Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1874-05-28

The Chicago and Alton Railroad
has ventured upon a step which is
not likely TO gain for it, or for the
railroads of Illinois, any fresh hold
upon popular sympathy and respect
Several suits, brought by tho Rail
way Commissioners, are now pend
! ing against this road for violations OF
the tariff law. They We're brought
In the State courts, and were expect
ed to be tried there; but few days
since the public was startled With
the announcement that the attorneys
for the road had made application,
by writ of certiorari, for the transfer
Of these suits to the United States
Circuit Court. The ground Of the
application is, that the road Is pos
sessed of certain vested rights Of
which it is likely To be deprived
that by its charter 1t is entitled to fix
it's own rates of fare and freight.
which right the State law assumes 10
transfer to certain railway commits
sioners, thereby depriving it OF PRIV
| ileges and immunities to which IL il
entitled under the constitution OF the
United States. 1t therefore pra!s
that the writ may issue, pursuant To
| the act of Congress of February -,
1871, amending the cirR rights iG,o.
There are two objections to this
proceeding. lst. The disposition tn
evade the State Courts, which ought
rightfully to pass upon issues hs-
tween the State and corporations al
! It's own creation, In which the wei
fare of the people il involved; F; aud
! I'd. The manifest wrong OF seeking
10 get into the u. s. Courts unlc-
cover Of the civil rights act. Tho
State law makes the roads amcnab!t
to certain penalties for its violation.
and points out what shall constitute
! legal proof that an oifense has been
committed. The federal court ma%
/ insist upon different rule of cN..
dence, and thus throw the bnrthen (
proof entirely upon the plainiilI j.
this view it is Il manifest attempt =,
avoid fair trial of the grave quc~-
tions involved, and to which ths
people Of the State in their sover.
eighty are entitled. The question
thus becomes one Of supreme In
portance, for ii Is simply an attrmIs
| TO cheat the State out OF any "ntr,.
over corporations of its own creation.
And the cloak under which the
attempt is made Is more objectiona.
| bile than the net itself. The civ,t
| rights act WIS never intended
to be used for any such purpnsc.
It's plain object and intent was -
guarantee to col0red men the saiun
rights rs are enjoyed by white men,
! The first section of the original law
Of 1866 declares that all persons hur.
I'm the United States, "exclEdilE
Indians not taxed" are citizens q Z
the United States, and defines uIete
equal rights for every purpose; ana
the third section declares that aIl og-
fenses committed against the pro
visions Of this act" "afecttng pr
sons mhO are denied or cannot elf0rcc
in the courts or .j,adfcidt trib,mnis n
the State or hocalify where bey may b.
any Of the rights secured To them i.
the first section" may be- remove
for trial to the Circuit or Distrir
Court Of the United States. Here IT,
object IL plain to give the freedmen
remedy against oppression In stat,
where, through prejudice, justir
may be denied them In the loc.
courts. Are the railroad mOnopOli"f
| reduced to the necessity of ereepin
into federal court over the shout
dcrs or the lately emancipated "r"i'
| traband ?" It would seem so. An
| whether it can be done, il the ne&"
central point Of interest In the rail
road controversy, which will he de.
termined In June. Davenport Ga
| zette.