130 THE GRANGER MOVEMENT 



There seemed to be considerable doubt among the members of 

 the convention as to the meaning and probable effect of the first 

 part of this section, and some apparently expected it to force 

 the railroads to open their tracks to anyone who might propose 

 to run trains upon them, 1 a solution of the problem which was 

 frequently proposed. 2 The second part of the section contains 

 one of the famous mandatory provisions of this constitution, 

 for the enforcement of which no other means was provided than 

 the oath of members of the legislature to obey the constitution. 



Section 15. The General Assembly shall pass laws to correct abuses 

 and to prevent unjust discrimination and extortion in the rates of freight 

 and passenger tariffs on the different railroads in this state, and enforce 

 such laws by adequate penalties, to the extent, if necessary for that purpose, 

 of forfeiture of their property and franchises. 



This section was introduced as an amendment during the debate, 

 and was adopted by the closest vote of any of the railroad sec- 

 tions. It appears to have been designed as something to fall back 

 upon in case the courts should prevent the operation of the last 

 part of section i2. 3 



Another subject upon which advanced ground was taken by 

 the Illinois constitution of 1870 and one which came to be closely 

 connected with the regulation of railroads, was the control to 

 be exercised by the state over public elevators or warehouses 

 for the storage of grain. As far back as 1867, the general assem- 

 bly had enacted a law regulating warehousemen, which laid 

 down rules for the inspection of grain and provided that all 

 public warehousemen should publish their rates on the second 

 Monday in each year, which rates should not be changed during 

 the year to the injury of any customer. Discrimination in 

 rates between grain received over different railroads was pro- 

 hibited, and railroad companies were forbidden to deliver grain 

 to any warehouse other than that to which it had been consigned, 

 without the consent of the owner or consignee. By other 



^Debates, ii. 1646, 1715. 



2 By Governor Palmer, for example, in his letter to the Producers' Convention 

 at Bloomington. Prairie Farmer, xli. 130 (April 30, 1870). 



3 Debates, ii. 1722. 



