THE AEGtTMENt Otf THE APPEAL. 297 



Convention, where news of the occurrence had preceded 

 them, they were met by a band of music, and were the lions 

 of the day. 



Other cases were less creditable to the persons concerned. 

 Some hotspurs, having tendered the fare fixed by law, re 

 fused either to be ejected from the train, or to pay the extra 

 money, producing revolvers and knives in support of the 

 legality of their proceedings. It is due to the farmers to 

 say that this high-handed way of settling the difficulty was 

 almost unanimously condemned. It was universally con 

 ceded among all intelligent men that riding for three cents 

 a mile, behind a knife or revolver, proved nothing. One 

 case of this sort went to trial. An Illinois Central Bailroad 

 conductor was arrested and fined for putting a farmer off 

 his train who would not &quot; come down &quot; with more than 

 three cents. The decision was against the company, which 

 again immediately appealed. Of course, it went by the 

 board, when the law under which it was made was, shortly 

 afterward, declared unconstitutional. 



THE ARGUMENT ON THE APPEAL. 



The appeal of the Chicago & Alton Eailroad Company from 

 Judge Tipton s decision came before the Supreme Court of 

 Illinois in the January term of 1873. The case for the appel 

 lant (the company) was prepared with great ability, and set 

 forth the reasons why the Illinois law was unconstitutional, 

 basing them upon the following facts : 



1st. The company was especially authorized by law to 

 charge such rates of toll as its President and Directors 

 should from time to time establish. 



2d. The said authority to charge toll was a contract be 

 tween the State and the appellant ; in support of which the, 

 13* 



