CURBING THE RAILROADS 49 



of unjust discrimination. The railroads were thus 

 permitted to adduce evidence to show that the dis- 

 crimination was justified, but the act expressly 

 stated that the existence of competition at some 

 points and its nonexistence at others should not be 

 deemed a sufficient justification of discrimination. 

 In order to prevent the roads from raising all rates 

 to the level of the highest instead of lowering them 

 to the level of the lowest, the commissioners were 

 directed to establish a schedule of maximum rates; 

 and the charging of rates higher than these by any 

 company after January 15, 1874, was to be con- 

 sidered prima facie evidence of extortion. Other 

 provisions increased the penalties for violations 

 and strengthened the enforcing powers of the com- 

 mission in other ways. This act was roundly de- 

 nounced at the time, especially in the East, as an 

 attempt at confiscation, and the railroad companies 

 refused to obey it for several years ; but ultimately 

 it stood the test of the courts and became the per- 

 manent basis of railroad regulation in Illinois and 

 the model for the solution of this problem in many 

 other States. 



The first Granger law of Minnesota, enacted in 

 1871, established fixed schedules for both passen- 

 gers and freight, while another act of the same year 



