The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1882-05-20
Judge Craig'S Record.

Judge Craig'S Record.
On the first of June, 1873, Judge Craig was
elected to succeed Judge Lawrence on the su-
preme bench of this district. At the time he
was elected it was claimed and understood
that the majority of the judges of the supreme
court OF the state, were OF opinion that the
legislature had no power to regulate railroads
In their charges for carrying freight and pas
sengers. Judge Craig was elected mainly on
the ground that 1t was understood he took
contrary view of that question, and believed
that the people had a constitutional right to
regulate railroad companies in their charges;
that in their business they were subject to rea-
sOnable regulation as were natural persons.
Judge Craig has now been on the bench for
nearly nine years, and as he Is candidate for
1t becomes proper for the people
to inquire whether he has during that time
had any influence in the court with his asso-
ciates, in establishing or fixing the law on the
subject which was in controversy between the
and the people at the time he was
elected. When Judge Craig was elected it
had never been held in this state that railroads
were subject to legislative regulation, as re.
spects freight or fares, indeed as we under.
stand the matter, the majority of the judges as
was then constituted the court, believed that
all laws regulating charges were unc0nstltu'
tonal The first case which arose after Judge
Craig was elected was Mum VS. The People,
reported in 60 Ills, page &c. The question
there presented was the validity OF Sec. and
4 of an act of the General Assembly, entitled
an "act to regulate public warehouses and the
warchousing and inspection OF grain, and to
give effect to article IL of the constitution OF
the state" This case was before the court be.
fore Judge CraIg's election, and the court was
not able to reach a decision, as will appear by
the opinion of Judge Brcese, on page S3, where
he says: "On the first argument at the last
term the court, after much elaboration, were
unable to reach a satisfactory conclusion. In
the meantime the court had undergone
change by the election of two new members,
and 1t was deemed expedient and proper that
they should take part III the decision, and to
enable them to participate re-argument was
directed, ana the questions have again been
fully and ably discussed" After the re argu
ment, by the and of Judge Craig's vote, the
case was at once decided in favor of the peo
ple--Juuge Breese, Sheldon, Craig and Schol
field making the majority necessary for every
decision. The other three Judges McAllster,
Scott and Walker, did not concur in the opin
ION. This was the first case IN which it was
held by our supreme court that the charges OF
corporations were subject to legislative con
10 Judge Craig for the decision. The corpora
tions saw at once the force and effect Of the de-
csion and they carried the case to the SUI
preme court of the United States which saw the
business Of the decision, and affirmed it'll an
elaborate opinion, which will be found in 4th
Otto, page 113.
The Importance of the decision in the Mum
case will be seen by reference to the case OF
c., B. e. Q. r. II. Co. VS.. Jewel, Otto, l55,
where the supreme court held that railroads
were liable to be regulated in their charges by
the legislature upon the same principle that
warehouses were subject to regulation. In.
deed the railroad cases were founded upon the
decision in the Mum case, as will be seen
from the opinion of the court, found on page
16l, as follows:
RAILROAD companies are carriers for hire
They are incorporated as such and given eX
traordlnary powers in orter lha' they may the
better serve the Ini.i.c III thai capacity. They
are therefore engaged in public employment
affecting the public interest, and under the de.
csion in Mum VS.. The People, 60 Ills, supra,
113, subject to legislative control as to their
rates of fare and freight"
In speaking of this decision Gov. Cullom,
in special message TO the house of represen.
tatives, Feb. 18th, 1879 said:
THE case was made a test one. 1t was de-
clded by both the state and federal supreme
courts IN favor of the people; and in Its de-
clsion the supreme court of the United States
declared doctrine of the greatest importance
to the people OF the whole Countrywide doc
trinc that, under the powers inherent in every
sovereignty, u government may regulate the
conduct of It's citizens toward each other, and
when necessary for the public good, the man.
ner in which each shall use his own property.
The value of this decision to the farmers and
grain consumers OF the country cannot be
wholly estimated in money"
We will not however stop with this decls
ion. Other cases involving the same question
have been before our supreme court since
Judge Craig was elected. Rugles v. The PEG
Pile 81 His. $50, is one of them where the
court held, by the aid and assistance Of Judge
Craig, that
IAN express grant of power in charter OF
a railway company to fix the rates of tolls to
be charged and to alter and change the same,
does not confer unlimited power, bat only the
right to charge reasonable rates, and what is
a reasonable maximum rate may be fixed BY
statute"
Here again, all who will take the trouble to
examine the case as reported, will find that
Judge Craig was with the majority OF the
court IN vindication OF the rights of the peo-
pie. The case of Illinois Central Railroad VS..
The People, reported in % Ills. 313, Is another
case where majority of the court, including
Judge Craig, held that the railroad company
was liable to an action under the statute of
May ID, 1878, passed to prevent extortion
and unjust discrimination. See also Ward VS..
Farwell, 81 Ills. 500, and c., b. & Q. r. r. Co
VS.. The People, II Ills. 443, where the doctrine
IL announced that the legislature has the power