, 1874-12-10
nEAsoSAnLE MAXIMUM HATES or c1rAnuEH

@nnu @ reasonable 1solatlve:Eto unjust diHcrttn
inntion, It will bo obuorvod Baya tho report, that
u, any legal proceedings againat my railroa'
proof OF: tho commission by tho lofondant Of al
hot doclnrod by tlio law to bo prna facio md
unjust discrimination, or upon proof that the
uolen;ant had charged l,iEl,or ratio than that
named III tho schedule prepared by tho Commits.
mission tho burden of proof III Blftod from Tic
plaintiff 10 tho tlefunt1ant, and tint thencoforth
elo onus OF proving TINT tho net complained Of.
II It TO unjust discrimination, wna tiono untor
such circumstances ~ to duprivo 1t Of It's prima
faclo foaturoA Of injustice or II tho a,,it DO for
oxtortton, TINT tho rnto charged was reasonable,
The nocoaBity ior tlls chnllgo In to sulos OF
oysGaco Ia shown aud dofondcd by tho report,
ut will bo observed TINT tllia Inv In no re-
epoct abtlgos any right vested by clnrtor III tho
corporations. In othor words. concetlIng that
thoir charters aro IN tho nature Of conractH with
tho stato, tho obligation Of tho contracts III not
impaired. There can bn no protenso that thoir
charters over authorized unjust discrimination
CT or oStortion. md tho Inv prohibits nothing oHo.
lno Hamo discrimination TINT might bo pranticetl
botoro t1o Inv was enactoa may bo practscod
now, but. IL tllo not is questioned, the corpora
tion must show thai It ,saY not unjust. Thoy
navo tho enmo right to mako schedules Of ratos
tor transporting ffoigttH md passengers NJ bo-
ioro, but II thoy nnlD thom hgor than tho
rates nalnod III tho ecllotlnlcs prepared by tho
Commissioners undor tue 1aw. they must 10
rondy to show nirmatycly that tlloy nto reason-
nblo., Tho remedy provided by TIM law for tito
people ior violation OF what wns a,d still III q
duty llntlor their charters, ia ouly chauged, mud
| mol tho contract itaolf."
| Iho report of tho
RAILROAD COMMISSIONERS OF MASSACHUSETTS,
lB quoted from to provo tlnt Franco is operating
her railroads successfully nncrn aw almost loli.
tlcal With that now in force in Illinois, The re-
port goes Oil to say:
Again tho Massachusetts COMMISSIONER
Say: The railroads (in lraucc) aro accustomed to
fa foe ~ t' Se f4Sona"ty nsr 10 eqs M s H s @
aaa,foaas M ' hero aro hogl'sning to be- ad in tho
Gnu will become fully accustomed to auporyis-
! lou, anu tho community III oyon now do~
aas %sTter m n rho NET Fsedo 0F;rs Fs,sad pos;
IS olHo thoroughly logical, lit ii built from Tho
baao up. Il docs not, like that Of Illinois, bogi,
with Bi'blimo reliance Oh tLo efficacy Of rntural
1, ,a@a ma enl IN 1.,ry-box-trying, through tho
snts OF political economy Into conformity with
tho eternal iituoss Of things.' This in not fair
statonot't of tho present system Of Illinois, It
cd Gas il Htatcd elsewhere in tho report from
which To qunto) with that now in force Illinois
utd rely wholly on nntnrnl laws. tint Of co,upo-
tlt!oil, to acc,ro tho desired results, but, as wo
naft nayo se9 II" tat utterly tort failed md ~ no
lGrings corporations before q 'sjury-box."
Wo confess va nro nos s,iro what
10 meant by forcing tho results Of political
0AhHb!HJ Will Lilo Qttft10t H.
ness Of thinss' Through tho verdcl Of twoIvo
Interested mon'; but 1t It simply meat'B tlat
jury, Interested only NJ aEl good citizenA should
20 Ill tho enforcement OF nl wiHe and salutary
lawH, shall decide whether or not n railroad cor-
poration charged with unjust discrimination or
with oxtorsol1 is guilty, wo admit prejudice III
favor Of trinl by Jury, even though tho "cou-
fornity, may NOT he attancd.
=" We bollcyo III tho wisdom aud ef1icacy of our
Inv. Wo believe that. however ln,lch tLo attain
ment or the rcsnlts contemplated may bo delayed
III obtaining tiua adjudication as to the valid
ity OF tue low. yot In tho ond thoy will bo Bccur-
oa, and that tho Inv will become an enduring
1nonnmct OF tho wisdom and sagacity Of ita
framorH.
Thcy consider That tho fourth method sr,g-
geatoa-roastB owned and operated by tho State,
with Which oil othors nluat compnto-iH not
practicable for soYoral good rohgos, and they do
not booye that any such experiment will be
tried at presout.
TIE PREPARATION or SCHEDULES
OF rates OF charges for transportation of pasgon-
Eofa mud freight is don't with rather vol,lmi.
no''sly. This significant passage occurs iu that
relation
Fortunately wo have, in tho reports tho Di- |
roctorA OF many Of CUR odor roads hayo made /
from tl'no to time. for tho use Of their stock
olaor1 0 nna, and tho pnbo and in tho records kept
al parts OF tho State, Of tho ratca paid for trans
portntion, data upon which reasonable rates |
might ovon now no ascersainod with good do
Ereo or correctness. 4 BOT OF statistics. caroFul-
y collected from yoar to year. with diroct refer
onco to thoir hoaring on tha subject will furniBE
tho means OF constructing schetlulos Of rates |
With atill creator dogroo Of accuracy"
THE EFFECT or THE LAW,
tho report asaertB as boon to roIuce materially
tue ratcn of inspection and to correct many
irregularities connected with tho inspection
OF grain, md it will bo still moro potont for
Food F should tho Supreme Court of tho United
statos sustain tho decision recouty n.ado by that
OF Illinois. declaring tho law unconstitutional,
nnd requiring tho wnrehousenssn III to tnke ont |
licenses and lilo bonds conditioned for tho faith
tul performance of their dutieB.
BENEFITS OF THE LAW.
IN conclusion, thu Commissioners obscryo:
Inc benefits resulting to tho public thus far
from tho passage OF tho act Of a1ay Q, 1873, are
noticoablo in TINT the railroad com
IanloH worry seldom now, ns heretofore thoY woro
m IN III sno constant habit OF doing, unjuaIY dis.
t!'olr road to tho dotrlmont Of another; nor do
lhoy practice to tho samo extent Ut formerly
tl.at ob1cctlonable sort Of fayolitfsm to iniydn-
u shippers that has boon in tho past tho CAUSE
y 30 mitch complaint. aud weso doubtless among
Iho principal If not indood tho primo, oausoB Of
sho onactmo.t. 1Yhlo this Inv las not as yot
accomplished 4 full reformation as to tho oxtor-
lou, no think it may safely bo oainotl that
lust discrimination. It IL gratifying to
1bucrvo, alao, that several Of tho roads hayo
'ogulatod tholr cilargcs to corrcspond it not
exactly, very nearly, with TINT Of tho ratios fixed
y tho scioduloB Ut tho Commissioners aud
hat tho aggregate cLnrgos or all tho roads in
ho Stnto, takon npon the HING amount Of bus-
'eBB done, liz less than boforo tho pasHago Of tho
nv mentioned. III tito suits already
'amcd, instituted chiefly for tho purpose OF
estinE tho questions iii diBpute, 1t will bo OBJ
orvcd that. i'll oyery Instance whnro tho courts
lase passed upon the question: tho law has beon :
1lBtuinct
"Wo avail ourao.yes Of tho opportunity to ro-
low to Yonr Exceonoy tho assurances OF tlo =
Gh consideration with wholl wo hayo tho =
onor to roman your obodient servants, -
JOHN III. 1EtNsoN, i
"DAylD 4. DRuwN, u
"JAME5 krEELE. -
u Commissioners" -
THE WEATHER.