The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1883-05-18
GRANGER LAWS SUSTAINED.
The Supreme Court OF the United
States Decides . Very Important
Case and Gives the Railroads Sc
we're KnookdoWn. y

The Supreme Court Of the United
States Decides Very Important
Case and Gives the Railroads Se-
we're Knockdown.
WARRINGTON, Special Telegram, May r.
The supreme court to-day decided the cases
# The State of Illinois vs. The Illinois Central
.nd The Chicago, Burlington l. Quincy roads.
seldom have railroads received such
! knock-down blow from the courts.
The chief justice delivered tho opinion
IN each case which was unanimous and sus-
aimed tho granger laws to thoir fullest ex-
ent 1t was decided that tho legislature has
the power in all cases to regulate both freight
lnd passenger charges without reference the
;oad's char ter.
Tho case arises out of the facts below sci
forth:
On the 18th Of March, 1873, Morgan A.
Lewis, q passenger on a train of tho Chicago,
Burlington 4 Quincy railroad, rendered Neal
RuScles, a conductor Of that company, IL
cents as fare for his transportation from
Buda to Neponset, a distance of six miles
This was q maximum rate Of 8 cents per
,hen in force Tho conductor demanded
20 cents, which was the fare fixed by the
| railroad company. Lewis refused to pay moro
Than eighteen, and the conductor thoreupon
attempted to eject him from the cars. Fo,
This act the conductor was prosecuted before 9
assault and battery and fined $40 and
ss up Inc through Hss' the State n'n courts Ss
BY successive appeals, the railroad company
| sustaining the conductor aud raising the ques-
lion of the right of the State to interfere with
| its business BY fixing rate of fare aud trans
portaton. A decision was finally rendered il
favor Of the State by its highest court The
| railroad company thereu- appealed
10 the supreme court of tho United
States upon the ground that the &C
Of the general assembly Of Hin oit
Of April Is and II fixing the maximum rate
IF charges for the transportation of passenger;
IN tho railroad in the State was unconstitu
| tioual and void because it implied an obligation
Of the contract contained in tho charters Of the
various companies which were merged iuto the
| Chicago, Burlington & Quincy Railroad COM
pauy by the consolidation. This court holds
First-That the grants of immunity from lcgiti
| mate governmental contract are never to be pre-
sumed on On the contrary. the ,presumptions arr
clearly established; the legislature is free to &C
to ssaurs State s limit the smouns
charges by, the railroad companies for fares ant
S bs5er rh saeb in restraint, hs Tsa ss
| II Is true, has given the board o
| directors of the railroad company the power t
establish rates of toll for conveyance of person
and property as they shall from time to time b.
their bylaws determine, but such bylaw
| must not be repugnant to the consti
tuition and laws of the State, If th
State had not. legislative power t
| regulate charges Of carriers for hire the case
! would be dlnerent, but that question hal
been settled and amended. and the char
! ter which this company secured from
the Legislature must be construed ii
light that established power The Judgment of tn
| supreme court Of Illinois is affirmed with costs
| Opinion by Chief Justice Waite. Justice Harlal
Blatchford did not site in case decision wa
also rendered by court, in case Q
Illinois Central Railroad company, in error, aeaina
cisely the same questions wh:;h .arp presented i
the preceding case. for rsasona .ivoG nl the coul
In its opinion in that case. Judsmen, of tn
supreme court of Illinois is affirmed.