The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1874-02-18

~ Ii the maximum rates liked IN
general schedule were just high enough to
90 not unrsssonably high on road dong
much business, or on road carrying
freights and passengers great distances,
would not the presumption that fuch rates
wore high enough on roads doing not
much business, or on short roads DO great
ly Weakened, and would not tho people GO
into court Mt a great disadvantage under
such n schedule, in cases against non-psy-
ing or short roads II, on the other hand,
the rates fixed should be reasonable maxi
mum rates for new and weak roads, would
not such rates, being general. give the
rosds doing heavy business the oppottu-
nifty TO legally extort from tie shippers
paironizing thtm2 Would IL not be less
diHicult 10 COW vince jury that rates es-
tablished for all the roads we're not rea-
sonsble when applied to apsrticular road,
than il would DO 10 convince tho same iu-
ry that rates, possibly the same, prepared
for that particular rosd were not reason.
able-not high enough
But, whether q general schedule, no
matte: how prepared, could bo made lri-
ma facic evidence under ths law, has not
been determined The rule Of evidence
established by section s, is q statutory
rule changing the common law rule, and
II mus. and will be construed strictly.
Now, suppose you prepare, AZ the
law directs you TO do, schedule for
each road, and after tho Fifteenth
OF January next you bring suit
sgainst the Chicago and Alton railroad
company for extor,ionate charges on
freight from Chicago TO Springfield. You
evidence showing that the road
has charged 10 cents per loo pound from
Chicago to Springfield. Then, under Sec
ton you put In evidence the schedule
you have prepared foe tbs Chicago and
ton RAILROAD corporation, which scbci-
ale shows the reasonable maximum rate
PER loo pounds from Ohicsgo TO SPRING.
ied 70 be so cents. The charge Of eY-
.crtion !, thus made out, prina .tocie, and
.ne burden IL thrown upon the rail-
road corporation to prove that the rate
charged by the corporation is reasonable.
Blu. suppose you prepare general seized.
lle establishing for sll tho roads Rates per
mile, md the Chicago and Alton r,iltosd
company should charge IS cents per 100
pounds of freight carried by it from Chi
cago u Springfield and you should begin
suit against IL for extortion. iou would,
ss in the other suit, Introduce evidence and
provo that the road charged 10 cents per
100 pounds, from Chicago to Spring field.
Then you would sttemPtto introduce your
general schedule in which the
rate for the distance between
Chicago and Springfield Was fixed
at, say so cents per 100 pounds. The at
torney for the road wsuld object, because
the sceiule would not bo q schedule made
for the Chicgo and Alton railroad COM
pany, and therefore establish no pripla
facie reasonable maximum rates between
Chicago and Springfield, or for that dis
lance ON that companys ROAD. The rule
OF construction being strict, is IL not prob
q Dle that tho court would sustain tho OBJ
lection and you would either have to go
out of court or be compelled to establish
your case under tho common law rule by
taking the burden Of proof upon your
selves? And thus, might not the object
OF the legislature in cnscting section be
defeated by your mistake? by doing
what the legislature has directed you 10
io--by mskiug schedule for each road
you will make plain your way in litiys-
zion with the roads; by doing chat you
bslieve you tosy DOLBY making a general
schedule-you will plant the seed OF very
"ea'S"EN 1tcst''uFs N'u Wtll
selves in new difficulties, and difficulties
ars already too numerous.
do not intend to say that you may
not exercise in preparing the schedule,
your discretion and construe the law in
he interest of the people. / believe the
Section 8 declares thot IL a
abroad corporation shall charge, etc., the
anne or greater amount tor any distance
han is charged for greater distance it
hall be guilty, prn,o facie, OF unit dis
that it shall lot DO eemed
! sufficient excuse or justification of such
on tho part of Euch railroad
orPoration thst the railway station or
oint at which il made such charge, etc,
n station or point ut which there tx-
rs competition with another railroad or
ther means of transportation. This was
wv before it was enacted by the legisla-
ire. The language ia tina. Of tho supreme |
,urt of the state, asannounoed by Judge |
lawrence 10 the Mclean case. But to |
barge the sRmo or more for any dis
.nco than Is charged for creator |
istance, though "On its face I'M
ist discrimination, may not be unjust
iscriminstion. it may DO determination
a the interest Of tho p,ople. This doe
rine was also announce in the supreme
curt, in the case mentioned above. IL
herefore, you should ascertain, in your |
lvsstigations, that, n. Certain points on
nv road, such discrimination might be
lowed to the advantage Of the public,
ou might in my opinion, prepare your
bedules so rs To allow such discrimina-
ons. For instance, il Is to tho advan-
ge Of the public that there should ba
'inpcttion between railroads, and hero-
fore railroad in competition for
rough freight with shorter road, hiss
FRIED through freight over its line for
q same amount charged by tho shorter
nd for its through freight. Under tho
W, however, if the longer road does so
w, IL must do It's way business At n low
rate than that on which the shorter
sd does its way business. Thus the
nger rosd may he driven out Of
mpeution with tho shorter road
d DO compelled 10 mako up its
IS on its way business. If in your
Union this is TO the disadvantage % the
Iblic, you might, i believe, arrange your
hedules 20 that tho shorter Of two road.
wing tho came tsrmini might charge a
ssonable amount for doing its through
siness, and allow ths longer road TO
rry through freight for tho same amount
tween tho termini, and vet charge on
way business the same rate charged by
Q shorter road on its through businesi.
neither it would he wise to do this
I'VE not Sufficiently investigated the
lestion to determine. myself, but that
~ may do 80 in strict accordance with
10 spirit Of tbs law I have no doub.
hatever.
The interest feel in tho success Of the |
w, and particularly OF section q, mutt.