142 THE GRANGER MOVEMENT 



This decision was felt to be a great victory for the people 

 in their struggle with the railroads, but the elation did not last 

 long. The case was at once appealed to the supreme court of 

 the state and heard in the January term, 1873. A unanimous 

 decision of the court, written by Chief- Justice Lawrence, reversed 

 the decision of the circuit court, and declared the law of 1871 

 to be in conflict, not with the constitution of the United States, 

 but with the state constitution, in accordance with the manda- 

 tory provisions of which it was supposed to have been adopted. 

 This decision was extremely important in that it laid the basis 

 for the railroad legislation of 1873. Its substance is embraced 

 in the concluding summary: 



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

 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 discrimination 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. 1 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. 



In the course of the opinion, Judge Lawrence took exception 

 to much of the argument of the attorneys for the railway com- 

 pany. He declared that a less charge for a long than for a 

 shorter distance should be prima fade but not conclusive evi- 

 dence of unjust discrimination, and that the existence of com- 

 petition at one point was not sufficient to justify discrimination. 

 This dictum was an indication of the attitude which the courts 

 would take in the struggle over the law of 



also Gordon, Illinois Railway Legislation, 36-38; Prairie Farmer, xliii. 369, 388 

 (November 23, December 7, 1872). 



1 This point does not seem to have been touched upon by the attorneys for the 

 railroad company. The arguments on both sides were very similar to those pre- 

 sented to the circuit court. 



2 67 Illinois, ii. The arguments and decision of this case are given in full in 

 Railroad Commission, Reports, 1873, pp. 46-159. See also Chicago Tribune, 1873, 

 February 24, p. i, February 25, p. 4; Prairie Farmer, xliv. 57, 65 (February 22, 

 March i, 1873); Gordon, Illinois Railway Legislation, 39; Railroad Commission, 

 Reports, 1873, p. 17; and Governor Cullom, in ibid., 1879, P- 266. 



