, 1874-01-09
PROCEEDINGS IN DETAIL,
SENATE.


COLLECTION OF TAXES.
Mr.. VORlS presented a petition for extending |
tho time for tlc, collection Of ta1ca, which was
read and referred. |
BILLS, AND RESOLUTIONS. |
BY unanimous conaont tho following reBolu- |
tions were introduced and laid over under tho |
rule: |
by arr. YoUNaBLooD- That whom tho Log
iBlattire adjourn on Friday, the 20th Of Feb |
ruary 1t stand adjourned sine die.
by Mt. sTA1lNE-That tho State Auditor In |
form tho Sonato, first, of tho number Of miles Of
railroad constructed under the provisions Of tho
| low Of 1860; second, OF the ngsossod yafuo OF |
all tue property and stock Of aad companies for
tho yoar 1875 third, Of the assessed valuo Of nil
property except railroad property IN tue co,ln-
| ties through which said railroads run, for tho
| Tho reading Of Senate bill AS, To roviao tho
Statutes Concerning Criminal Jurisdiction" was
resumed md completed.
| Mr.. MURPHY introduced |" 4 Bill for tho Or
| gunizatlon OF County Commissioners it, Coun-
ties not Uudor Township Organization" which
wuH read first time.
THE NEW SCHEDULE or "nEAsoNAp1E nArEs."
duccd resolution calling upon tic judiciary
Committee to Investigate aud report upon tho
question Of tue cgalitY Of tho schedules Of roa-
Honable maximum rates for railroads, without
the adoption of tho samo by tho Legislature IN
Mr. WAsHDURN said tho Constitution re-
qlired tho Legislature to pasB" reasonable max
imum rates, !" aud tho resolution was, simply. Has
| the Legislature done it2 Ho thought not. and
deprecated tho delay Of tho resolution.
| B1r. SHELDON thought TINT the rates fixed
by the Board wore uHoess unlcsa adopted BY tho
Legislature, but there was a great difference Of
opinion upon tho subject. and he desired re-
port from the Judiciary Committee upon tho
question Of the delegation OF power.
Mr. HAMPTON wanted all contingencies set
tied, and if IN the mind Of my Of the Judiciary
Committee there was IN opon question concern
ing this special delegation of power, he wanted
| tho Legislature to settle the same In advance,
so that tho only question which should 80 up to
tic courts should be tho conettutionality Of
tllo control by the Legislature Of this thrills Of
liz. sTEELE said thu. the law nowhere rc-
.quircA thn- Commissioners to report thaxo
isst 1aesr g Seyst ths isa .s:
veatigation was firmer In tho belief, that tho
eighth section Of tho Inv Of 1873, requiring the
Commissioners to make theso schedules, waa in
direct conflict with the Constitution Of this State
and with the Constitution Of tho Uulted States.
A1r. WHITING said TINT the Constitution ro-
quired tho Genoral Assembly to cnact reasonable
rates, md the question Of their roasonablensss
would come before tho courts in no Benao, but
tho right Of tho Legislature to do what is pre-
Ecribcd by tue Constitution for it to do would be
the only 9neStion 9!1It42 at issne. a.. ,,
doubt Of tho legality Of the delegation Of power
in this clsc. The Office of tho eighth section
was simply to provide rule Of evidence to nssist
. tho courts in determining what are reasonable
ratcs., Ho proceeded in general speech, saying
thnt the created could not be greater than tho
! creator; the railroads woro public corporations
/ by reason of their exercise Of the right Of emf
mont domain, and, as euch, wore subject to pub
: lie authority. He WAS in favor Of obeying the
people md letting their work stand for ono year,
aud not Interfere at oil With tho Inv Of 1S73, for
l1o nolioyed i'll tile constitutionnlity Of tho law
Of last winter.
aoyEnson's pus1sEss.
, The Governor, by hA Private Secretary. laid
befofo tho Senate u list OF the Notaries rubllc
, appointed by him aso tho report Of tho Score
tafy OF Stats on public printing
THE DISCUSSION CONTINUED.
Mr. STEELE continued tho discussion by any
ing no ono doubted the promises of hlr. Archer.
,, that tho created wus Inferior to the creator,
7; stated tho ruilroad doctrine Of vested righta
uulcr their charters, which were contracts which
cannot bo violated. uo believed tho doctrine to
ne imply sustaincd by the supreme Court Court Of Of
every State IN tho Uuion, and ~ courts Of lust
resort in other countries. There werc how
;, over, ample remodios for existing OWLS in
y enforcing, tho provisions Of those contracts.
as defined i'll the common law obligations OF
= tloso corporations as common carricrH. which
require tho corporations to offer facilities for
j., doing business, ind prohibit them from charging
y unreasonable rates aud from praeiicing Unjust
~ not interfere with tho original right Of tho cor
poration to 1iS their own fatcs. bue 1t can pro-
vide rules Of evidence purely, and provide mcana
+ 1or tho carrying out Of the coutracts onteres
fix prima faco evidence Of extorion and of l!si-
! iuut Discrimination to tlx schedule which
should 30 act; and every charge in oxcosa there
sfaonso ssaa d be ssoe ia to p s' R%s %as fass se
!, competent for the Legislature to tix rate 70!
. . any company above or undor which it should
~ not 30. 80 it ia competent for Tho Legislature
~ to lx prma facio evidence Of unjust disorimina
lion, but not to say Whist discrimination shall bt
unjust, and what shall not 10 unjust.
Mr.. WORKS was upon tue hoor to represent all
= tho interests Of tho Trty-thrd District, ant
y waa not acting astool-pigoo for any one clast
y OF Ills constituents. He believed in tho honesty
u and integrity Of the Commissioners, but was 1t
" " favor Of reviewing all their work which Lat
~ ~ not bosn based upon correct information
raroAa company Ind ovor hcen guilty Of: I'll!
Commissioners schedule for the Illinois Centra
u lsn,ond, chnrging II contH fox the frat mile
u VIVA moro than was charged for tho last 15o mile
= On motion Of Mr.. Grows. the previous ques
y y tion was ordered on tue adoption Of the roBoll
10 tiun. and tho resolution was una''imousl!
~ adopted by u viva yoco yoto.
III Dt1LB READ FIRST TINE.
F. Bills wore read tlst TINA ag follows:
y 9so,ato bill A40-To revise the statutes con
10 corning animals running at large.
y, A50-To revise the stututes conccrnln
~ ~ dover.
-. ~ On motion Of Mr. OANFIELD, tho hour OF til
: morning session WAS chnngod from 0:3o to
o'clock.
~ Tho Senate bill OH forcible entry was, T.
II 4 leave granted to Mr.. Dow, taHon up and RI
~, fowed TO tho RoviRiou Committee.
n. Adjourned till 3:30 y. nj.
40 AFTERNOON SESSION.
THE nEyIaIoS.
Mr., DOW, BY leave, introduced q Joint resi-
atl l,,tio l;ecnng tho NoyiBion Comn,ittoe in Q.
IL iasa,lca aud force during the hcBaun, which WI