The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-05-08
1t Afiirms the Right of a State to Regulate
Rates of Fare and Freight-Howgate's
Cases Disposed Of
MIR. Bliss Manages to Put in Another
Day of Star-Route Talk.
Murch Not Yet Ready to Go on Investigat-
ing Hill-The Railroad Transportation
Question Not Yet Decided.
SUPREME COURT DECISIONS.
Right of State to Regulate Fares and
Freight Charges Affirmed.

WASHINGTON, May IA decision was
rendered in the Supreme Court in the
so-called Granger case of Neal Ruggles,
plaintiff, in error, against the people of
the State of Illinois, This case
arises out of the facts below set forth. On
the 18th of March, 1873, Morgan A. Lewis,
passenger on a train of the Chicago, Burling-
ton d Quincy Railway Company, rendered
Neal Ruggles, conductor of that company,
eighteen cents as fare for his transportation
from RudAto Neponset, a distance of six
miles. This was at the maximum rate of
three cents per mile prescribed by the statute
OF Illinois, then in force. The conductor de-
manded twenty cents, which was the fare
fixed by the railway company. Lewis re-
fused to pay more than eighteen, and the
conductor thereupon attempted to eject him
from the car. For this act the
conductor was prosecuted before
justice of the peace, upon a charge of
assault and battery, and fined $40 and costs.
The case was then carried up through the
State courts, by successive appeals the rail
road company sustaining the conductor and
raising the question of the right of the State
OF fare and transportation. decision was
finally rendered in favor of the State by its
highest court, and the railroad company
then appealed to the Supreme Court of the
United States, upon the ground that the act
of the General Assembly of Illinois of April
10, 1871, fixing a maximum rate of charges
for the transportation of passengers on rail
roads in the State was unconstitutional and
void because it impaired the obligation of
contract contained in the charters of the
| various companies which were merged into
| the c., B. & O. Railway Company by
consolidation. This court holds, first, that
grants of immunity from legitimate govern
mental control are never to be presumed o..
me contrary the presumptions are all the
other way and unless exemption is clearly
| established, the Legislature is free to act on
all subjects within its general jurisdiction as
the public interests may seem to require.
| A State may limit the amount of charges by
| railway companies for fares and freights un-
| less restrained by some contract in the
charter. Second, that in the present case
| there is no such restraint. The State, it is
true has given the board of directors
| OF the railroad company the "power
to establish such rates of tolls for the
conveyance of persons or property as they
shall, from time to time, by their bylaws de-
term!ne," but such bylaws must not be re-
/ pugnant to the constitution and laws of the
State. If the State had not legislative power
the case would be different but that question
has been settled and the amended charter
which this company secured from the Legs-
lature must be construed in the light that
established the power. The judgment of the
Supreme Court of Illinois is affirmed with
costs. Opinion by Chief Justice Waite
Justice Harlan concurs in the judgment, but
not in the opinion. Justice Blatchford did
not sit in the case.
decision was also rendered by the court
in the case of the Illinois Central Railroad
Company, plaintiffin error, against the peo-
pie of the State of Illinois, which involves
precisely the same questions which were pre-
sented in the preceding case For the rea-
sons given by the court in its opinion in that
case the judgment of the Supreme Court of
Illinois is affirmed.
decision was also rendered by the court
in the patent case of Robert L. Downton, ap-
pellant, against the Yeager Milling COMPANY.
which involves the question of validity of a
patent on what is known as the new process
for making -four by crushing the grain be-
tween rollers. The court holds that the pat
ent is void for want of novelty, the process
which appellant claims as his invention hav-
ing been clearly described as early as 1S47
in publication called "The Anglo Dav
American and Swiss Science of Milling" by
Christian Wilhelm Fritzch, of Leipsic, The
DEGREES OF the Circuit Court dismissing the
bill is affirmed. After reading opinions in a
large number oil cases, most OF which, how
ever, involved only questions of local or pri-
vate interest, the court adjourned for the
term.
The HOwgate Gases in the District Court
WASHINGTON, May The court in banc,
through Chief Justice Cartier, delivered de-
cison in two of the Howgate cases. In the
first case, where property had been attached
by the government which, it was alleged,
had been sold by Howgate to other parties,
although the deed was not recorded, the
court decided adversely to the government
and dismissed the attachment The second
case was an appeal from an adverse decision
of the lower court where defendant had re-
sisted an attachment of his property by the
government because action had been brought
by special counsel instead of the United
States District Attorney. The appeal was
dismissed and the decision holds that the
United States has q Legal rinht To an,.,lo,-