298 THE GROUNDSWELL. 



famous Dartmouth College decision was principally re 

 lied on. 



3d. Charging a greater compensation for transporting 

 persons and property a shorter distance than for a longer 

 one is not necessarily unreasonable or an unjust discrimi 

 nation. In support of this, it was alleged that in the case in 

 dispute the toll to Lexington was reasonable, and that the 

 toll to Bloomington was too low, but that no one was injured 

 thereby save the company. Examples were given of many 

 cases before the English courts where companies had been 

 upheld in similar cases. 



4th. The judicial department of the government has the 

 sole authority to determine between the public and the 

 appellant what rates are reasonable and what are unreason 

 able, and what discriminations are just and what are unjust. 



5th. The power of the General Assembly to pass all such 

 laws as are necessary to promote the health, safety, morals, 

 good order, and general welfare of the inhabitants of the 

 State, did not authorize the passage of the Act of April 7, 

 1871. 



DECISION OF THE SUPREME COURT THE LAW UNCON 

 STITUTIONAL. 



In rendering its decision, the Supreme Court first quoted 

 from the constitution of the State of Illinois, as follows : 



&quot; The General Assembly shall pass laws to correct abuses and pre 

 vent unjust discrimination and extortion in the rate of freight and 

 passenger tariffs on the different roads in this State, and enforce such 

 laws by adequate penalties, to the extent, if necessary for that pur* 

 pose, of forfeiture of their property and franchises.&quot; Art. XI., 

 Sec. 15. 



The court argued that the discrimination forbidden by the 

 common law, and by the constitutional enactment in accord- 



