, 1874-02-16


the most difficult aud perploxtng task to which
tho moro onliHhtencd mud experienced railroad
managers n a1o called upon to aalrosn themselves.
IT. Sontlnns'iy aIao beeomea moro porploxng
plex. yet, until very recently. tho idos among
legtslat01a las been nimoBt universal
that 1t required only tho passage Of
sono 30 simple law, limited TO- = few
attor an hours consideration, 10 regulate tho
whole isnbteoe on n wse, just, cheap, and per-
msnont basis. Accordingly Tho a.ntutc booss of
all the States contain examploa Of onactments
Upon tl,eao this board has Ind frequent ocoa-
Sion to comment In Its proviot's ropolts. 'nnd
their futtlity is now generally conceded.
RAILROAD EVOLUTION
:, In this country, therefore, tho. relations OF
the railroad system, to tho potlcnl Hyssom mny
DO considered aa having now puased through
two phases Of discussion and attempted eotuo-
ment, nt,-.corresponding to Two stages In tho pro-
ooss OF evolation-atd to 10 ontcring on third.
Itlas ranscd Through the non.tntcrferonco phase
and tho Legislative phase. During tho last.yoar
1t has. intho stato Of Illinois, entorea upon what
mhy he callod tho phaHo Of executive superVt-
son; while in Massachusetts tho discussion has
advanced yst, irtlor and han farly touched it's
uro lookin8to partial etnto-ownerBhip.
,AR.nn experiment in direction never before
attempted III this country tho
:. MOVEMENT NOW ooIH6 ON IN ILLINOIS
SbJ1CClikll4 HUlkL5 IA AttuAklOAs ~
brief sketch Of Tho recent railroad legislation Of
tho State will not, therefore, DO out Of pfaco.
Originally, Illinois, in at least al grcata degree
~ my other Stato III tho Union, abandoned tho
whole question Of transportation By rail to TIC
natural economical law Of competition. 1tH rail
road oorporationg were organized without any
limitation upon their powers, except such aB
might ho de{ucod from tho somowhat vague
maxima Of tho common law. The anxiety Of the
aud their confidence in tho cfticacy OF
competition as M all-su1icient safeguard agatnat
oxtortlon WAS 10 implicit, that they evon nog-
sssa or 8 r9a % as a7 hSn S nud nrSeG oSsF liz @
charters for purposes Of amendment. alteration,
and repeal. All the carly franchises granted III
Illinois woro accordingly, uudor the rule Of con-
sttuttonal lav laid down In tue Dartmouth Col.
people Of tho State aud tho corporations
to which they wero granted. In the
course Of time, however and after tho
railroads 'wero constructed, 1t becalne APP
80 implicitly relied upon for their regulation,
had very imperfect and unanticlpated ctroot.
Competition, instcld Of producing uniformity,
cheapnoss, and stability iu transportation, lod
to precisely, opposite results; in place Of uni
tformity it led to groBH inequalities between
competing and non-compoting points in place
Of cheapneBs 1t lod to alterations of liberality
and extotion, and In plnee OF stability it led to
violence Of luctuation. II any effective control
.vious, therefore, that it must bo sought else
whore. Accordingly, when tho Constitution
Of 1870 was framed, railroads we're
especially declared public highways md tho
,maximum rates for Transportation upon them
was imnosed mon tho IerigIat,1ro. proyiglon
,,yaB ajeo made III general tormH for laws to cor
rect abuses, aud to prevent unjust d;scrimina-
tiou and extortion, with ponaltos for their
Tho oxtent If necessary for thai nurnose. Of
fnrfoiture uf their proporty and frauehsoa -
Acting uudor ills constitutional authority.
the first Legislature which assembled aftor
tin Constitution of.-t8m vent into ofroct.
naased cortain laws Of .groat comploxity, pro.
.EiEitinr on tho rro,,nd nj unjust dincriminn-
tiou. tIo charging Of tho same or a larger sum
for ioinr any work Of characterization over a
smaller s,,m NJ oomnared with q lorrer distance
Of tLo same road, aid further providing tor tho
clnsnifontinn nf kho rai}rondn Of tho htnto me-
ooriinc to their earnings. and the establishing
in dctall Of specIflc rates Of farea and froights
for them accordingly. In other words, recourse
was had to tho system Of legislative rcEuln-
tion pure and simple; and Doard of 1tail-
road Commissioners was created, whore duty
it was to sec that tho terms OF the law
were complied with. Tho corporations, how
eser, insisted upon their constitutional rights,
statutes.
vas accordingly ,nado m under t the provisions in re-
lato,, f, to dscTi nnaton md tho inv VAS finally
decidoi to ho 1,nconst;t,,tjanai by tl,o S1promo
Court oftho stato. In rc11lorine its decisop,
howayor. tbo Court intinntod, extrn-iudicially
+,at thn1,,n1' ~ ~" 1ts fiiS.; nnt n,nnso
un;,u tha cori,ornt sDocio and arbitrary rulea
ren,,ectine tliacrmnatiun or 1,nr,ose liked ratos
at Which floy must perform tho work Of traug-
1nrtniion' vat tl,nt thn cornnrntonn wnro
ini1or n cnrn,no,,- inv ohcnton uot fo fsor;n,ir-
ato 11niuafv or charge for to Herrices thov rnu
dnred othar than reaSonablo raten Of con,i3o,,aa-
tio,,. II, couseolently. rroator rnte was
ohnrrcd for loss than for ths larger tijntanno
thin ect tha Loe;u,aturo coulJ mike nrima facio
evidence OF unjust Discrimination securing Tie
ra;lrood cnmnai,ios tra. =, i,lry ,,os oniv 1,no,,
tho fnot Of liz discrimination. bnt upon t tho
question OF its jugtnoss, or otherwise. Il be-
c,mc tLcrcfnrc y question IN l1o f1ociicf in aach
ca casc wlat ratOs wore rensonabo 10 ''''0 " 'A>''
at 1t tlis point the Legislature again took up
tho work. Meanwhile, tic brief experience
iisht '4''>@ '1'&'@'' ''@O @ '"' '' 0e~'' ~
..,r,~ .r,,ona ,,,,,.v,uo
=, T. aat vahs anna1on d'a9 DEE DETECTS aou, =.
- @ ~ 9. oIs aausaa ;t nannt acriuus m IN.