, 1874-02-04

Atst,
=: =, IT 1,E sEn1ouB1r CLAIMED
.I:l', So. II III tile Bill Of Rights llas been iu-
E!t.r'a;'
Il; %@,,'' iont in this State ia reposod In tl,ruc
: -. t$y' .lte, composed Of separate botltcs of
~, :. =, y; Tho Whole iegisIative power is
',f- = composed Of two 1Tonses,-tl,o molil-
IT, !. each 10 havo certain qualifications, aud
~ o!octod by tho people. Every subject with
s" " % domain Of legislation, within thu scope Of
I s~,. government. not Withdrawn from it BIZ tho
:. lytitutiou of tho State Or Of Tie United states
= Il be dealt with by that body By general laws
} affect tho whole State mid al tho people with
- 1t. lIlnt body ia emptaticaly tho guardian Of
dcralict in Its duty did it fail to exercise ali its
Powars to their promotion anl protection. Tint
body is tho sole Judge OF such measures M may
advnt1co tse interests Of the people. Coming.
ns It's me'bers do, directly from tho people, au
OF thcm. tiloy know tho course of trato, tic
lnanner 'n which the groat internal commerce of
the Slate IL conducted, and by what lnstr1,-
lllcntalitfcs,. mud how by tl,oni tho producing
and other interests Of tho ata.o aro affected.
These, IT l'lat he conceded, aro all lit subjects
for Legislative consideration, auu independent Of
any constitutional provision; und thuy would
| havo
| AN uSDoUDrfb RIGHT
| knowing tiiat 1arge proportion Of ot1r cereals.
! to roach tho markets OF tho world we're COM
pnlled to pass through cortain warehouses called
clovntors, anil subjected to aucll charges as their
,;a owners ,niEt SEQ tit to impose to take up tl,s
domain and If, IN their examination OF it. thoy
illld the owners nild managers OF these waro-
houses aro III organized body Of ,lonopoiists,
posseasing sufficient strength, in their conbna-
tion and by their connection with tho railroads
Of tho State, to impose tojr ow,, tern,a upon tic
producers mud shippcrs Of these cereals, to tho
great slesriMont Of tue latter, who are under
kind Of moral turcss in renting: to them. can it
hc snd to be a11 uarpation OF power OH tho mart
JInTElntTrn IN trfu tttGr,
TN RuD5EGrION TO LAW,
40 to reBnlnto their conduct ud cIlarHaB by law
~ to prevent oppression mud extortion Can
there be moro Legitimate subject for the action
Of Il Legislative body Wo think not. Shall it
DO Had It'll interest no vast ng this il does not
deserve governmental care, AID in not 4 uroper
subject Of slon,e kind Of governmental control
And If, in tho means provided by tic Legislature
to that end. sonlo reduction In their rnoithlv or
annual receipts ay be tho rcsult, can 1t bu ,ald
tlle ownors nre thereby deprived Of their PROP
'erty IN tho case SO mich rolled OIL supra, it
Wy wss admitted it was not sufficient; tho law
80 great q degree ns that, and yet destroy no
rights It does not deprive tho owner OF any
f.igh,t Of property. All regulations of
trade with q view to tho public
property, but they do not como within the Con-
stitutionul Inhibition unesB thoy yirtualiy
lake away aud destroy those rights III which
property consists. Thoir destruction must bo,
under consideration.
NO RIGHT OF PROPERTY
is taken away OF destroyed. AL the property
thu owners ever poBseBaed in this business re-
Of Legislative power. Tho law must bo hcld to
bo ono poteit ollort on tho part of tho 1cgula-
ture to arrest grcat and growing evil, by log11-
lating tic charges which ,tucse warehouses shall
dcmnnd, aud placing them under bonds that
thoy will not violate it's provisions.
Great ptrcss IL laid on tho fact that this waro-
house waa erected in 1862 long nntcrior to tho
paaaago Of the laws, and, by thiu kind Of egis-
abandon tho use Of the property for which it
wha lifted. or to DO business for less compeusa-
ton thhn ltn owners had heretofore aud always
received. 1n another part Of their argument,
they say tlat ti1ey, BY colscut of their cs,otom-
EN- haye received, during tho past year, higher
rates Of storage lLau those specified in tho aot ;
ntti 30, III tbs respect, the nct ia . ptan, pal-
pablo violation Of tho clanno Of the Constitution
relied OIL TINT doprving them Of the value of
tlie uso IL deprivins them OF tlioir property.
This argument IL answered by what VIC hnyo IL
reauy Enid.
IT III IDLE TO TALK
about tho consout Of thoir customers to hclor
ratea Of charg.os than this law allows @ 1naii to
receive: Their customers. bofure this law VAS
ennssot lM'l no protection against tl1oae n,ol,-
opollsts; thoy ha no consent to give; thoy
wore obliged to hayo their grain takou to tl,epo
warehouses, mud bo subjected to ;ucl, charges
comuet;tini, n;rht c,nns" ~ d"msnns ns ,H1', Hus
urotfueor nn.l sinnor Ind m o1,o,,rtiSa i,,e
allb1nission.; thoy woro completely In tic power
munt Ind eunct tie hichast cnaIros 1T T. IL tj'a
sate Of things tho law Is dcsI,nsd tn romc,y .iu'
One Of ti.s iirst nuI most im,'erativa ,I,,r;ssa
Of Tho lnw-makiug powcr-ia to G,,nst nil n"rrus
sary lawy, to remedy existing syi]u..tnhiu, cn,a
il, 10 doing, not to tranygross INV unnstiItin
limitation. The means by which tn In m matt
efTectually ia in tho dlgcretion nf liza Tar;Si"