The daily Argus. (Rock Island, Ill.) 1873-1877, 1875-07-27
From TIE Prairie Farmer. July "a ~
THE ILLINOIS RAILROAD Law.
How 1t Affects the Main Lipes'of Roads
Prospect Gifts Ultimate suc-
cess in the Courts,

Prospect OF its Ultimate Sue
cess in the Courts,
The greatly vexed question as to the ef-
feet Of the legislation Of this state, for
few years past, upon the welfare of the
railway interests of the state and the
probabilities as to the ultimate decision of
the courts upon the validity Of that legis-
lation, still continue to excite an interest
in the public mind. "A brief examination
of the present status of these questions,
now in litigation, and d speculation upon
the future, may be OF Interest to the pub
lie.
In 1871, a law was passed to prevent
and punish unjust determinations and ex-
tortions In railroad rates. Under this law
q suit was pressed to final decision by the
supreme court, involving the validity OF
the law. This is known as the Lexington
case" and was based upon the act of the
Chicago & Alton railroad company, in
charging more for the freight upon lum-
Der transported from Chicago to Lexington
lilo miles-than from Chicago to Bloom
ingtonTl25 miles. The supreme court
decided this suit against the law and in IA
vor Of the road, upon various grounds,
chief among which were these: /, That
the mere fact OF a greater charge tor a
less distance was not conclusive evidence
of unjust discrimination, but should be
only taken as pfinlG Jttcie evidence, which
the road should be privileged to oppose by
presenting evidence that such charge was
reasonable. 2. The law made simple vi
olation OF its provisions punishable by a
forfeiture of the franchise Of the road.
The court regarded this as as a dispropor-
tionate penalty, and it's violation of that
constitutional provision which says that
''all penalties shall be proportioned to the
nature of the offense."
For these, and other minor reasons, the
court held that law unconstitutional. In
the opinion Of the court, as delivered by
Chief Justice Lawrence, however, we find
the following Language:
From what we have said, 1t will be seen that the
object OF the law under which these proceedings
were Instituted. was, in our opinion, clearly within
the power of the legislature. The law was intend
cd to prescribe the methods by which TO enforce
TntaIy assume Whenever thew Exercise i the finc
tions Of common carrier, and It is In no respect
violation OF their charters.
Before this act be enforced, IL should be &C
amended as TO correspond with the requirements o
the constitution, by directing its prohibitions
against unjust determinations. Itshould make the
charging Of greater compensation for less distance
or for the same distance, merely prinG tdcie evi
dencs Of unjust discrimination, instead Of concln
sive Evidence AZ IL now is; and 1t should give TIT
railway companies the right Of TRIAL by jury, no
only on the fact Of discrimination, but upon thu
issue whether such discrimination Is Just or not.
Thus it will be seen that the supreme
court indicates almost to certainty wha
kind of law, in their view, would be in &C
cord with the constitution,
The legislature of 1874, in view of these
indications, aud following these sugges
tons, amended the law, 80 that it is in al
al
mended, and as such it now stands.
Since the adoption of the present law
the railroads. generally, haYe materall
modified their rates both for freights an,
passengers. Under this law of 1877
several suits have been brought in severa
circuit courts of the state for particula
infractions of It's provisions, against a mum
Der Of railroad corporations.
The railroad commissioners have pei
sonaliy, and by counsel, superintendent tn
commencement of these suits and wit
vigor attended to their prosecution. Or
posed to them. however, have been array
ed the most eminent legal counsel whic
could be secured by the railroads, and tn
most ardent efforts have been made b
them to delay, to continue and postpou
the trial OF any OF these suits in the circu
courts, and thus postpone the time whe
the cases could be taken by appeal to tt
supreme court. They fully recognize VI
fact, that under the opinion in the Lexin
ton case that court must sustain the lay
and therefore their only alternative is
secure disagreement of the jury, or pr
vent such decision or verdict in the ci
cult court as will allow of an appeal.
long as an appeal to the supreme court
STAYED of, so long will the validity of tn
law be undetermined by that court.
TIE cases already tried, this policy of dell
mas been persstently followed by Il
roads. In one case recently tried in q
Morgan circuit court against the Waba
road, the council for the road, by the INC
urgent effort succeeded in causing d
agreement of the jury, but the case W
again be tried at the September term.
One case. however, in the McDonouI
circuit court against the Chicago, Burlin
ton x Quincy road, has been tried, and
verdict found and Judgment had again
the road and in favor Of the people. A
peal has been taken to the supreme cou
by the road, and il is now understood th
decision upon the appeal will be had
the September term OF the supreme cor
at Ottawa. In this case the court requ
ed. in addition to-the usual printed reco
and briefs, an oral argument from t
counsel on both sides. This argume
was made during the recent term at N
Vernon, aud the belief is confidently entt
tanned that the result will be decisiC
sustaining the validity of the law.
Other similar suits are pending, al
some already set for trial in several circl
courts Of the state, and there now renal
scarcely the slightest doubt that fnalal
favorable decision will be reached in q re
sonable time, on all the various questio
involved.
Having thus stated the general stu
ton, and the prospects of an early sett
ment of the disputed points, it will be W,
to consider the situation of some Of Il
railway companies. whose officers and
torneys assert they are so seriously iDjur
by the existing law.
CHICAGO AND ALTON.
The president and directors of the Cl
cago u Alton railroad company, in thu
18th annual report made for the year, en-
ing December Slst. 1874, put forth the f
lowing statements:
by reason of reduced crops, the amou
Of corn transported was "a per cent. le
than in 1873.
The smaller amount of coal transport
is due to strike" of coal miners in d
Braidwood coal field, which continu
three months. and to suspension of 1
Joliet Iron Il Steel Companys works I
ten months, where large amounts of C
are generally consumed" n
The reduced amount of traffic is d
Il Al i