ILLINOIS. 



365 



without permitting it to prove its innocence; 

 and that the penalty was excessive and vin- 

 dictive. Said Chief-Justice Lawrence: "The 

 opinion of the court is that, while the Legis- 

 lature has an unquestionable power to prohibit 

 unjust discrimination in railway-freights, no 

 prosecution can be maintained under the exist- 

 ing act until amended, because it does not pro- 

 hibit unjust discrimination merely, but discrim- 

 ination of any character, and because it does 

 not allow the companies to explain the reason 

 of the discrimination, but forfeits their fran- 

 chise upon an arbitrary and conclusive pre- 

 sumption of guilt to bo drawn from the proof 

 of an act that might be shown to be perfectly 

 innocent. In tln.-se particulars tho existing act 

 violates the spirit of the State constitution." 

 This decision, which was an apparent victory 

 for the railroads, did not deny the fundamen- 

 tal principles claimed by their opponents; for 

 the court plainly intimated that the railroad 

 corporations had no " vested rights ; " that 

 they were the creatures of, and subject to, the 

 control and regulation of the State, and that 

 all that was necessary to enable tho Legisla- 

 ture rightfully to regulate the freight and pas- 

 senger charges made by the railroad compa- 

 nies was an amended law for that purpose, so 

 framed as to conform to the provision in the 

 constitution of 1870. 



After much discussion, both in and out of 

 the Legislature, the new " Railroad Bill " passed 

 the General Assembly May 1, 1873, and was 

 approved the following day, under the title 

 " An act to prevent extortion and unjust dis- 

 crimination in the rates charged for the trans- 

 portation of passengers and freights on ruil- 

 nia'lt in this State, and to punish the same 

 and prescribe a mode of procedure, and rules 

 of evidence in relation thereto, and to repeal " 

 the railroad law of 1871. As this was the 

 most important act of the Legislature during 

 the year, and will doubtless be the subject of no 

 little public discussion and litigation, tho more 

 important sections of the bill are given in full : 



SECTIOJC 1. Jit it enacted by the People of the State 

 of Ittinou, Rfprttfntf.il in tht General Auembly, If 

 any railroad corporation, organized or doing busi- 

 ness in this State under any act of incorporation, 

 or general law of this State, now in force or which 

 may hereafter be enacted, or any railroad corporation 

 or_r;inized or which may hereafter bo organized under 

 the lows of anv other State, and doing business in 

 this State, shall charge, collect, demand, or receive 

 more than a fair and reasonable rate of toll or com- 

 pensation, for the transportation of passengers or 

 freight, of any description, or for the use and trans- 

 portation of any railroad-car npon its track, or any 

 of the branches thereof, or upon any railroad within 

 this State which it has the right, license, or permis- 

 sion to use, operate, or control, the same shall be 

 deemed guilty of extortion, and upon conviction 

 thereof shall be dealt with as hereinafter provided. 



810. 2. If any such railroad corporation aforesaid 

 shall make any unjust discrimination in its rates or 

 charges of toll, or compensation, for the transporta- 

 tion of passengers or freight of any description, or 

 fir tlio me and transportation of any railroad-car 

 upon its said road, or upon any of the branches 

 thereof, or upon any railroads connected therewith, 

 which it has the right, license, or permission to oper- 



ate, control, or use, within this State, the same shall 

 be deemed guilty of having violated the provisions 

 of this act, and upon conviction thereof shall be 

 dealt with as hereinafter provided. 



SEC. 3. If any such railroad corporation shall 

 charge, collect, or receive for the transportation of 

 any passenger, or freight of any decription, upon its 

 rail road, tor any distance, within this State, the same, ,- 

 or a greater amount of toll or compensation than is 

 at the same time charged, collected, or received for 

 the transportation, in the same direction, of any pas- 

 senger, or like quantity of freight of the same class, 

 over a greater distance of the same railroad ; or if it 

 shall charge, collect, or receive, at any point upon its 

 railroad, a higher rate of toll or compensation for 

 receiving, handling, or delivering freight of the same 

 class and like quantity, than it shall, at the same 

 time, charge, collect, or receive at any other point 

 upon the same railroad ; or if it shall charge, collect, 

 or receive for the transportation of any passenger, or 

 freight of any description, over its railroad, a greater 

 amount as toll or compensation than shall, at the 

 same time, be charged, collected, or received by it 

 for the transportation of any passenger, or like quan- 

 tity of freight of the same class, being transported 

 in the same direction, over any portion of the same 

 railroad, of equal distance; or if it shall charge, 

 collect, or receive from any person or persons, a 

 higher or greater amount of toll or compensation 

 than it shall, at the same time, charge, collect, or 

 receive from any other person or persons for receiv- 

 ing, handling, or delivering freight of the same class 

 and like quantity, at the same point upon its rail- 

 road ; or if it shall charge, collect, or receive from 

 any person or persons, for the transportation of any 

 freight upon its railroad, a higher or greater rate of 

 toll or compensation than it shall, at the same time, 

 charge, collect, or receive from any other person or 

 persons, for tho transportation of the like quantity 

 of freight of tho same class, being transported from 

 the same point, in the some direction, over equal 

 distances of tho same railroad; or if it shall charge, 

 collect, or receive from any person or persons, for 

 the use and transportation of any railroad car or cars 

 upon its railroad, for any distance, the same or a 

 greater nmount of toll or compensation than is"at tho 

 same tune charged, collected, or received from any 

 other person or persons, for tho use and transporta- 

 tion of any railroad car of tho same class or number, 

 for a like purpose, being transported in the same di- 

 rection, over a greater distance of the same railroad ; 

 or if it shall charge, collect, or receive from any per- 

 son or persons, for the use and transportation of any 

 railroad car or cars upon its railroad, a higher or 

 greater rate of toll or compensation than it shall, at 

 the same time, charge, collect, or receive from any 

 other person or persons, for the use and transporta- 

 tion of any railroad car or cars of the same class or 

 number, for a like purpose, being transported from 

 the same point, in the same direction, over nn equal 

 distance of tho same railroad ; all such discriminat- 

 ing rates, charges, collections or receipts, whether 

 made directly, or by means of any rebate, drawback,^ 

 or other shift or evasion, shall be deemed and taken, i 

 against such railroad corporation, as prima-facie evi- i 

 dence of the unjust discriminations prohibited by I 

 tho provisions of this act, and it shall not be deemed j 

 a sufficient excuse or justification of such discrimina- 

 tions on the part of such railroad corporation, that 

 the railway station or point at which it shall charge, 

 collect, or receive the same or less rates of toll or 

 compensation, for the transportation of such pas- 

 senger or freight, or for the use and transportation 

 of sueh railroad-car the. greater distance, than for the 

 shorter distance, is a railway station or point at 

 which there exists competition with anr other rail- 

 road or means of transportation. This section shall 

 not be construed so as to exclude other evidence 

 tending to show any unjust discrimination in freight 

 and passenger rates. The provisions of this section 

 shall extend and apply to any railroad, the branches 



