The Dickinson press., 1883-05-12
GRANGER Laws SUSTAINED.
The Supreme Court of the United
States Decides a Very Important
Case and Gives the Railroads a Sc
we're KnockdOwn.

The Supreme Court of h United
States Decides a Very Important
Case and Gives the Railroads a Sc
YER Touchdown.
WASHINGTON, Special Telegram, May u
Tho supreme court to-day decided the cases
If Tho State of Illinois vs. The Illinois Central
md Tho Chicago, Burlington e. Quincy roads.
seldom have railroads received such
ID. knock-down blow from the courts.
The chief justice delivered the opinion
IL each case which was unanimous aud sus-
aimed the granger avs to their fullest ex-
:ent. 1t was decided that the legislature has
tho power in all cases to regulate both freight
md passenger charges without reference the
oad's char Ter.
The case arises out OF the facts below set
'ortL:
On tho 18Th of March, 1873, Morgan A.
Lewis, q passenger on q train of the Chicago,
Burlington IL Quincy railroad, rendered Neal
cents as fare for his transportation from
Buda to Ncponset, u distance of six miles.
HIS was a maNimum rate of 3 cents per
mile, as prescribed by the statute of Illinois
hen in force. The conductor demanded
20 cents, which was the fare fixed by the
'a'lroad company. Lewis refused to pay more
han eighteen, aid the conductor thereupon
attempted to eject him from tho cars. For
:i.is act the conductor was prosecuted before o
Justice of the peace upon the charge of
costs. Tho case was then car
ricd up through the State courts
oy successive appeals, the railroad company
sustaining the conductor and raising the ques-
lion of the right OF tho State to interfere with
its business by fixing IL rate of fare and trans
portation. A decision was finally rendered in
favor OF the State by its highest court. The
railroad company thereuiJn appealed
% the supreme court of the United
States upon the ground that the act
Of the general assembly of Illinois
Of April 3 and IL fixing the maximum rate
of charges for the transportation of passengers
Ill the railroad in the State was unconstitu-
iioDal aud void because it implied an obligation
If the contract contained III the charters of the
various companies which were merged into the
Chicago, Burlinet N & Quincy Railroad CON-
pany by the consolidation. This court holds:
mate governmental contract are never to be pre-
sumed on. On the contrary. the Prescriptions are
AL II the he. other way, and Ind unless the exemption is
jurisdiction as the public interests may
seem to require; 4 State may limit the amount Of
charter. =. That in the present case
there i i, is t.n no i sasA e fss'5''n' the The board STATE 81
directors of the railroad company the power to
establish rates of toll for conveyance of persons
and property as they shall from time to time by
their bylaws determine. but such bylaws
nus lot be repusnant to the consti-
tuition aud laws of the State, if the
State had not legislative power to
regulate, charges OF carriers for hire the case
would be diff ren'. but that question has
been settled ami amended, and the char
ter which this company secured from
the legislature must bs construed in
light that established power The Judgment of the
supreme court of Illinois is affirmed with costs.
Opiulou by Chief Justice Waite. Justice Harlan
Blatchforl did not site in case a decision was
also rendered by court, in case Of
Illinois Central Railroad company, in error, against
people of the State of Illinois, which involves pre.
clseiy the same questions which were presented in
the preceding case, for reasons given by the court
IN Its opinion in that case. Judgment of the
supreme court of Illinois is att med.