136 THE GRANGER MOVEMENT 



not to exceed one thousand dollars, in an action of debt by the 

 party aggrieved, and also for forfeiture of franchises for wilful 

 violation; the corporation to be proceeded against by the state's 

 attorneys in any circuit or county through which the road 

 should run, by writ of scire facias or quo warranto. 1 The act 

 establishing maximum passenger fares also provided for the 

 recovery of a penalty for violation by the party aggrieved, in 

 this case not to exceed five hundred dollars and costs; but only 

 after final judgment had been recovered a fifth time were the 

 state's attorneys authorized to proceed by quo warranto for 

 forfeiture of franchise. 2 The act establishing the board of 

 commissioners made it the duty of the board to enforce the 

 railroad laws of the state, but no definite procedure was laid 

 down except in the case of a company failing to make the report 

 required by the law. 3 The provisions for the enforcement of 

 the act regulating warehouses were also inadequate. 



ATTEMPTS TO ENFORCE THE LEGISLATION OF 1871 



The first step toward carrying out this elaborate and radical 

 program of railroad control was the appointment by Governor 

 Palmer of the members of the new board of railroad and ware- 

 house commissioners on July 3, 1871. They were Gustav 

 Koerner of St. Clair County, Richard P. Morgan, Jr., of McLean 

 County, and David S. Hammond of Cook County. In the 

 message transmitting these names to the Senate for confirmation, 

 at the adjourned session of the general assembly, the governor 

 stated that the choice of these men had been influenced " by a 

 desire to combine in the board the requisite experience drawn 

 from different pursuits and from different parts of the state." 4 

 The work of these men, under unusual difficulties, would seem 

 to indicate that they were as competent as any who were avail- 

 able, but there was some dissatisfaction over the appointments 

 among the farmers, if the Prairie Farmer can be taken as repre- 



1 Section 5. 8 Sections 5, 6. 



3 Sections 11-16. 



4 Senate Journal, 1871, ii. 5; Gordon, Illinois Railway Legislation, 30; Moses, 

 Illinois, ii. 809, 1059. 





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