, 1874-02-09
THE FORK OF THE ROAD,

-----
THE FORK OF THE ROAD.
It is no loss truo in tho moral tim In the ply
Bcal world that set Of cauaos once set In
operation will grind out their appropriate re-
suits. And retribution, in reachinR after tlie
guilty, not infroquontly atridos over and tram
plos down tho innocent. Tho process often con-
founds us, but all efforts to arrest it unavnil-
ing. When the warehouse monopoly "laid
down on the grain trade Of tic Northwest and
By q long series Of expressions and oxtortions
courted tho Indignation Of tue community, few
persons supposed TINT tho outcome would bo
decision by tho Supreme Court that tho 1egisla-
turo could rcgulate their charges for storage.
Most people looked for relief In another direc-
tion. It was commonly thought TINT tho waro-
house business would DO thrown open to compo-
tition--that some law, ordecision, or some move
ment Oh tho part OF tho railway companies
would open tho door and establish FREQ trade
In tho handling and storage Of grain. but
shorter cut has boon found. Tho line has given
way at tho point Of least resistance. It has
bcen declared by our highost State tribunal that
| while this monopoly exists it is competent for
the legislative authority to regulate It's oharges
for storage. The decision itself eeeuls to us to
DO fraught with graye dangers, since tho deflnt-
tion of monopoly is the last thing that should
bo left to the determination Of popular asaeua-
bly, whero malico and passion are most COM
monty III the minority,
It is not Impossible that this decision hos
brought us to tho fork Of tho road, where tho
whole courae Of jurisprudence shall take new
departure. It does not necessarily follow that
the Court will decide that the Legislature can
! prescribe railway charges, telegraph tolls, gas
bills, oto., but if sucl, decisions should come we
that this decision, or this class Of deeis-
ions, will be sustained by tho Supreme
Court OF tho United statos; but, il
| sustained in that qunrtor, We should not be
greatly nstonislod. The dissenting opinion il
| tho New Or1oanB Slaughter~uouBe caso lackod
only ono Of majority and this dissenting
opinion had for it's contral and controlling idea
tue principle TINT 1t is the duty OF Courts to
overthrow unjust monopoles. It il by no
mennH certaiu that the recent warehouse de-
cision iu this State will not be sustained in tho
tribunal Of last resort 1t it ever gots there.
Judge DrecBo's opinion is open to criticism on
tho score Of turgdity and infoliclty Of illustra-
tion but wo must not forget that it received
tho concurrence Of eminent lawyers sitting upon
the Hamo Bench, whoao learning and impar-
tiality have never been brought in Quos.
tion. Az legal argument, Judge Nc
Alliator's dissenting opinion iB by fat
tho stronger. Building upon tho familiar
n,axims Of Kont and Marshall, he has constructed
hitherto impregnablo foundations. Granting
his promises, which aro tho premises Of English
aud American law, there is 10 fault Or naw r
llia argument. Aud this dissenting opinion, s<
polished and 30 STRONG, aerves to givo greater
Significance to tho inquiry whether wo have moi
arrived at forK in tho road,-whother We arr
not, as nation, turning away from Kent ane
Marshall and the principle sidontiilcd with thom
and ontering upon new paths atogetlor. Fol
wo cannot look upon the decision Of tho Court at
| no4HI41Ai y tA1u6 oJ Ats0143 out AAsAoA IN
symptom Of public sentiment, and a aign Of TIL
times. Whatever Is public sentiment will soon
OF or later be tho dooslou OF all Courts, high AMI
low, State and National.
Assuming that thlB decision is the emhodi1non
Of public sentiment In tue btuso Of illinois, i
behoovos VI to keep In mind that III now a,lt
unknown path Our Btels should be governed b,
. cauton. There arc inlloations TINT tho Con
oral Assembly may rush into all sorts Of logsla
! ton iloatilo to whnt arc called monopollas, ro
Z gard1ess Of tho practical difficulties involved
1t IL possible, by 10 doing, to accomplish vas
deal Of harm, and to damage enormously th
credit Of tho Btato apd ita inhabitants. II vi
havo arrived at fork Of tho road, Wo luuat lool
{ out fur pitfalla. Tue Supreme Court In
given notice that Aenoeforth tho responsibility /
OIL tho Legislature aud not on itsolf. 1t will Ii
longer answer to pass lava ut random, aud leay
the Courts to say whether thoy arc right Q
i wrong wise or unwlse. Tho written aafegnarL
y Of the Constitution will probably DO uphold
" tho Judiciary, oyon agaiust Legislative ignoreuc
aud capriolouauoas, but outside OF theee, In til
u broad domain Of common.law construction. 1t
J! most likely that the Courta will follow, aud nj
d impods, the course Of thu law-maklng pore