton was unreasonably low and was SO.
established because there was competition toI
the latter place with the lll.Ccn RltCo. These