, 1874-01-04

t,ilbcrt,s Is:.itsvay-1n,Er in Illinois.
RAILWAY LAW IN ILLINOIS: The RELATIONS
HA11roADs TEE PEOPLE, As SET Forth IN THE
CONSTITUTIONS. THE srATr1Fs, AND TIE DECISIONS
OF ILLINOIS; TOGETHER WITH TEE DECISIONS OF
OrHE: STATES AND TIE FEDERAL CoCRTs Upon THE
CoSsT1rCr1oNAL QUESTIONS INVOLVED. With IN
lntroluetion by tn' Non JonS N. pa5M1n NJ and an
Ia the State, and the Tariff Schedule Prepared in
Accor3ance With Las p FRANK attnEnr. CHI
cago: CalagA1n Co. 1873.
Tho author OF this work has apparently aimed
to strike midway course between the lawyers
mud the PEOPLE He assumes shat there ia
large reading, reasoning, aud voting public who
feel sufficient interest i'll tho law pertaining to
ralw avs to ostudyit, least to desire WORK for
reference concerning it. 1tB careful EeIuEal satlB-
lies III that it comprises much information OF
value to all who undertake to speak. write, or
agitate for Ruilway-Refofm. While it rides no
hobbies. aud proposes few remedial schemes for
tho cure Of exciting abuses, it surveys elabo-
rately and with pains, the field wherein reform
is needed In country wherein the people are
the fountain Of Legislative wisdom, and the
stream never rises h1t,AcE than its source it is
all-imporlant that the people Hhould understand
tao existing law, the first step toward making
the future law what it should be.
Though mainly legal, the book contains also
summarizing in one volume most matters Of in
terest to the people Of Illinois to be found In
RedGelds larger work on the Law Of Railways,
in the Railway Manuals, aud in tho Conatitu-
tions. statutes. and Judicial decisions OF Illinois,
illustrated aud reinforced BY thoeo Of other
States. Separate chapters are given on The
Railway Situation in Illinois; The Law OF Rail
way-C Corporations is Concerns Their Ofganiza-
ton and the Powers Of Their Officers; Municipal
Aid, Its Validity, kc.; Eminent DOMAIN and Its
Legal Consequences; The Law OF EailEay-C Con-
Btruction, auu Its Contracts and Liens; Iiablli-
ty ~ Carriers of Freight and Passengers The
Railroad and Warehouse Commission, Its His
tory and Utility; Uniformity Of Charges, How
Enforced; Tho Chicago d Alton Decision Pro-
posed Pla14s of Legislation Concerning Inter-
State Commerce BY Congress-, &c.
Occasionally VIC SEQ sentences throughout the
word which indicate that It ia prepared by editor
without su1hceutiy-critlcal revision by practi
cal lawyer. Illus. On page 45, after quoting the
section OF the Constitution OF illinois which pro-
hibi.s the Issue OF stock except for money, la
bor property actually received aud applied to
the purposes for Which the company was or
ganlzed," as provision against what is COM
1nouiy known Us II watering" stock, the writer
adds: ''The common law recognizes the right
of the Government to make snch restrictions"
The idea that tho powers of q State Government,
as expressed in its Constitution, neod any ''re-
cogultion from tho common law to give them
validity, would never occur to lawyer. It
iB the peculiar function of NOT only Constitu-
tons, but statutes, to repeal, alter, modify, &C.
cept, adopt, or destroy the common law ut pleas-
re.
Again on page 81, the writer, after pointing
out tue fact that tue right Of way for railways in
Illinois ii secured by the State, while that for
private ways can only be obtained by the consent
Of the owner Of the land over which the way
runs. says:
The enterprise having starred ~ = public project
aud been given speciA privileges that account, the
contract uis entered no cannot be sst aside vt the
option Of Of the parties thereto The perEerrion
oi highway into prlvato road would Justly forfeit
the original franchise. We have herein the e1plana
ton of the fact that railroads 1rcA are hhodVs urt
al.rays corporate property.
Il is not true that railways arc always, or
necessarily, corporate property. They may be
built by individuals, and lew have been'so
built. The Illinois statute Of Eminent Domain
provides for taking private property for public
use without tho owners consent we'll
where the right to construct the road is
granted By law to ''pefson as where it il
glauted to corporation (Tide I'd vol. Cross
Stat. 1867; and tie use would be as ''pubic" il
tho road were owned by person as II 1t Were
owned By q corporation. .,
So where on page IS, the writer says that
railways Incorporated uuder special charters
have the same rights Al those incorporated under
general laws. and vice versa lie could only have in
tended to mean that their rights as car1ierB and
iug not from their corporate character, but from
tile business in which they arc engaged, are
much the same. or course, special charters
aud acts for transportation create rights 81 well
as declare them. though the writer seems to
speak otherwise.
These features, while deserving criticism, do
not materially derogato from the value or essen
tla1 trustworthiuess Of Mr. Gilbert work, which
is such 10 render it desirable 10 lawyers, legis-
ators. politicians, merchants, Bhippers, farmers,
and the people generally.
Liberty and Law.
LIBERTY AND LAM UNDER FEDERAT1vE
GOVERNMENT. BY BRl77oS L. HILL Ph1ladel-
phia: J. D. Lppincost Co.
The principles aud facts stated in this book
mark the author as d radical, vigorous, and
original thinker. He first examines the ancient
in their earlier development, they wrought
out the wclfare Of the people; and
then lo notices the abuses that
grew up, gradually ending in dcspotism, and
finally in tho destruction OF tho Republic
Among them, the oldest, and in many respects
the most remarkable, the Jewish, had it's origin
in the laws OF Moses. which gradually raised a
people from o condition of the lowest Berf-
dom to ono OF great power and influence.
Tho despotism of the Hierarchy at last
gave THEM prey 10 %utlI dHeIAles,
and, though destroyed ss nation.
and dispersed all over the earth, aud subjected
to the most terrible prosecutions, their moral
laws and their sacred literature have preserved
them down to the present hour. Among them
are found somo OF the leading bankers and
statesmen in Ill civilized nations.
The Grccian and the Roman Republics are
also critically examined, and it is shown thata
money and military despotism proved their |
ruin. The application OF these principles to the |
condi tion Of our own country is direct and per-
tinent. 1t ia already in the grasp OF most pow |
erful monopolies. from which it seems almost |
impossible to wrest the power they arc only too
ready to WELD. Tie telegraph, controlling as it
does the news Of the country; gigantic rail
way corporations, aiG, directing by y;s,a1;aa their
Of the nation; a tremendous national |
banking system an infamous tariff, made OK
Ercssly to enrich great manufacturing corpora
lions at tho expense Of the people the monopo-
ly Of the great political parties, no matter how
corrupt they may become,-al portend the most
fearful ca!auities to tho liberties and the vel
fare OF the people.
So FIR the thinking public will in the main
cordi ally indorse and accept the facts and the |