The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1883-05-12
IMPORTANT RAILROAD DECISION.

One of the most important railroad deCl-
sions ever rendered IN this country was an
nounced IN the Supreme Court of the Uni.
ted States at Washington on Monday, 1t
IS the final decision in the famous "Gran =
ger case" of RuggIes v. Tile People Of the
State Of Illinois. The litigation arose over
the payment Of tc0 cents, but the end of it
involves millions Of dollars, The facts
were briefly these:
On the 18th of March 1873 Morgan A
Lewis, a passenger on train OF the Chi
cago, Burlington & Quincy Railroad Com
pany, rendered Neal Ruggles, a conductor
of that company, IS cents as fare for his
transportation from Buda TO Neponset, a
distance of SIX miles. This was at the
maximum rate OF three cents per mile pre-.
scribed by the statute of Illinois then in
force. The conductor demanded 90 cents,
which was the fare fixed by the railroad
company. Lewis refused to pay more
than Is, and the conductor thereupon at
temrted to eject him from the car. For
tins act the conductor was prosecuted be
fore a Justice of the Peace upon Il charge
of assault and battery, and was fined $40
and costs. The case was thea earned up
through the state courts by Successive ap-
peals, the railroad company sustaining the
conductor and raising the question OF the
right Of the State to interfere with It's bust
ness by fixing rates o. fare and transporta-
ton. \ decision was finally rendered In
favor of the State bylts highest court The
railroad company thereupon appealed 10
the Supreme Court of the United States,
upon the ground that the act OF the Gen
eral Assembly Of Illinois Of April 10, 1871
fixing maximum rate Of charges tor the
transportation of passengers on railroads
in the State was unconstitutional and yold
because II impaired the obligation OF the
contract contained in the charters OF the
various companies which were merged In
to the Chicago, Burlington & Quincy Rail
road Company by consolidation. This
court holds
/. That grants of immunity from legitl'
mate governmental control are never to be
presumed. On the contrary, the presump-
tons are all the other way, and unless an
exemption is clearly established the Legs
lature Is free to act on all subjects within
its general jurisdiction as public interests
NAV seem to require. A State may limit
the amount OF charges by railroad compa,
mes for fares and frelghts unless restrained
by some contract in the charter.
p. That IN the present case there is nc
such restraint The State, II is true, has
given the Board of Directors of the rail-
road company the power to establish such
rates of tolls for conveyance of persons OF
property as they shall from time 10 time
by their bylaws determlne;" but such by
laws must not be repugnant TO the Constr
tuition aud laws of the State. Ii the stale
had not the legislative power to regulate
the charges OF carriers tor hire the case
would be different; but that case has been
settled, and the amended charter when
this company secured from the Legislature
must be construed IN the light of that es
tablished power. The judgment of the
Supreme Court OF Illinois Is affirmed with
costs. Opinion by Chief-Jushce Waite
Justice Harlan concurs IN the judgment,
but not in the opinion. Justice Blatchiord
did not sit In the case.