The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1879-01-04


to the lowest point and increased the business
several millions Of feet the tirst year. And this
having been our policy in the entire schedule.
the business Of the canal has greatly increased
When the board discovered the railroad scheme.
they opened correspondence a along the lmr
To procure evidence, but NJ cannot procure wit
ncsses. The men who accept these rebates won't
testify.
! How shall We maintain the canal? The au,
thortics say this constitute onal provision was
framed to prevent the giving Of aid to the own.
ers Of the canal al That lime, but that the canal
! being now state property the legislature las
power to provide for ii. But the Legislature do
not understand IL 80, but seem to think hey are
absolutely prohibited from voting money for its
support. The policy of previous boui ds has been
to pay into the state treasury all their surplus OF
tolls over expenses but the board has paid moth
ing into the state treasury except $1,000 pre-
vously provided for, 80 that We have accumu-
lated some $4,000 or S6O, coo, and when, after the
large repairs necessary, this Is gone, we must
quit.
JOSEPH HART, Of Earlvillc, Il ,membcr OF thu
constitutional convention of 1870, said il was
clearly the intent Of THAT convention that no
money should be voted to the canal by the lcgis.
lature at any time, or for any purpose. The II
days debate on the subject shows this. The pro.
vision was carried by majority of 10, and We
knew 1t was railroad victory. 1t Is no use to
look for aid to the legislature; We must 10 to
work another way 10 save our canal The rail.
road laws, it is notorious, are not enforced.
Their schedule OF rates is not enforced ana ita in
frn IL at nd
forcemen, of the law | believe it is strong
enough. II it is weak, let lis demand of the leg.
isature q stronger one
Some one having asked for Mr.. Smith, of the
railroad and warehouse commission, saying he
was present and "w,l like 10 see him." Mr.
SMITH came forward and remarked, that he WAS
4 good looking man and WAS ready To be looked
at! If we railroad commissioners have not done
our duty We are ready to be forgiven and to beg u
to do it, Think that in return for the privileges
the state gives the railroads, the state has the
power TO protect itself against injustice and cx.
tortion. But the commission encounter many
difficulties We have TO fight the abest lawyers
and the wisest men; the railroads have these men
in every town. Then We have the delay Of this
courts, and to-day many test cases long in the
have thought it best to collect evidence and lay
it before the railroads and let them correct the
trouble. They sometimes do and the com.
plants cease We had 5000 with which 10
bring suits, but it costs from 5000 to S COZ To-
prosecute one Of them. Think these cases now
in the courts will be decided this season. The
schedules Of rates are by law prima tdcie evidence
in a suit for rXorbitunt railroad rat, s. and shift
the burden Of proof on the raroad company to
prove theirs reasonable. This schedule perhaps
needs recognizing, but it was thought best not
to disturb il until the test cases should be decc
cd, then We will get up new schedule
The commissioners have been informed OF The
trouble along the canal, but not until some week.
ago. Judgment Will lie for discrimination be-
tween men in the same town, or between towns,
but know nothing OF discrimination against the
canal by railroad. Nobody ever thought the
railroad would or could carry cheap as the
canal; and don't see how | could recover be.
cause the railroads carried cheaper than the CO.
nal.
As TO bringing suit II is very expensive; the
old commissioners brought many on insufficient
evidence and won none. Their witnesses would
with the condition OF things. What We wanl 10
man to testify with US and am looking for
such man to-day,
We think the state should keep up the canal,
and that the general government should nakeie
ship canal. Every part Of the state is interested
in this canal and every railroad is affected by IT,
part of the state is opposed to the canal; TO get
the cahal bill In in 1872 We had to improve the
little Wabash river. However, southern ii inois
is much influenced by ST. Louis and ST. Louis pa
papers who are not opposed to this system o. I'm.
pr vrments, and | think an amendment o Tho
o lsttution in regard 10 relieving the C. naS
" .uld puss And think IL would h r the
ship canal scheme. / think this favorable time
to petition congress on the subject; when the
NJ ssissppi improvements are stirring. Improve
ments never 20 backwards; no matter how hnid
the times, improvements always going on
Tai, canal will never be dried up.
Mr.. BULL, chairman Of the committee on reso-
lutions, reported the following r's In ions and
form OF petition, and moved their adoption:
RESOLUTIONS:
Resolved, That by the acceptance by the state OF
the land donated 10y the United States 10y the uct
Of Congress of March ID. 1927, which act con.
,aincd he prOyisu that the canal when completed
should be and forever remain public highway
for the use of the Government OF the Unl'td
States free from any toll or charge whatever, LOT
any uroprrty Of the United States or person IN
their service passing through the same, there Was
thereby "A contract II AIDE by said state t. main
tuin said c,lnul forever, which under the c"nst-
tuition uf the United States II could not impair ny
l,ny uruyi-iou in It's own constitution of 1870 10
maintain said cara only so long as its income
should be equal to or exceed the expense OF main
tanning il. A.
word, in lis constitution ui 1870, that " The gen
rral assembly shall never loan The credit oi Tue
stale or make appropriation from the TREASURY IN
aid of railroads or canals, provided that any eur.
ulu. earnings Of any canal may be appropriated
for it, enlar cement or extension ha- never IN
cud,d to violate it's said contract with the mt
/ States, nor 10 pcrleirate so absurd t"ollsh anu
ridicuIous an act ~ to allow it, own property 10
30 Ia destruction, rather than Ia repair ana PIE
rryc it, whenever necessary To do 80. Thar lo"h-
um the credit of the rtate Ia railroads ana railas
| th.., I'd IN If-,.l N