, 1873-11-25
Case of tho Railroad and Warehouse
Commissioners vs.. tho Chicago
& Northwestern n, r..
One Hundred Thousand Dol
lars Damages Claimed,


bohalf Of tho Rallronl and Warehouse Commits
.sionora againut tho Chicago l. Northwestern
1sailroad. It fills Bfxty-nino pngos Of legal-cap
paper, and ia embraced in twonty-six counts.
Wo publish below tho first count and a syuopBie
of the remainder:
oireait Court d said County ot Stephenson, % Of
tho December Torn, 4. D. 1879
Tho Chicago Il Northwestern Railway Com:
panyt was summoned to answer tho People Of
tho State Of Illinois Of ploa that 1t, tile said
Chicago d Northwestern Railway Company, ron
dor to tho aaid pooplo Of tho State Of illinois tho
sum Of $l00, 900. lnwful money Of tho United
States, which It owes to, and unjustly dotaina
from, them. And thoroupon tho said People Of
tho stalo Of 1lnois, by James K. Edsall, tho
Attorney General Of tho Btate Of Illinois, COM
plains: :"
For tllat, whoreas, heretofore to-wlt: On tho
21st day Of July, 4. D. 1878, to-wit: at tho
County of stephenson aforesaid, the said do
fendant WIS a railroad corporation, organized
under tho laws Of tho, States Of WISCONSIN and
noiB, mud that eaia defendant was then and thoro
owning md operating q certain railroad lying
wholly within Anid Stato OF Illinois, running
fsom ohGag9 tn i the ty GHqnty q oo n T. eaa .
County Of Stephenson aforesaid, md then nnd
tlero doing buslnoB8 rs q common oarrior lpon
and oyor said railroad, and that afterwards, to-
wit: on the day and yoar aforesaid, at
defendant, aH such common carrier, attho special
instance aud request OF Lowia X. Scoflel1 and
Loyal L. Mum, copartners, doing business at
said City OF Frooport undor tho firm nnmo and
for said firm ofsooaold l. Mum, from said City Of
Chicago to said City Of Freoport, upon and oyor
said railroad, largo quantity, to wit: ninety
Bix tons Of coal, tho goods and chhtto1s Of said
firm Of Bco1nld & Mum then and thero being,
and that said defendant, afterwards, to.wit : o.
tho day md yoar aforesaid, at tho County OF
stephenson aforosaid,' charged, collectod, de-
1nanded, and received Of and from said
1lrm Of sconold & Mum, as and for
tho said defendant, toll and compensation
for tile said carriage and transportation Of said
coal upon and over said railroad, from naid City
Of Chicago to aaid City OF Freoport, in nannor
aforesaid, a largo sum OF money, to.wit: tho
sum Of 8252.28, anu that said sum Of money 20
chargod collected, domandod and received by
said defendant Of and from said firm OF 6cofiold
& Mum, for tho carrying and transportation Of
said coal as aforesaid, thon and thero exceeded
q fair and reasonable rate OF toll aud oomponsa-
conl in manner aforeaaid, in large sum Of mou-
ey to-wit: in tho sum Of a106. and was then
and there unjust, unfair, unreasonable, ind OK
tortionato, contrary to tho form Of the atatuto
peace and dignity Of tho said people Of tho State
OF Illinois, md thereby and by forco OF the said
statute nn action hath aocrncd to the said People
Of tho Btato Of Illinois to demand aud have Of
parcel Of the sum above demanded.
q. Tho second count charges that tho Com
pnny demanded $3.50 for the transportation OF
Boo pounds Of gaspipe, bolts, and nuts, boing
81 IN excess of the reasonable charge for tho
ecryioo.
8. That said Company demanded Of stavor l.
Snyder, Of Freoport. 60 for carrying twenty
eight casos Of rubbers weighing 800 pounds,
from Chicago to Frcoport, being 80 in ezcosa Of
o reasonable rate.
a i I;1ro don,and fror, t,,o ANNA ,,oroopa ~
$3.50 for carrying two casea Of boots, Weighing
24o pounds, being 80 contB in excoss OF a roa-
aonnble charge.
s. A like demand from William A. stovcns of
Freerort, for carrying two bales and one boz Of
merchandise, Weighing G35 pounds, the gum Of
$3.4s, bo1ng IN oxcoss Of el.60-
G. 4 Iko demand from Stevens, for carrying
one bale Of yarn and one barrel of twno, Weigh
Ing 900 pounds. to Freeport from Chicago, tho
sum Of $3.50. being an excons Of o..
7. 4 like demand Of l.. q Farwcll, Of Froe-
port. for carrying boxes Of merchandise, weigh
ing 500 pounds, the sum OF $751; being an ex-
8. A like domand from said Farwel1 for carry
Ing 16 boxes Of merchandise, weighing 3,0U0
pounds, tho sum Of 3l5, IN e1cegs Of 35.
Q. A. like demand Of said Farwell for the traus-
portatfon Of one box Of merchandise, weighing
130 pounds, the sum Of o5 cents, boing an exooss
10. 4 ike demand Of ". n. smythe, Of Froo-
port, for carrying cases Of boota and Rhoea
Weighing g9o pounds the sum Of &e'76' hoing IN
Il. like demand Of Sanford, Bidwoll q Co.,
Of Froeport, Tor carrying from Chicago to Free s
port $500 feet OF Lumbar. Weighing 10000
pounds, the sum Of S27.40, boing an e1ceHa Of
$40:
IL. like demand OF lorfl, Ddwel d Co.,
for carrying 6,5oo feet Of lumbor, weighing
21,5o0 pounds, the sum OF $2o.46, being an OK
coss OF Slo.
II. a llko demand OF Frederick Bartlett, for
carrying from Oh!cago to traeport 19o bundles
of shoot iron anti o5 bars Of Iron, Weighing a, 139
pounds, tho sum OF S72.a2, being MI e1cess Of
325:
II. like domand Of tho eatd BARTLETT, Tor car
rying QUO CARLOAD OF wagon.atook woishing
20, 600 pounds. tho sum OF Si5, being an e1coss
OF s15.
Is. A like domand OF tho said Bartlett, for
carrying 1o7 koga Of nails and 9 halt-kega Of
nails, Weighing 81 2o0 pounds, tho sum OF 942.34'
boing an excess OF $l6. .-...
10. like demand OF Martin Y: brown, for car
ryfng from 0hloago to Frooport ITO tons Of coal,
tho sum Of s2s7.6s, being % cxcess Of s1oo.
y. like domand OF said Drown, Tor carrying