The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1883-05-17
GRANGER laws sUsrA1NnD.

GRANGER LAWS SUSTAINED.
Tho Supreme Court OF tho Unitod
States Decides . Very Important
Case and Gives the Railroads Sc.
we're Knockdown.
WAsH1NaToN, Special Telegram, Nav -
The supreme court to-day decided the cases
II The State Of Illinois va The Illinois Central
snd The Chicago, Burlington 4 Quincy roads.
Seldom have railroads received such
) knock-down blow from the courts.
The chief justice delivered the opinion
In each case which was unanimous and sus-
hined the granger laws to their fullest ex-
lent 1t was decided that the legislature has
the power in al cases to regulate both freight
and passenger charges without reference tho
roads char ter.
The case arises out Of the facts below Get
forth:
On the 18th Of March, 1873, Morgan A.
Lewis, passenger on train OF the Chicago.
Burlington b Quincy railroad, rendered Neal
kngsles. = conductor Of that company, 18
Buda to Neponset, distance Of six miles.
This was . maximum rate OF 8 cents per
mile, as prescribed by the statute OF Illinois
then in force. The conductor demautle
20 cents, which was the fare fixed by the
toiA Oou COWp0uy ASWIo Ic1u9ou 10 O8V moro
Than eirhteen, and the conductor thereupon
attempted to eject him from the cars For
ti,is act the conductor was prosecuted before q
Justice Of tho peace upon the charge Of
assault and battery and fined $40 apd
costs cost Inc case j.. was then car
BY successive appeals, tie railroad COMPANY op
sustaining the conductor and raieing the Dues
| lion of the right OF the State to interfere with
its business BY fixing rate Of fare aud trans
portation decision was finally rendered in
favor Of the State BY its highest court. The
!o The supreme court Of the p United
States upon the ground that the act
Of tho general assembly Of Illinois
Of April 10 and II fixing the maximum rate
Of charges for tue transportation Of passengers
on the railroad in the State was unconssitu.
Of the contract contained in the charters Of the
various companies which were merged iuto the
Chicago, Burlington e. Quincy Railroad COM
pany by the consolidation This court holds:
First-That the grants Of immunity from legiti-
mate governmental contract are never to be pre-.
al the other way. and unless the exemption II
clearly established; the legislature Is free to ac
on all subjects within its genera
require: State R Dsss limit interests 'Ss
charges by the railroad companies for fares and
freights unless restrained by some contract in the
/ Cu0TcEs 4u0t III tu0 present C83(
there is no such restraint. The State
IT is true. has given the board O.
directors OF the railroad company the power t.
and property as they shall from time to time b.
their bylaws determine. but such bylaw
must hot be repugnant to the consti
tuition and laws of the State, If til,
State had not legislative power t,
regulate charges OF carriers for hire the case
would be different, but that question has
been se't'ed and amended. and the char.
ter which this company secured from
the legislature must DO construed in
light that established power The judgment of thu
| supreme court Of Illinois is affirmed with costs
Opinion by Chief Justice Waite. Justice Harlan
concurs in judgment, but not in opinion. Justic'
Blatchford did not site in case 4 decision wa
also rendered by court, in case o
Illinois Central Railroad company, in error agains
people of the State Of Illinois. which involves pre-
cisely the same questions which were presented II
In Its opinion in that case. Judgment Of tn
supreme court Of 1lihois 10 affirmed