BOO THE 



natural persons ; but artificial persons must be permitted to invoke 

 the spirit of justice which prompted them, so far as may be neces 

 sary to protect their property and franchises against the operation 

 of a law that substantially condemns without a trial. 



* * * * * * * 



The opinion of the court is, that while the Legislature has an 

 unquestionable power to prohibit unjust discrimination in railway 

 freights, no prosecution can be maintained under the existing act 

 until amended ; because it does not prohibit unjust discriminations 

 merely, but discrimination of any character, and because it does not 

 allow the companies to explain the reason of the discrimination, but 

 forfeits their franchise upon an arbitrary and conclusive presumption 

 of guilt, to be drawn from the proof of an act that might be shown 

 to be perfectly innocent. In these particulars, the existing act vio 

 lates the spirit of the constitution. 



The judgment of the Circuit Court, ousting the appellant of its 

 franchises, must therefore be reversed. 



The court advised further, that before this act could be 

 enforced it must be so amended as to correspond with the 

 requirements of the constitution, by directing its prohibition 

 against unjust discriminations. The court did not question 

 the power of the State to regulate railway rates ; and ; fur 

 thermore, it expressed an opinion as to what is or is not a 

 discrimination, which is of much importance : 



If a farmer, living three miles from the Springfield station, upon 

 this company s road, is charged fifteen cents per bushel for shipping 

 his corn to Chicago, is it just that a farmer living twenty miles nearer 

 Chicago should be charged a higher sum ? Certainly not, unless the 

 railroad company can show a peculiar state of affairs to justify the 

 discrimination, and this must be something more than the mere fact 

 that there are competing lines at one point, and not at the other. 

 The discrimination, in such a case, is as much a discrimination between 

 Individuals as it would be in reference to two persons living in the 

 same locality, and shipping at the same station, unless, as before 

 stated, a satisfactory reason can be given for discrimination between 

 the points of shipment; and such a reason, in the case supposed, it is 

 not very easy to conceive. * * * * * * * 



