RAILWAY LEGISLATION 151 



judgment of the lower court reversed, and the case remanded 

 because of an error in pleading. The various decisions and 

 dissenting opinions of the different members of the supreme 

 court upon this case showed clearly that a majority of the court 

 were ready to uphold the constitutionality of the law; but an 

 authoritative and explicit decision on that point was prevented 

 by a technicality. As the pleading had been the same in the 

 other cases pending before the supreme and circuit courts, it 

 was necessary to remand the former and to amend the declara- 

 tions in the latter. 1 



One of the cases against the Illinois Central railroad involved 

 unjust discrimination in charges for delivering grain upon the 

 track. This case was tried in the Alexander County circuit 

 court in January, 1874, and resulted in a judgment for one 

 thousand dollars and costs against the defendant. The fine 

 was paid and this proceeding practically put an end to the 

 practice, previously in vogue, of charging six dollars more per 

 carload for hauling grain when delivered upon the track than 

 when delivered to the elevators. 2 



Another suit, brought against the Ulinois Central in Douglas 

 County for extortion, was based on the charging of a higher 

 rate than that fixed by the schedule prepared by the commission. 

 Judgment was rendered by the circuit court against the company 

 and the case appealed to the supreme court, where it was the 

 first case to bring about an explicit decision upon the con- 

 stitutionality of the law of 1873. This case was tried in the 

 circuit court in January, 1875, but its decision by the supreme 

 court was delayed year after year to await decisions of the 

 United States Supreme Court, or for other reasons. Finally 

 in June, 1880, a decision was handed down which fully confirmed 

 the constitutionality of the law of 1873, and the right of the 

 state to prevent unjust discrimination and extortion, even 

 when the charter of the railroad company expressly conferred 



1 77 Illinois, 443. Railroad Commission, Reports, 1874, pp. 11-13, 1875, pp. 

 15-18, 40-44- The error in pleading consisted of the plaintiff's failing to aver the 

 establishment of a schedule of maximum rates by the commission. 



2 Railroad Commission, Reports, 1875, p. 17. 



