The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1874-02-18
THE ILLINOIS RAIL.
ROAD LAW.
LITTER OF JOHN II. OBERLY TO
THE COMMISSIONERS,

CAIno, ILLINOIS, August ~, 1873 To
Aessrs. Cook, Brown and Pearson, Rail-
road Com s,issioners - Gentlemen. Your
determination 10 make one schedule Of
freight and passenger rases for all the
railroads Of this stste is, 1 believe, un wise
The more study the subject the stronger
Shia belief becomes. 1 cannot, as I rnust
write In great haste, state TO you in n
manner satisfactory 90 myself the reasons
which have led me 10 this conclusion.
Some Of them mentioned at the confer.
sncs last week, and few others shall
put upon record In this communication.
In the fret place, In tho law under
which you purpose " make the proposed
general schedule, you are expressly
directed (sec. 81 10 IaAke for each Of she
railroad corporations doing business in
THE state . schedule Of reasonable maxi.
mum rates OF charges for the transports-
zion Of passenger, freight and cars, on
ssoh Of said railroads. This section further
provides, that ~ soon as you have pre-
pared schedule for railroad corpora
sioo, you shall make publication of il in q
nswspAper published at Springfield, and
that amer date named, said schedule
shAil, In suite brought againet any railroad
corporation doing business in the state, in
ton for the transportation of freight, etc,
are involved, be taken in oil courts in this
state, - prims facis evidence that the
rates therein flxcd are reason able maxi.
mum charges upon the railroads for which
said schedules may have been respectively
prepared. The letter Of tho section en-
phatically dirscts tho preparation Of a
schedule for each railroad corporation do
ing business In this state. There can. |
believe, be no doubt Of this, and therefore
unless you can find in the spirit Of the see
ton . contradiction Of its letter.--your
conclusion to prepare ono schedule for ell
such corporations cannot be sustained by
the law under which you propose TO act.
In seeking to justify your proposed ac-
/. tton, understand you to maintsin this
propositions, that If the rates you may fix
for one road, should be-. in your opinion,
tho rates which should also be fned for
another road, theSs Can exist no reason
Why . schedule shoxld be prepared for
each; that II You should decide that the
rates fixed by you Tor two roads, should
DO rates fixed for all the roads in the slate.
no necessity cen exist for more than one
The reasoning lie ingenious, but
the conclusion 10 unsatisfactory, and a
proper construction of tho law would. l
'hsvs no doubt, convince you that YOU can
'nos, without doing violence TO its spirit 10
well - letter, maintain your present po-
,Etion.
am we'll grounded in tho belief that he
legislature nevor for moment thought
that the commissioners could, in the face
Of the plain language Of the law of May
=, 1873. como to tho conclusion that rates
prepared for q general schedule would sat.
Asfy the requirements OF section 8; but if
Am mistaken, hold this TO be- OIL in
proposition, that, II YOU
snouid conclude that rates may be estab- |
'isnso aud applied to all tho roads, the |
fascs must be pulished In Il schedule for |
zach road.
The law dednes railroad corporations to
~ All corporations, companies or indi-
s@esn now owning or operating, or
which may hereafter own OF Operate nnv
railroad, in whole or in part ia this state"
and also ali persons, hrins and companies.
and associations Of persons, whether in.
coEporated or Otherwise, that shall do busi-
nees ~ com mon carriers on eny OF tho
lines OF railroads in this state" From this |
dehnition the conclusion Is deducod that q
company which is not n railroad COM
pAny. and persons and firms, may become
railroad corporations, although they havo
40 interest in any rsilrosd in the state.
The law directs you TO make &C beduls for
zach association Of persons, firms and
- we'll ~ for each railroad
company. l cannot understApd how Won
Gould hx Q rate OF freight reasonable to
he Chicago and Alton Railroad company
which would Be applicable TO tho business
lone BY person controlling tho Red, Blue,
5fson OF star line on some other railroad.
The ousiness OF railroad companies and !
}! these individual or associated common
Arriers, appears TO be 40 dissimilar, TO be
nnuehced and controlled by considors-
ions 80 unlike, that . schedule for the
companies would not be proper sched-
ale Tor the other conmon carriers and
rice vorts. I
1 might here properly enter into an ar.
gumens " prove shat rates which mjght
iot DO high enough on roads doing Light
business; that rstes on north and south
'oads might not be proper rates on esst
Ind west road that rates on roads easily
md chssply operated might be too high
IN roads operated with difficulty and
u great expense, etc., but have neither
lime nor dispositiorto do so. In reply
you would probably say thai roads doing
little business work for flower rates than
Established and paying roads that the.x.
penses Of operating road on the amount
{ business BY Il should not DO ,nkon into
consideration when q schedule Of rstos for
Ihs road 10 being prepared and that there.
Tore The rates should be general. L cannot
agree with you, but II were 70 admit
that you are correct In this belief, the TO-
ply ~ that the Legislature when Il enacted
the Law evidently believed that there WAS
something in the business Of each railroad
corporation requiring . schednle for each |
OF such corporations containing diff. |
fercntial ratas Established on the amour, |
Of business done, the cost Of operating.
ETC., and graduated according 70 ausrti- |
ties. class, direction and distance, You
may b right In your conclusions, and, a. |
Legislators, may have aided in tho enact |
mont OF better Law than the one Of May
2, 1879, under which yon are now acting,
but The legislature, not having the bane-
NJ OF your sdvics, esme 10 another con- |
clusioa AZ commissioners you cannot |
corrsee the mistskes of The leci,laturo
and therefore, II am not mistaken, YOU
have but one course 10 pursus, and that Is |
70 execute the law ~ you find Il. and Al. |
Low tns responsibility for its imperfecllons
70 fall ppos ~ authors.
The saSss that are 10 be fixed by YOU
In the prspossd schedules are 10 DO bold
- only pytSss fseis reasonable. I. is,
therefore, 10 my opinion, your duty 70 not
prspars . sehsduls 10 any mAnnsr that
may weaken the psssunptioa thst the
rates eostAissd In u are reasonable.