Chicago Daily Tribune Newspaper, January 7, 1874, Page 2

THE CHICAGO DAILY TRIBUNE: WEDNESDAY, ANUARY $AILROAD & WAREHOUSE COBAME 10N Chird Annual Report---For the Year Ending Nov. 30, 1873, state and County Aid to Railroads--- Their Public Character. Railway, Taxation --- Competition.--Pre- vention of Unjust Discrimination. teasonable Maximom Rates---Preparation of Schedules and Classification of Freight. ‘RATEROAD AXD_WAREROUSE COM- O T Bomvoran, T Det 1,155 § To Fis Excellensy John L. Beceridze, Gorernor of Illinois » In submitting our report of ofticial action during tbe past sear, we foel greatly embarrassed by the loss of -cne of our number by death. Col IL D. Cook, Chairman uf our Board, died Nov. 9, 187, To his ezrnest care and attention, coupled with =ffability of manrer, igtegrity, and nntiring encrgy, we have been greatly indebted, and Lis loss, at this time, is decply We hevo desated considersble time to the Inspect don and Feglstration Departments, and tho system of warelousing ia the Ciiy of Chicago. Znstated in a former Teport, the proprietors of all ihie warehouses of Class “A” stlll refuse to take out ticenses and Tegulate thalr charges according to law. Tie test case argued before (he Supreme Court st the September term, 1872, was sgain, by order of the Court, argued at Ottaws, in September last, but no de- cision hus yet been promulgated. Should the Cour- £astein the law, wo feel sure that no difficulty would s found in enforcing such regulations as tha safety of the pubic demands. Fora full account of the doings of the Inspection :nd Begistration Departments, your atteation s re- spectfuliy called 1o tie reports of W. H. Harper, Chiel Tusostor, and 5. Claty, Registrar, hereto' appended, and marked respectively #A”znd “B.” It s proper tocay, that about the middle of September List we received reports of, so-called, * irregularitics ” on the part of some of the warchousemen of the City of Chi- cago. Action was immediately taken to ascertain tha facts and provide a remedy. The facts, 60 faras tearzed, seem to present cascs of violation of law, bu tho prompness of dstection, through the system of roporiz now in use, shows that but little wrong could e don before the whola facts would ecome patent, acd thus any serious mischlef prevented. Wedo not thiok ihot the confidence of the public in * warehouse Tecaipls ™ han been, in the least, ipterrupted by the Aforesaid “ frregularitied ;7 Set, we feel sure that the aw, once sustained by the Courts, will be ample to prevent muy sitempts at froud, by rendering their ction speedy and sure, Tug practical operation of the amendmeut to the Warchouse law, sdopted in April lust, providing for an sproal committee, bas boen of great adsantage to the [osjicction Department ‘in the Ciiy of Chicigo, On e 1st @7 of July weappointed Messrs, . C. Bannes, I. R. Densley, ond John P. Resnolda such Comuittee 0 Apresis, snd on the 9th of Septemoer T. T. Gur- cey, Es0., wos appolnted to fll vzcancy occasioned by the resignation of r. Banney. These gentlomen have all readered efficlent service, and have been of great advantage to the business men in city and country, £ 1y sustainitg the wisdom of tho lsw providing for theic aprointment. Altbough tho number of appeals takcu may appear insignificant i comparison to the whale amount of inspection, yet this is by no means themeasure of the good accomplisaed by their labor. Each decision of the Committeo i rocoived by all par~ tics in‘erested ns authority, snd tends %0 render uni- fcrm the systom of inspection throughout the city. STATE AND COUNTY AID TO RATLEOADS. Deeming it a matter of public interest, and unable 4 zeca:tain in any other way, we prepared and issued 4 circular addressed to tho Coualy Clesk of every county fn the State, asking a ftatement of tho amount ¢ 5id voled nd issued fo any railroad compiny. ingwers have been received from elghty-riz countier, d from them we learn that aid {n tie shape of bonds s2d money have been voted and fsvued to the amount f £.6,058,027. And wo feel confident that f the re- £3rus were camplets the 3bava sum would ba largely . r.ased. - U3 the 35tk of September, by invitation of tho Uni- ted Stazes Seaute . Committee o Transportation, we wizized tko City of Chicago, sud metrald Committce. - The mesting was not & conference, but oniy intend- o, op their part, a8 & means of obtaining inforraation. Tlicir intention Was o obtal such » masa cf fucts tearn npen the great question of transportation as =il Tead to intellizent legieleti-n, Their forthcoming. epor: wali be expocied to coutain fuller stauisiics thax a8 y:t Leen before the public, Juut before our sppointment, the Supreme Court of this S*ate having vircually sct acide (he law intended 1 prevent unjust discrimin:t'on and extortion in the ztes 1o be charged. by the rullrcad companted in this State, apyroved Apil 7, 1871, a Lill wus introducod ~d finally Lecame s law, Baviog the rame object wiview, Said act, approved May 2, 1813, in force Fuly 1, 1833, catly enzaged our aticnifon. Oar nacial | duties wers thereln 6et forth, We withel fo understand the objoct snd ecoseof the law, and, inarder todaco, c: asuite) freely with tho Attorncy-General, and with the Hos. E. M. Benjamin, of MeLean Couaty, wkom e had en- &aged ss special counsel. We cudeavored to makea Preliminary examination of the reution of ratirasds to the State, 30d of the resulta of heir operation under oarestrafaed modes of menegement. This will exatle 8 the better to underrtand vnd appreciate the policy Tesontly adopted by this State ot tue supervision and oontrol of their rates of charges, ‘Aithough thelocomotivorauwsy eyrtem s thegrowth of leas than half & century, yct the railroads now in operstion in the State of *Iliinois form a network of lnes fmore than 6,430 miles in extent. Sceh, in this State alouz, hus Leen the Tepid snd almost ificredible estepsion f this syetem cf fnter-communication. PUBLIC CHARACTER OF BAILROADS, 1t 8 manifest that these lines of road, running as they do threngh private properts, could not have Leen apcned cxcept by the sathority of tbe Siate. “ Not- “withstandiug the grant to fudividuals, the highest and mest cxact idea Of property remams in the govern- ment, or In the aggregate body of the people in_ their sovereign capacity ; and they hsve a Yight to resume 1be puesession of the proper:y in the manner direoled in the Constitution axd Jaws of tbe State, wheaever the public inferest requires it.”—{Walworth, Chancel- 1or,n Beckman v. 8, & 8. Railrosd Company, 11..p. 73.] 1t 15 agrecd that private property can bo compulsorily appropriated by the public oniy fur public use. This power ta take private property for public use, apon_ Compeasation betag made, commonl called the right of eminent domain, is an Joherent attribute of sover- cignty. The State, recognizing its duty to furnish sucl means of inied-communication as would beat de- velop its_resources and bo mcst benoficial to its cilizens, has, wilh unstinted hand, spropriated, Hrough o agenciea of railroad corporations, privato Jwoperty for the road-bed of these lines of modera trausit. At first it was contended that this was not an sprropristion for public use. But the courts havo tniformly held otherwise, * Railwaya are improved ‘pablis highways"—[Suprcme Court of Tilinois in Chi- cago, Dunville & Vincennes Rillroad Company v. Smith.]_* In their very nature they are public ligh- waze. It necded mo decision of courts to mako them euch. Truc, thes must be used in s pecaliar manner 2nd under cértain restrictions, but (hey ara tacilities for passzge and transportation afforded fo the public, of which the public has 3 right fo avail teelf, . . . Tt i (he purpose and the uses of 4 work which defor= wineis character, . . . Whether tho use of a rul way 1 a public or a private one, dcpends, in no m uré, upou the question who coustructed i or who owun L. "It Lias never been considered o matter of any ime partance ihat the rosd was Luilt Ly the agency of & crivate corporation. No matier who'is the agent, tho function performed is that of the Btate, Thougl the Jwnership is private, the use {3 public. 5o turnpikes, . ferries, apd apals, although made by indi- ‘nncer public grante, or by companies, are re- 7 [Supreme Court of the + Board of Supervisors of “d::% blici _juri Jarded s publici juris. Uuited SL'A};‘ in Olcott Fund du Lac County.] “Tue putlic use, therefore, which has been held to \ustify the applicition of the doctrine of eminent Tomain, in the case of these railroads owned and 3peratcd by private individuals, consists jn_the fact Dbat the owners cannot, without rezzonable excuse, refuse to reszive and transport passengers and freighf when ofiered at usual rabs, and iz the fact that the State retains the ower to regulate and control the franchis nd it the amount of tolls which it ¢hall be Liwful for the owners to e. The 1ize consists in these facts, and thesc alone, And s a =20 may besoid to poesess and enjoy the estato of an- other, the use of which Ly that other Lo may regulate and control 0 that it thail not be turned to Lis detri- ment o disadventage; 50 also e publle through 1his reserved power of the State, inay be szid to ece3and enjoy ibe land condemiied for_use by these raliroad companies. And this is the public nse which L1s been held to justify the exercise of the power of rminent domain in_behalf of such corperations.’— iDizon, . J. fn Whiiaz v. Sheboygen Railway Company, 25 Wisconsia, 196.] And Judge Cpoley says: “I do not understand <hut the ight of emicent domain can be exercised on belaif ~f private pariies or corporations, uuless the State, in permitting it, rescrves to itself a right to su. perviee axd control the use by such regulation as sball ineare to the pubiic the benefit promised therebr, and 18 shalt preclade i purpose which the public had in v in zuthorizing theappropristion Leing defeated by partiality or unreasonsble eoifieh action on tho part of fhoee whio, smly on the ground of public convenience | and we fare, have been suffered 10 make the appro- priation,"—People v. Township Bourd of Salem, 20 JifeLfgaz, 453, Toeee sutborities clearly ehow tho inseparable rela- ticn betwecen the 1ight of eminent domein, and the Tight to supg aud control the use for which pri- Site property s taken snd appropriated by tho eser- “cise af the right of eminent dowuin. The one slways sccompanies tac other, They cannot be divorced, In cther worde, the constitutional exercise of the right of eminent domain neceseitztes the keeping of property £t public use as weli as the taking of it for such use. Tt fs sdriited by ail that the right of eminent domsin, beitg b soverelgn pover, is izalienable; and it would <eemn to folicw that the Fight to surviso and _control 1re use for which private property is. taken by virine of the sovereign Dpowar .of fhe State, Inasmuch’ as all the raflways in the State were constructod under the au- thotity of tho State and by aid of iis right of eminent domain, we conclude, in view of the hugh anthorities atove cited, und {he forco of their, Tensoning, that’ these raflwiys are public Lfghivaye, ‘and as such re subject to public_conirol. I¢ may be added that if Tailiays are not pubilc kighways, theu there sre prac- tically no public Lighways in tho countrs for the transportation of - agriculiurdl aud otber products to thie chief commerciul polnts, for railways have dwarfed ail ordinary bighways into” mere neighborhood roads used ouly for meighborhood purposes, And if raii- waya ae not subject to puLlic control, then Lie whale comuerce of tho country is practically subject to tax- ation ot the discretion of railway Directars, BAILWAY TAXATION, Tiat a arbitrary increase of the cost of traneporta- tonfsntax, in proportion as the rate chargedis unreasonabie or extortionste, 1s elearly demonstruted Tllinots ts undaubtedly as much affected by such ar- bitrary taxation upon its agricultural products as any one of the Northwestern Sates. And tho ovil is not measured by the unjustifiable inerease of the cost of traneportation 1o the seaboard. Its full proportions appear vnly when the manifold exactions on local trunsportation arv also taken into sccount. The gri- cuttural, manufacturing, and commercial interests of the State and nation aré matarially affocted by every change of the rates of charges for fransportation, Tho immense power of ruiiroad corporations, as at present managed, over all tho industrial interests of 1he country can Lardly be over-estimated, It is not our purposs to discusi the uational question_involved in the consideration of whst are called “through freigista.” But the Stata has control of its internul commerce, nd if that alone can be saved in the future {rom tuo unreasonable chargis that have been ex- torted for tue last fow years, u grievous burden will e lifted from the people. This burden difes inno esseutial particular {rom a tas, foz it isn self-ovident proposition, that every excersive charge for transpor~ tation 18 direct tax on the article carried. Vo thus have {na free country the auotaly that an arbitrary tax is Jovied upon the people by a few individuuly, amounting in the aggregate to mildons of dollurs, and collected for the sois beneflt and aggrandizemeat of private individuals by virtue of amght cluimed by them uncer their chartera, The people, uniil quito recently, were slow in realiz- ing this atartling fact, But the brobicm of reasonable Taiway trunsportation is now befoze the country, and the pevple denand its sulution. 1t msy Le profitable at this point to consider some of the more prominent, policies, methods, aud projects Telied upon and advocated by various parties as etfec- tual for the proper regulstion of railway transporta- tion. THEORY OF IXLIGHTENED VIEW OF SELF-INTEREST, 35 Lus been ciaimed that **an enlightened view of their own intoreats would siwnys com; el munagera of rallroads to have due regard to the general advautage of the public.” ‘Bus the theory meets with the objection that nearly all the abuses of raflway mansgement have grown up under this “ let alone " policy. For euimple, e the cite of digcrimination against non-:ompeting points, asststed in the frst aunual report of our predeceasors on this Commis~ sion: * Considering tuat, with most ruilroads tn our State, the local business s by far the Largest, i must e 10 thelr fnterest (o bulld up Jocal trade, sud nok to drive 1 o terminal or competing points, just as it is their true fnterest to chiarge moderately for the inter- nal traneportation of irog, coul, lumter, sud provie siors, 8o 08 to stimulate local euterprise aud stud thelr Iinee with thriving villages and towws.” Tho Railrosd Comumissioncrs of Massachuseits, fu tleir second annual report, thus treat of the same sub= Ject: * Tue Commissioners do Lot care to arguc tue question in the light of sound policy as regards the carporations themselves, The ouly relisbio business the railroads now have 1 fucir local busioss, It is thuir evident intercst to foster 2nd bulia up ihis by every means in thelr power, Corporations which cantiot see this—which by discriminating charges crush enterprise and industry out of these fsolated towns, snd force them o move to these points where tne rallroads mect only competition,—a. corporation which at this Iste day eystematically pursues such o course a8 thie, 12 probably Leyond the reach of argu- e men! Nofwithstanding the ntercets of raflroad corpors- 100 80 manifes:ly coincid with the general advan- tgo of the puthc, yot the railroad companies of this Stite, with grest nnimity, for years, p:lor to Jaly Last, discriminated in thoir’ churges sgainst business at go:ated towns and villages. After such experience in rzilway management, what agsursnce can the public have that their interests wiil reeeise any proper consideration af the Courcil Boards of Builroad Directo coureTITION, It hus elio buen claimed that cumpotition would sufclentls protxt the public—that ral.ro:d COrpora- tione shcu d bs aliowed £ chargs what they chose tor transportiticn, justad the merchant, the echanic, and thie lawyer set their own prices o what they oner for bale, and that the law of supply aud demsna would Tegulstd thelr cburgee. But competlion Letween ruilways oxis's only Lo o imited oxtent, and soon ends in ccmbination, A rallwuy 18 1o (s usture esclusive, znd therefore inevitably 3 - momop- oly betwcen ol - statfoms where {hers are Do competing lines, aud in o8 respect there is no analcgy between railways and the common Lighways on Isud and sea. Thore c:ni be 0o absolute monoroly of transportation on common roads and streets, atiil leas can there be such mopopoly at ses, tho lughway of tho nations. Theré a:c 85 many toursea in the To3ds and etreets as there are stages, coaches, and omnibuscs, and there are ns many tracks in the sea 48 tere are steammess and ghips, The ordinary com mon carrer by l:nd or sca is iree to choose Lis points of departure, stopping, and destination, in obedience to the dotatés of sait-interest and {ho law of suppiy and demand, The coupeting railway carrler is con- fned toits fron track, and eaumot leave it for tho rellef of tho isolated ‘towns snd viilages on the line of its rivals toute. The locomotive Tan driven away all other modcs of conveyamcs, and these ‘commumtics are at {he mercy of an unrestrained monopoly, unle the Government ne tafres for their protection, Nor is the condition of communitics at “termimal ‘and so-caled competing points muck Letter, for the ccimpetitors are few, and combination resdily follows it coustruction and operation of rival lines, Ib wia an apothegm of Guorge Steplienson that whercver comUitiation s pos~ sible. congetition i imj os-ible. -, Cuarl.s F. Adums, Jr., i a2 speoch delivered on the 1311 of Felruary lut, beforo s commitico of tho Legialuture of Alzszachuiclts, ably handles the wholo Eubject of competition. % Tho only thing,” be says, “ which can enatle competition Lo exist 16 tLo presence of competing forces Lo numerous to combine. Look abread over this country, aud you will see al a glance what compelition awolnts o o far s raile roads cre concerned. Tske, I pray sou, tho case of New York and Chic:go, w0 citles a thou- sund miles apart, between whih rilroads have been conetructed as fast as private capital could construct them. Esery gentleman on this Committee knows ot 8 Tuio 18 charged between New York and Chi- cago which is not establishied by comblnation. You Enow that every timo the tarif i to be raised or low- ered the freight sgents of the several companes meet in convention, and they decide how much it sball be Taised or how much it shall be lowered, and the change agreed upon takes effect upon all (he Toads on 3 given diy, You kuow, evers man who bas looked into {his subject knows, that tho only._competition which oxists is between land transportation and water transporta~ tion. When water caters into the struggle, when navigation opens, then tha froight agents meet, and rates are reduced ; when the lakes freeze up, then the freight agents meet sgain, and rates are rised, Whether reduced or Taised,’ however, the chinge al ways is the result of combination, * Aguin, lct us look at this question from another point of view. The idea of competition_ certaiuly im- Tlles tho existence of keversl agants. As Tegards rail roads, however, even the combination of compeitors islimited to o few localities. Except at competing Pointe—roints, that is, upon Which reilronds convergs —transportation by rail is s puto absolute mouopoiy, sffested only by municipal law and consideiations of self-interest, and in no degree subject to {he influcnce clther of competition or of supply and demand. Now, How large » groportion of all tho townn on our rat Toads ate points of railrond convergence? In othor worde, how many of them ean look to compatition for cven &' pretense of protection against monopoly ? Take, for exumple, the Boston & Alvany Road. It runs throuzh a densely inhablted region, Alicd with manu- fasiuring c ti2s and £w2 R ; 1t f 200 milea in length § it has ewliy topping places; Lut of pouts 'of railresd convergence—plices st walch @ posriuility of compeifon exists—it numbers just seven, Take, again, {ho Central Road of New York, including its Auburn Division, It has 405 miles of sosd in the very garden and_central thoroughfare of the continent, ~ On the wholo 400 miles thore exist Just nine poiats of convergence. Six hundred miles of railroad, with sixteen competing poluts, and those inbabitiug all the otber localitiea may use the Central or the Boston & Albauy,as the case may be, or they ma stay at howe, whichdver they pretec, ~ But ds it not sometling of a mockery to refer this aystem for its regulation to the principles which control the pro- duction of boots and cotton clotha? _And if this is 80 bere in the msnufscturiug East, itis not hord to imagine what must result in the sgricultural West, where the very nature of the leading industry renders it imy.08stble for population to concentrate st roints of ruflroud convergence, In the West, the mass of the eople fesl themnelves lelpless, and henca the angry feeling now prevailing against the railroad com- paules throughout that region, * Mr, Theodore Bacon, iu an arti-le publisied in O/d and New, for February lost, says: “Notbing, purhars, is 10w cleaier, even to the most uncompromising ad- berent of that school of political economy wWhich wouid l:ave 1108t to unfettored personal sction, than that competition cannot b depended npun to Tegulate Tallrosd accommedation, whether in respect to quan~ ity o extent, or in respéct to quality, convenience, or price, No proposition has been generlly admittod a8 mote distinctly sxiomatic in forwer discussions than that which experience and reason now unite in meet- ing with this simplo negative. Yot af any one to-day should anawer, o a complatot, that the public in this or that case is Inudeqnately supylied with Toads, or ill- served, or overchargad—tuat tho unchuugeable laws of dem:nd znd supply will correct all that, if only given time 'and Toom 1o operate—the civility or Himidity of Lis hearers i3 sicme likely 10 save ihe speaker from the charge of Leng personaily interested in maintain'ng the exist- inz staze of things, 1In fact, the grossest fellacy i fn- olved In the atiempt to apply fo euch & subjest tho economical aw in question. The circumstances which make competition aro wanting to tlie vary pature of the cuse. To give scope to coupetition there must b not only large and free demand, bat the porsitility of supplying, by many parsons, from many eources, the very commodity demanded. Such possibility the na- tare iteelf of railroad trafli, exeept in vors special cases, exclndes.” COMMON LAW RMzDY. 1t has been claimed by a few that_the common law an adsquate remedy by acton for violation of 4 the pert of Failroad cosporations, as com- MOR cxITiers, 10 transport passengers snd freight at reasonable ratcs of charges. But this rcmely has proved to be inadequate for the protection of the pub- Iic from extortion cven in the case of ordinars om- mon earriers in our cities and langer towns. ~Heuco the necessity of municipal regulaticns by tie catab— Lishment of maximum rates of ckarges for hackmen and draymen. I the public of single citics and towns Dave been forced to abandon this remedy as insutti cient to afford full protection against the extortion of common carrders engaged in such circumscribed busi- nexs ns that of hackmen and draymen, ft wonld seem that the remedy would be utterly” {asullicient to pro- tect the people of a wholo State azuinst tha axtartion 7 of the mammoth corporations whoss constantly 1o ing truinn have superseded every other mode of land transportation for Jong distances. A madter of fact, this remedy has for years been ataudoned. Heasy shippors, whoso business is do- pendent upon raflvay transportation, are unmlling to incur the enmity of railroad mauagers, who Lave it in their power, by delays in furnishiug means of trane portation, and by numberless other snmosanecs, to Dreak up the bueiness of those who compladn of extor- tionate chiarges and ingtitute suits for rodress of their gricvunces. Even when suit i contemplated, the exs pentes liable to be incurred by reason of continuances, change of venue, sttendance at court, counss! fecs, & vast smount of evidence relating to the nocessary cost of bullding and operating such & roud, sn sppeal to the Supreme Court, iud the printing of a volume of evidence, are 8o onormous as to deter & shipper of or- dinary verseand limited means from instituting the sult, for faflure in obtaining final Judgment would probably ruln Lim. Again, in tho Lingusge of Chief-Justice Lawrence, in the McLean County Quo Warrauto case, * What lsa Teusonable rute of freight over o ruliroad ia at best a mere matter of oyinion, deperding on a great variety of complicated facts which but few persoas could i~ telligently investignte, and Which it would be wholly in the power of the Company to furnish or withlold.” Though some, even at the present doy, claim that the sbippers themselves can control railroad corporations, and keep down their charges to reatonablo amounta through common law remedies, nnaided by legislation nd the aseistance of the Stale, yet, in our judgment, this course will rarelyif ever be taken by a mun of prudence, eince tho sk s 80 great, and inal succers Wouid Lo rewerded only with'a judgment of a few Qollars at the utmost, STATE OWNERSTIIF OF RATLWAYS, It hos been recently urged in Massachusetts and elsewhere that rallrosds can be_regulated as to thelr churges only by the State ovnerehip of one or more of them, Wo are satisfied that the people of this Stata sre not prepared for such an_innovation, Tequiring, a3 {¢ would, » large outlay of the public fuhds, - In our judgment this project should not Lo undertaken (if ever) untilall other apparently reaconable methods of reguiation have been fairly tricd and found nef- fectual, ‘Having constdered somewhat st length tho various promiueut policies and methods n_regard to_railway transportation, and haviny shown thot none of them has proved enlectual in practice to 2ecture, ut reasona- ble charges, transportation on roads owned and oper- ated by corporations, we turn now to the considera- tion of what hus alrcady bean accomplished, and what is propesad to e done, uuder the Constitution and lawa cof his State, for the Frevention of unjust dis- crimination and extdrtion in railway charges, PREVENTION OF UNJUST DISCADIINATION, Theact of April %, 1871, provided, in substance, that 00 raflrond corporstion &hould chargs for the trans- ‘portation of property for aless distance, tho same a3 nor more than it at the eaine Huo charged for the transportation of o similar quaniity of like property for o grester distsnce. In Decemaber, 1871, an in- formation in the naturo of A quo warranto waa filed in the Circmt Court of MeLesn County, sctting forth that tho Cuicago & Alton Nailrosd Company had re. peatedly charged for transporting luraber from Chi- cago to Lexiugton, 3 distanca of 110 nules, the sum of $5.03 per thousand feet, whils at the seme timo it only cliarged for the transportation of ke lumber from Cleago, through Lexington to Bloomington, adia tance of 126 miies, tho sum of $5 per thousutd fc The corporation, in its plea, admitted these facts, and. by way of justification, after reciting its chmtor, ulleged first, thiat tho et of April 7, 1871, was in viols= tion of tho’ Constitation cf the United Biates, avd, secondly, that tho charges for transporting lumber from Ciilcago to Bioomizyton were unreasouably low, and were adopted 1n order to compote with the Lidnows Central Eailrvad Company. The Circult Court held that ihe defenses: set up by the Raflroad Company were insufficent; that in the first place the act was not in yloiation of thie Constitu- tion of the United Stats, and that In_the aecond place competition with tho ilinofs Central Kaflroad Com- amy at Bioomiugton was no Justifcation for 3 greater harge at Lexingion, On appesl, the Supreme Court o2 the State refured 0 pass upon the sufliclency of tho £irat of these defense, and virlually pustained the Cir- cult Court 85 to theinsafficlency of the second of these aefenses. Upon tho Latier uestion tho reasonlug of the Supreme Court 18 clear xnd conclusive, and a very important potat is thus established in favor of the people. 1i1s to Le borne in mind that tho corpora- fion averred in its plea 1o the izformation that the chargges for reight to Loxinaton wero reasonsble, and thist those to Biooington were. unreasonably fow on acconnt of cotapetition with tha Tlinots Ceniral Ralle road Company. It isalso to be berue in mind ibat 1kia real question mado by the admitted facts of the case wan whetber OF Bot there Was an unjust diatlmie aation Letween these focaliti \The Suyreme Coart say: “ Ratlroad experta might L produced who wouid testicy that, i thelr opinion, thie rats to Loxfugton in the present case was s rea- sonable rate, but tue fact that a less Tato %aa chiarged for (ho grealer distance to Bloomington, if the difier- enco was 4 permancatly established and’ 1ot & casmal difference, &nd if jt could be explained only by the fact that tuere was 3 competing line at one placé and not at the other, might be well accepted as concluzive proof that the ate to Lexington wus not a roasouable Tate. The only issue to bo wmade under & law prop: framed would be whethor there ws an tnfust disc ination or not. 1f, on the trial of such an issue, the prosecution proves a permanently establighad diacrim- ination like thst disclosed by tho present record, end tho Compuny can show 1o 0.ber reeun for it than tho cxistenco of & comypeting line at the favored point, the defenre must be held zusatisfactors, notwithstandin witnesses may testify that they Lelieye, 25 8 matter o theoretf. 3l opinion, thut the rates fo Lexingion are unreasonalle. Thiy cauuot be reasonable, sud tho diserimination must be ujust, if tle lesscr futes for the greater distanre have been established merely be cauce the Compzoy has ceased to exercise at that point a practical mctopoly. 1t cannot be supposed fhat either of the competing lines would establish & permanent rate of (harges - on a scule that wonid not furnish & remunerative proft. The rates lo Bloom:ington would be established under the influcnce of fair competition, which, by tbe or- dinary lows that govern commerce might be relied upon 5 establishings rate not unrcasonably low, At Lextngton the rates would be establiched by the uncon- trolled direction of the Company, and it shuuld not caure 8urpriso if they were Szcd tnrcaronably high. If the rates are not unreasanably low at Bloomington, they arcunreasonably high at Lesington. If they arg unrearonally low at Bloomington, and ail other poirts touched by comreting lines, 1t {s not certain that the Company will indemulfy iteeif by charging, at stations whero there 8 no comretition, s rate unreasonably hish? And will pot 3 discrimination arising Eolely from such cause be necessarily on unjust and in- Jjurious discrimination us to all pereone shipping or re- ceiving freight at the non-competing stations? If Lexington 18 & town where considerable busineas ia done, it o evidenL that this iserimina- tion of rates, if permanently estallished, will diminish its business snd check its growth, It was nover intended ot xpected that these corpurations should ue this power to benefit perticular tndividuzls, or build up particular localitics, by arbitrary discrim- inations in their favor, thst must czuse infuiy 10 other persons or places engaged in rival pursnits of occupy- ing rival positions. 1tis in vain tosay in defense of snch discriminations, mado withont just cause, that the rate of charges agatnst the injured person of local- ityis aressonsblerate, and therefore To injury is donc. An injury, 28 a matter of fact, is committed in the manncr Just suggested, and the Legielaturo bas the right to require the corporations o show a suficient causo_for the discrimination which produces the fn- Jury, and it cannot bo permitted to evado the inane by Tmsing the speculative Inquiry as to whether the rates charged sgainst fhe {njured parties or lolities zre not, after all, reazonable rates. Even if reasonable, when regarded fn reference o tho proit upcn the cap: ital invested in the ro:d, they nre not reaconatle, in the true sense of tho term, i no eatisfactory reason can be given for charging ‘less ratis for the same or for greater services rendered to persons doing busi- neen with the Company at neighLoring staticar.” Buch {a tho language and rulingof the Supreme Court upon_the queation of competition. When we consider that the charges complained of in hfs case were for frelghts moving in_the same diroction and that competition with the Diinois Central Rulrosd Company was the only reason given In (ho plea for the disciimination {n the charges for frelghts to Lexing- ton and Bloomington, we sto that the corporation was left without any justification or excuse whatever for such discrimiuation, But the Supreme Court reversed the cane,and held that the nct of AprilT, 1871,con'd not be enforced untii o amended oa to “ nluke the charg- ing of ® greater compensation for 3 less distance, or for the same distance, merely prims facle evidence of unjust discrimination, instesd of conclunive evidence,” ‘The act of May 3, 1673, upon the subject of unjust discriminstion was framc3 in accordanca with the sug- gestions of {he Sapreme Court, and the charging mora for transportation to an intervenin® or non-competing ‘place than 18 charged for transporfation fora greater istance, and the other discriminations of a ike char. acter, specified {n the third scction of the act of 1673, are thereby made prima facie evideuce of unjust dis- criminations, - The 1aw of 1673 f probabls &8 effectnal f practice a5 that of 1871 would Liave been, The railroad corpo- rations of this State have evidently so regarded it, for, by rearranging thelr tarlfs 60 15 to comply in’ the madn, on tue Ist day of July last, with that portion of the law which prohibits unjust discriminations against intervening and non-competing Jocalities, where the transportation was wholly within this' Siate, thes scknowledgted not only that the Legisleturo has tho coustitutivual power to prohibit unjust discrimination in their cliurges, but also that the charging of a greater compeueation for a less distance, or forthe pame dis~ tance, where the service fs n oflier respects the same, is evidence of unjust Alscrimination of such a con- clusive characteraato be practically Insurmountable bofare Juriesznd courts, Thelaw forbidalng unjust iscrimination, sustained as it 13 by the ruling of the Supreme Court, i now firmly established in this State, The maintenante of this law and of hls ruling is, in our judgment, u matter of vital iuterest to all the in- terior towna and v_un%ea ond tho great body of the people of the State. Under the oferation of this law a Tailroad corporatich cannot discriminate in favor of the shippers and producers at ae locality and thereby drive away ail tho shippers nnd destroy the market for the producers 3: another locality. Dpon this suljest the Railrond Commiesioner of Miunesots, in lua report for the sear 1873, ays : # Rallroad corpozztions uwe thoir existence to the fact that they were craated for 3 public use, No strictls private corporation, created for purely pricate pure poecs, exn seize and condemn private property against the will of the owners. Thls fa done by tho Corpo- ration 2 the agent of the State, excrelsing in .4 instances the Liyhest governmental povwers. When, therefare, any Yail-0ad corporation falls to become oF ceanca to bo a pudic one, 18 mot the exercise of this governmental function” to which it owes its creation aud continued being 3 usurpation of power ; and does 1ot the property taken for & pullic use vevert to the people uniess ‘conwrolled snd made to subserve the purposes of theageat ? Can it be o pudlic use when ono man or a COMDANY Of men are favored fo the ex— clusion or injury of the rany ; or when one locality fa unjuetly burdened for the beniet of another? Is it ot the duty of the State to protect ol ils citizens siike, and permit no Jocality posseseing natural advantages to be destrosed cr rendered worthless whenever euch 3 corporation created fora public use shall conclude for any purpose fo exeruse an tnwarrunied power? If railsnd corporations have full and unrestrained power {o° discriminatc 3s may sult thelr interest or caprice, then, by eo dolng, they can fix the vuluo of m: 3y ¥inds of property on {beir lines at will. They can raise it here and depress it there, They can corner m: dividual intcrests of tha Slate at Dloasure. Bat T every ono will ade mit that theesereiss of sufficient and necessary prohib-- itory. or_restraining power on the part of the State ia the legal and justifiablo exercise of an inalenabls Iaw, a9 tha rates it fixe: rojected by jurlos and Judges. not sbsoluts, butmay be . Charles F. Adams, Jr., inan article pablished ‘polico powor.” = Tho peupls of ‘thia State have alrezdy realized, o s Jimited exfent, the beneht of he liw axainst tnfust discrimination in thfs particulsr, that the trade nd usinesa of intervening towns and villages have been protected. against the favoritism formerly shown to cities and towns at terminal ond compeling points, But competition {s alwayaat tho mercy of combina- reilroad corporations tion, and the this with of ‘matn, State, while complying. in the ma tho law forbidding unjust discrimination’against Iocalitice, cem to hve combined to keep their Tates unreasoncbly high, thus demonstrating to the people of the State, by thé experience of the last #ix months, that a law against discrimination ssuctioned by every principle of justice, but without other 3id than that affordea by competition, o rather its pretense, s in- ndequate to meet the wants and necessities of - the peo- ple. The law rgainst unjust dfscrimination s valua- ble. Competiticn, whenever it can exist and fs real, is valuablo; but thete two alone carnot. ealve the railway yroblem 5o long as competition between rallroad cor- ‘poratiuns i limited in extent and is liable to be smoth- ered by combination. Some regulating principles muat bo adopted which will affect rates of non-compting points, and curh combination st come peting pofuts, Would any other policy or metliod be £0 Iikeiy (0 accomplish his two-fold purpose 4s the cetablivhment of reasohable meximum rates of charges 7 REASOXADLE MAXTNT EBATES, The efghth section of tuouct of Alay 3, 1673, con- tains the following provision : “The Ruliroad and Warehouse Commisicners are hereby directed to make, for cach of tho railfgad cor- porations doing busiucks in this State, 28 soon as practicable, 3 schedule of reasonsble maximum rates of churges for tho transyortation of paseengers uud frelght und cars on cach of said ratiroads® sud eaid schedule shall, in all suits brought sgafust any such rallroad corporations, whereln {8 in any way involved the charges of any such ratlroad corporation for the transportation of auy passenger or freight or cars, or unjust discrimination in relation thereto, be deerned and taken, in all courts of this State, as prima facio evidenco that tho Tafes therein fized are reasobable maximum rates of charges for the transportation of passengera and frefghts and cars upon tho railroads for which said scpedules may have been respectively prepered, Sald_Commissioners ehall, from time o attentio scems to Love been groping 'for some such general in the North American Ieview for January, 1871, Inw and special tribunal—a statute with “a than ip- side of it.” We have groured together feom different parts of the srticle thoso portions that bear mors dicectly npon thissubject, and with this extract leave the coneideration of what has been done, snd what probably can bo done, under this act for the pre- ventlon of unjust discrimination and extortion, trast- ing that the law may Ve permitted to_stand untl all ita provisions, -which fogether conatitute an harmo- nloua whole, can be fairly tested by .practical ez- perience. -In the srticle referred to, Mr, Adams says : ** Shonld the Iilinofs Legislature undertake to deal otberwise then by general taws with the inuumerable ary questions involved n overy railroad syetem, then, In'60 far us the present discussion is concerned, the new Censtitution {s & predestined fallurc, Shoull it, however, carry on the work in an inteliigent spirit should it do what has never yet been donoin Ameri: cu, creato an ablo and expericnced tribunal to stand between the community and its raifroads ; should it clothe this tribunal with all the necessary power and rges at | dignity, and delegate to it that discretion, necessa- rily left somewherc, in the application of general luws {o monopolics; ehould it declara s decisions fiual on all points upon which no appeal lay to the courts of law by constitutional zight; ehould it then sternly refer 1ts raiiroad corpora.ions to this tribunal, and bid them whoily begone from thie lobby, or to come thern only as 21l s s done, 50 ot until tbat time, hall wé know whether anythiog is to result from the Illinois experi- ment. The whole country cannot but watch it with eager curiosity, ownership as the other, impending, The whole of tlat legislation, on Which 50 much in the future depends, {8 yet fuitfated. periment in Tillnois whother this, too, of which all might now Le hoped, s not to wallow fato the slough of special legialation, It has many times been on tuo brink of so dufng. Should this once happen, the ma- chine s too cumibrous and the interests nvolved too engrmous for us 80n to extricata ouraelves, this regard, fn {18 bearing on tho fnal problem, that each experfment now assumea its value. Out of many fallures will como the one success, iscretfon- titiouers for general leyislation—then, when Itis the one alternative, with Stato The nations!’ question is to_be It may, well depend’ upon tho ex- Itisin 1ilinois, for the , must deservedly attract the greatest degres of ‘That great State has first recognized in her time, anilas oilen sa_ clrtwniltuices may Tequice, | G naticution the sgnilude and excepHons atire. of chiange und revise said schedules,” Tis provialon of the statute, howover, does not go Into force untii the 15th day of Junuary, 1874, It s apparent, thercfore, that the act of May 2, 1573, has as yet hed but bulf an opportunity, as it were, Lo test its efticiency, The third scction declares what shall be prima facio evidence of unjust discriminatiou; tho eighth section declares what ghull be prima facle evi- dence of reasonable maximum rates; and boih unjust discrimination and the charging of more than rea- sonable rates are forbidden by otlier provisions of tho tate, under the penalty of heavy fues. The efli- clency of the law will be owing to the fuct that unjust discrimination and axtortion, Nko misdemesnors aud crimes, will be prosecuted by the public fustead of st the risk of Leavy expense ou the part of the ciizen, and will be punisked by severs peualtics, going to the publle, instead of triffing remedles by virtae of tho common luw, We shall ¢ndeavor 10 show that the ee- tablishment of ressonable rates of charges, s provided for in the elghth scction of the actof ALy 21873, 5 | y, constitutional, practical, and fust, Judge Cooley, in bis uble treatiso on the Constitu. tioun!” Lhmitations which ‘rest upon the legislative power of the States, says : ““It must also Lo evident that & right to have onc's controversies determined Ly exiutiug rules of evideuco is not a vested right. These for ita chiizens ; and generally in legal contemplation they peither enter fnio and constituto s yart of any couitract, nor can bo regarded as beii:g of the essenco of uny right which a party may seck 10 enforce, Like other rulés affecting the remedy, they must, therefore, at all times be subject o modilicztion end control by the Legielature, aud the chenges which sre enacted ihe eighth section of the act of May 2, 187, fo railvoad corporations doing business in this together with a classification of freight, explanatory aud forming & partof exch of the schedules to Lo prepared Ly the Commissioners, was commenced eariy in the tnonth of August Last, with the intention of Liaving thein pubilehed, if possible, in ample timo to atiord members of (he nd) General Assembly, before they convene 1n January mext, and all oiliers lutereeted, an opportunity to examine the same, the problem. Under that Coustitulion sha_should not fail 1o be the Srut serjously and thought{ully, pernaps succensfuly, o grapple With it.” A PREPARATI)N OF THE SCIEDULES AND CLASSIFICATION or TRezGNT. The work of rrepering the echedules, directed by aie, journed seseion of the The Commisrioners, impressed with the magnitade snd importance of the undertsking, entering as we €16 upon a track tlien unbeaten, aud SoxioUS to Be- curo the greatest accuracy possiole in our schedules, indulged the hope that, by thus submitting them, such suggestions and eritiy would Jead o the msking of apy needed changes, and 10 tiie correction of any errors tiat might bave existed l b in the tariffs and classification at the time uf yublica- rules pertain to the remedies which the Blate provides tion, s would bo called forth as Suggestions of yalue from the sources mentioned Bave Leea recvived, of wbich we #hall avail ourselves in timeto have them appear in the revised and cor- rected schedules and classification of freight, to bo completed and published in & supplemental ' torid sheel sembly. before tho meeting of the mext Genmeral As- may Iawfully be made applicabie to existing causes of action, even in those tates fn which lawn are forbidden. For the Inw ns changed would only preseribe rules for presenting the evidenve in legal controversics in the future; and It could not, there- fore, be called retiospective, even though some of the controversiea npon which 1t nay uct were in progress It lan accordingly becu held in New Hamp shire that a statute whick removed the disquzlifications of interest, and allowed parties to suilsto testify, ‘might lawfuliy apply to existing causes of action, may & statute which modifies the common law rule excluding parol evidenc: to vary the terms of a written contract ; and a statuie making the protest of s omissory noto evideuce of the facts therein etsted, tefos 'hese and the like cases will sutliciently general rule, that the wholo subje t is under the con- trof of the Legialature, which prescribes such rules for the trial and deternunation, va well of exist: future rights snd controversies, 88 in lts judgment il mowt compielely suleerve e ends of justice.’— [p. 365.] Tisoce propoattions of the text are fully sustainid by numacons athorities cited in tho notes, Iu Ogden v. Sutinders, 12 Wheaten, 319, Cutet-Jus- all, tice Mawball, after conside Ktatutcs a ays laws which impafr tue obiiz preseribin courts, an statutes of frau usury, and statutes of limitations, *¢ Al bavgacquivsced in these enactments, Lut Linve never considered them ns being of that elas of s of cont tho avidence whilh suall bo received In the effeet of that evidence, the Stato ia reirospective 8o Lluatrate the 23 of cte. In exercising its acknowledged powers. It is likowise in the exercise of its legitimate powerc when 1t fs resu- tating toe remedy and mode of procecdings in s courta,” In Commonwealth y. Willizms, 6 Gray, 1, It was held by tho Supreme Court of Maksnchuscits, {hat a statute providing that in prosecutions for commion seliing of eirituous and intoxicating Liquors, delivery in or trom any building or place, otlier 1ban 'a dwelix ing bouse, “uhall Le decmed prima facle evidence of a #ale,” was constitutional and valid. The Court say * It 15 0o mew thing in the history or administration of tho law, that peculis= ~= 2 artificial force 1a given or chiributed to particular facte, or feriea of facts, as means and inetruments of legal proof, ‘Tuia may be ecen in many of the rules of evideuce which prevail by the common law, and in others which deiive their force from legisiative scts, These, then, are cone clusive presumptions, which, from miotivea of public policy, or for the sako of greater certalnty, of for the i ire maring the senedules, wo mention tie follo Amount of capital invested in road and equipmewt} umount of buslness doue; aversge proportiun of op- | erating expenses to the gross earniugs, which in a greater degree, however, contributed to 2+ e Lavo received muh fnformat in xing what we trust will proveto Le an equit.ble and rewuncrative paseenger and frc; rafiroad compantes mow organiz this Btate, - The chief value of a achednle, euch a8 we are now considering, is the Justness of 18 rates, To this polut, therefore, ur LaUors Lave Lecn Duiniy directed, NO efforts huvo beeu spared to obtain information dcemed Dy us likely to aid fu arriving at correct conclusions bearipg upon the subje:t of “reasonable maximom rates fur the organized railroads of the State, A care- ful comparion of the pubilsted tarits of tue railroad companies of this und many other States was made, with tho vlew to determine ju what particalars they agreed or differcd when comparel with each Othes We will not attempt here to exhibit ju detail the dif- ferences tust were found to exist, even amongst rosds baving very much the same ' characterisucs, 1t may "Le mentioned, however, that difcrences wids apart, and difficlt ¢f explabation, wers found by a comparison offtheir loc:l taritTa, 1t is proper tostate, iu this connection. that, Wwith the (arifts of zost of the Erincial roads of the (ountry befure use, prepared by the General Freight Agents of the various roads ther. seltes—tie only experts known to the Commissjoners iu a work of tlis kind—i: scemed that no valuable pur- posowould Le accomplished by invitiug them (b General Freight Agents) to a conference, or o seek from them juformation bearing upon the’ eubject of tarifTx, otherwise than in the n.anger mentioned : Ly an fnpection of Whir published schedules. In tho fow justances whero they bhavs been pereomally con- +ulted, they have generally referred us to their schied— ales, a8 indjcating thefr vitws in Togard ta tho justuess of 'tarliT of rates for their particular line of road, uud, wo believe, without exception, Lave insisted upon the correctuess of the principles’ emnbodiod in their pullished rates, rrominent among the subjects constdered in pre- ng; ete, Thit | st in this department of onr labor, was the testimui,, of well-informed ehippers from different parts of Wic | : | State, inciudiog deaicis In grain, lumler, coal, bar- stock, and mefclandisg of almost o, 2nd steel, i tdor. every deserd From the representatives of these varions interests n that was valuable bt rate forall the d under the laws of Mention hos already been made of our intention to promotion of -h&r!m and quiet of tho community, | make some clumges in the schedu.es and_ clasallcation bave been adopted by commion conteut, Sometimets | of freight. Availing ourseives of that provision the commun coneent Ly which this class f presump- | of the isw which wisely gives the Come tton Is establiehed, 18 declured through the medlum of | missioncrs | *from time - to© time and . us the Judicial tribunais, and thus becomes a part of the | often as circumstances may requlre® the common law of the Lind, Aud fometimes it 15 ex- pressly declared by the direct anthority of o Legls— Iaturo 0 stotutes daly enncted.” In Iand v. Balloy, 12 New York, 643, the Court ra “The Legislaturc certainly have power to detesminc, by Law, what shall, fn civil cacs, e received by the Courts'ss presumptive evidence.” B In Allen v, Armstrong, 16_Iows, 513, the Court, per Dillon, ., eay : * That the Legislture fa competent to dclare that the tax-deed shall Lo prestanptive or prima faclo evidence of the regularity and validity of | all prior proceedings, fa everywiere admitted.” 10 13 How:rd, 436, the Saprome Court of tho United States, per Grier, J., say ¢ “ The power of the Legisla- tre t6 make the'dced of a public oficer prima facle evidenee of the regularity of the previous poceedings, cannot be doubted.” power to clange and revise the schedule made by them, we wil, a8 eoon as reliced of offictal dutics more'urgent in their pature, make some slight changes in tho clussification of freight, and alsv in the rates of tumber by the car-load for thé roads following, t>-wit: Toleo, Wabush & Western, Cuicago & Alton, Cliicago, urliogtou & Quincy, Chicago & Nortawestern, o, Rock 1sland & Paditic, Ininos Centrul, Indianapo- lis'& St. Lonis, Obio & Mississippi dalis aud Terre Haute, Columbus, Chicago & Indisna i, St. Luuis, Van- entra!, Tudianapolis, Bloomingtou & Western. These contempiated alierations fn the fariffs and classifica~ tions, otber than hos becn mentioned, have not yot been agreed npon. They are, howcver under advise- ment by this Dosrd, aud will be determiined on snd pablished at an early day. For tho greater convenlence of all, wo have made In tlis Slate (e statute of 1829 for the collection of | v divizions of tho ronds of the State, and in the ab- revene doclared that 3 “deed from the Auditor of Public Accounts shall ba evidence of tho_regularity and legality of the sale until tho contrary shall be made to appear.” Our Supreme Court “repeatedly leld that thls statvte dis- pensed with the rulo of the common law, which re- quired 5 party claiming title under special proceedings | di sence of any eatisfactory reason for a diferent or- raugement, we bavo given to the roads sssociated in their reepective divisions a_corresponding rate. firat division enumerated above, Michigan Central, Luke Shore & Blichigan Soutbern, and Pittsburgh, Fort Wayus & Chicago. The third The e second tncludes fon, Ciicigo, Danvillo & Viucennes; Toledo, autlorizéd by tatnte, by which tho eatato of one man | Peoria & Warsaw ¢ St. Louis, Alton & Terrs Haute: 1nay be divested and transferred to anoiher, to provo | Iilinos & 8t. Louis Ratiroad ond Coal Company, and that all the meterial requisitices of the statute have been complied with, and placed the burden of proof, | Jacksonville ; Peoria & Rock slam Island & Bt.’ Louss, zud St. Lonis & Southeastern, “Eho 5l division includeuall orgsaized railioads i L Late t i i Tho fatetity of contracts Is mors crefully guarded | frouper Tt il bt 1aton from 3y 2, 1878 earh Of the raflroads in the State: and Warehouse Commissioners are heroby directed to make for each of the railroad companics doing busi- nesa fu this Biate, as 800n as practicable, a achedule of reasonablo maximum rates of charges for the trans- ‘portation of passengers, and {reight, and cars on ench of said railroads,” &c., & requirement of the l.‘w, Reparate made and published fof each of the railroad corpora- ‘Tho Gineral Assem- | tons dolug busiacss ia this State. For (e sates Baed for tho several ronds we beg Ieave to refer to the pub- liehied schedules and classitication of frelghts, in the firet {catance, on the party controverting the title under the Auditor's deed,"—Graves v. Bruen, 11 Tllinola, 431, and cases cited. by the Consitution .ban the sacrednesu of private property. Tho Railroad and Warchouse Corcmission- ers aro pubile oflicers ; thelr dulica_are prescribed by Iaw, and thelr acts, In thie performanco of teso duties, ure'made prima facle cvidence of o proper and impar- tial aizcaargo of their dutles, end cs such are, pro- sumptively, Linding upon partics, thesame 3 wes tho reort of Comnitssioners under {he former Liw of this hiate, providing (or tho asscesment of damuges when prvate property was taken for publie use. Nor1s ticre here, in any proper sense, & delcgation of general legislative authority, bly pes 1aws, the object of which 1s the establish- ment of reasonable moximm rates of charges for tho transportation of passcngers and frelght ou, the aif- ferent railrosds 1n thia State, and thereby thy prevea- tlon of extortion. Such laws may directly or indi- rectly establish ressoualle maxtmum raics, and in cither case they would, in our judguiens, be Gonstitu- tiongl. The General Assembly pass the Jaws, snd fhe laws cafablish fmmediately or mediately rosaonablo mazi- mum rates. In this case tho Goueral Assembly bave Western Union. The fouria divizion, Peoria, Peldn & Roekford, Rock med in the foregoing divisions or rved from the following quo- th section of the act of that a sepurats schedule is required for * The Rallroad In compliance with this cparate schedule bas Leen There is, perbapy, no featare connected with rail- Toad tarifls 1n which the people ot large feel & deeper intercst, npart from the justness of rates, than that of the stability of rates. We do not mean, of course, that the rates should not be subject to change, nor subject 10 chauge in the manner prescribed by the law under which tese schedules are prepared—io meet the wants from timo o timo of sil the interests involved; but that the tarisls should bave such a stem of pussed laws, which, by prescribing a mode of yro- | agreemcnt or harmony in all thelr parte, and Le 6o i~ cedure and’ rules ‘of evilence, indirectly estabiish | partial in the purposes intended in their arrange- reasonable maximum rates, In the cace of the Paoplo v, Reynolds, 5 Gehlman, 12, our Supreme Court say : Al power possessed by, tho Legisluture {a delegated to it Dy the people, sud yet few will Lo found to inaiat, that whatover the Leg~ islature may do, it should do, or else it shall go un- | ations in ther rates, done. To eatablish such a principlo in & large State | p would be almost to destroy the Government, Tho Legisiaturo may grant ferry licenses, or it may lay out Touds and specify their metes and bounds, and yet, | li who will doubt that it may delogate thia power fo oth ers, elther by general or epeciallawa? . . . We neey then, that while the Legialature may not divest it nelf of its proper functiony, or delegato its genoral leg- islative suthority, it may still au‘horize others to do those things which it might properly, yet cannct un- derstandingly or sdvantageously, do lsélf.” Having considercd the constitutionaliy of the law which maXes the schiedules propared by the Commis~ sfoners prama focic evidence ihat the rates tlierein fixed aro reasonable maximum rates of charges, the next question relatcs ta the practical operation of the lsw and ita fuirncss, The great difficulty fnvolved in the problem of Teg~ ulating” raflway_charges han Leen the {raming of & yeueral law uficientiy flexible in its details to meet the wants of the public, and at the same time the dif- | tI ferent circumstunces and varsicg conditions of the several roads. The System cmbodied in the eighth nection of thie act of May 2, 18713, seems to be well sdapted to the accomplishment of thesa purposes, It promises protection 1o the public by the e of heavy penalties against ruilrosd corporations that neut, 3 £0 Jeave the necesuities for change as fow ua pousible, and then no change should be made until Que notice of the intended change is made public. By tbe sudden and unexpected siterationa that ore frequentls made by the m3uagers of railruad corpor-. great ujustice 1 done to tho atrons of their roads, Take, for {nstance, & single cose. A makes a purchase on the 1st day of June of 1,000 head of cattle, which he has contracted to de~ iver in Chicago on the 7th day of July following, dis- tance from point of shipment to Chicago, 200 miles Iocal rate for cattle st the time of purchuse—open to, all—§:0 per car-load, $40 por car-load. car—if:y-one cars in all. Ths loga t0 A on each car would bé §10, Total Ioss on the 1,000 eattle, $5%0. tates ot Uie time of shipment. §ay he ships seventeen cattle to the And this o1 a single shipment, occasioned by an ad- vence in rates that A bud no means of anticipating, or any knowiedge of, until his cattio weroe driven to the station for shipment, ‘The caze given ia supposed one ; but actual cases, resulting 4 loss and dissppointment to the shipper, we might multiply slmost indefinitely. To remeds 1his evil that has 50 long existed to the injury of ship- per, and of which there is 80 much just cause of coum- bt provision ia made iu the law of 1873, requiring e Commissioncrs, where changes aremade in the echedules prepared by tiem, to caues publication to bo made for three sucre: o weoks, ete, We havesald elsewhers in this report that the clief value of = schedulo is tho justness of 104 rates. We orcement | have 210 briedy slluded tu afother important feature, stability in rates, Tn closing our remarks ppon the unjustifiably collect charges above tho ratex fixed by | preparation of the schedules, we mention the greater the Commissloners, and it will allow these rates to be modified to suit the exigencies of different roads, the finencial changes of the times, and the demands of justice, upon a satisfactory. showing requisito of the three : duty to do this work, he must be capable and honeat —turning veither to the right mor to the feft ; for ‘without these indispensable qualifications combined, — To whomsoover it (s made the befora the Board of Commissioners or in the courts, | ability to do the work, sod_honesty of purpose in jts Itis s general law with special adaptability to the do mands and necessitics of both the public and the rosds, This adabiability of {he general law Is secured by the esiablishment of s separate tribunal,—the Board of Railroad and Warchouse Commissioners,—whoss duty it is to make, and chauge, and revise, 85 often a8 cir- carastances sy reguire, schedulos’ of ressonable execution,~his Labora will be of no avail. Dy tho 7th section of tho act of May 2, 1873, it Is made the duts of the Compsissioners 1o personally investigate aud arcertain whether the provisious of this act are violated by any railread corporation in this State, and to vidlt the various etations upon tho line of exch raiiroid for that purpose as often as prac- muximum rates of charges, which ars tobe deemed | ticable.” In fulfilinentof this requiroment of the a.d taken in the courts of 'the State aci Sridence that the pes here szed sl maximum rates, nal act iga- e, unal acts under the obiiga trolle ofticial duty and limited by Iaw as that ot Jurics and Judges. Iis sction ia even more Umited by ber, and_its action is a8 much con- of the principal roids of tho Siate, L peting snd non-compe:ing points, and at these several stailcns Leld formal Iaw, tho Commissioncrs, during the months of Sep- tember, tober, and the early part of Novem- d_forty-tarco points "along the lices oding come mectings, & ful Loard belog resent at most of them, and at all jority of the oard was in attendance. At these meetings we took tlie testimony of over 500 sbippers, pertaining mostly to the duties imnosed by the soventh section of tho act. of May 2,173, The information thus acquired from the bastntex'men of these different localiies prove to be . of groat ndvantage, furnishizg, ss it did, » vast amount of {nformation we could not have obtalned so well fnany other way. The law aiso provides that * whenever the facta, in any manner ascer- tained by sald Commissioners, shall, in thelr judgment, ‘warraat uch prosecution, it ‘shall bo the diify of saii Commissioners to immed/ately causo _£uits to be com- menoed and prosecuted against any raflroad tions which may violate the provisions of this act. Buch suits and proaecutions muay be fustituted in any county fn the State, through or into -which the line of the raliroad corporation sued for violating this act may extend. And uch Railroad and Warchouse Comimis~ sloners aro hereby authorized, when the facts of tho case preeented to them shall, ir their judgment, war- Tant tho commencement of such action, to_employ counsel to assist the Atorney-Geueral in' conducting such suit on bebalf of tho State.” - In order to enforco this proviston of the law, the Commissioners, on tho 30th day of October, 1813, authorized the' Attorney-General, tho Hon. James K. Edsall, to bring ot agsinst the Chicago & Northe western Railroad Company, at Frecport, Stepheason County, and tbe Iilinois Central Railroad Company, at | Crbans, Champalgn Oounty, The suits are brought | for extortion, in the mame of tle Peoplc, cte., v. the | roads men.Joned, in an action of debt, and’ now pend- ingand undetermined in the Circuft Courts in tho counties sbove named. We have, a8 provided by law, employed counsel to asaist the Attorney-Generd in conducting the same on_ behalf of tho State. We ofier in explanation for any seeming neglect, on our part, in not bringing otlier suita whera the law has been violat- ed, the fuct that the schedules mado by ns do not be- coma prima focie evidence of reasomable maximum ratea of charges until the 15th day of January next. It waa, thercfore, thought best, and wo were 80 advised by our legal counselors, not o bring any greater num- berof uuils until the ‘schedules become yriwa facio evidence, rae GESERAL REMARES, The creation of rullrosd corporations are necessary to accomiplish parposes besonu the reach of individual enterprise, and {t will pot be denfed that they have contiibuted lirgely o adv.uce the prosperity of the country. They Rave enriched and bound fur-separated scctious together in amicable relations, Tae growth and develcpment of tho resources of our owl groat State are attributablo in a large degres to their agen- cies, They have becoma so identified with the lusti- tutions of the country, the commerce, trade, snd bueiness of the people, that they cannot be dispeneed with, wittiout the most appalling and withering effect upon the vital iuterest aud prosperity of all cloyses of the commaunity, On the other hand, they cannot prosper, nor even exist, for any great IO u of Gume, Waiuout the friend= 8Lip of tae people, to whom they look for sapport, sd | from whomi tucy Outaited their ¥ignt toexist, How | very impcrtant, then, that -there ahvuld bé a mutunl | recognitios and acknowledgment of each others® | riguts, thereby rott ing for all timo to come theeo dif- fesentes of opinion that now place these great corpo- jons tud taeir patrons, the people, in antigonism. h the utmost respect for those who entertain 3 | different opinicn, we do not share in the be.ief that any great leng b of time fs n3eded for the settiement of these questivus upon which the peoplo and the corpo- rations are at varance. We have unbounded fafth in tho people, the law, and the courts, With tle appli- ances that they will bring ta bear, wo look fora. speedy | seitlement of all existing troubles, | In conclusion, it gives us plelsure to express our | obligations to Your Excellency for the interest you | have uniformly manifested for the Buccess of this Commistion, and for the many vaiuable suggeations pertaining 10 our otficial dutles in the soveral depart~ ments of our work. To the Hon, R, 3, Benjamin we are largely indebted | for aid adorded in that purt of our report whith rulates tothe laws and decisinna of the courts, To the Hon. J. K. Edsall, Attorues-Geuersl, for the promptness with which he has at il times responded to the frequent demands made upon hin relating to questions of law, etc. | We_gratefully make our acknowledgments also fo | O3l T. J. Carter, for information rilating to railrosds in general, Hesp ct’ul y submitted. . (Sigasd) D. A, Browr, J¥o, M. PEArSox, Commisaioners, Monthly Beport of Graineinspector | Earper, Spectal Dispatch io The Chicao Tribune. SeamNGsELD. LUl,, Jan. 6.—The Lailroud and Ware- | house Commissioters were in seston to-day, and | audited the financial report of W. H. Harper, Chicf | Taspector of Graln, for the month of December: Balance on kand, Dec. 1.... oneee e S20,612.79 Cash collected for tue month . . 3,826.0 Casl exrended on account of expense of of- fi.e, and refunded inspection fees of In- epector, . 4,332.15 Balance on hand, Dec. 31... eose$21, In addition to this, Mr. Harper haa m3de sale of the uncalled for samples of gruin which bave collected in bis office, for which Le realized §16239, This ths Board instructed him to earry to his balinco. During tho month there were but three inspections by tho Board of Appeals, PERSONAL. ToE crrY. J. M. Walker, President of the Chicazo, Dur- lington & Quincy Railroad, left for s East yes- | terday. ‘T. B. Dlackstone, Prosident of the Chicago & | Alton Railroad, has gone to New York on busi- | ness for bis Toad. : . Last evening, ths members of D. A. Cashman Lodge, No. 63, A. F. and A. M., r-eeited Dayid ' A. Cashman, their Past Grand Miaster, Wwith an elegaut gold wateh, valued at $400, The report which appeared in one or two morning papera that Jobn AMahoney, Btation- Keeper at the Armory, was sbout to ce removed, ! iy incorrect. Dr. Edmund Androws, of $his city, is men- tioned in connection with the anyointment a3 a member of the Board of Regents of the Smith- | sonian Institute, in which theze are now two vacancies, caused by the resignation of Precl- deut Woolsey aud the death or Prof, Agassiz. ‘Thomas Logaa, for some years foreman of the Galena and Wigconsin Division machine shops of the Northwestern Railway, has been ap- pointed Master Mechanic of the Madison Di- vigion mncbine sbhops. Alr. Logan his bLeen in the employ of the Company for many years, and hasgradually worked his way up to tho respon- sibie position which has just been given him. HOTEL ARRIVALS. Grand Pacific—Edward Windon, England ; Wm. Wilshire, Cinciunati; C. D. Gorham, Fort Wavne; J. R. Picton, St. Louis; David B. Lee, New York; 7. J. Elms, Boston. . . . . Palmer House—8. P. Noore, New York ; C. H. Wyckam, Baltimore; H:-A. Wright, Detroit; Wm. Hea- derson, Terre Haate; G. f. Williamson, Phila- delphis. . . . . Sherman House—O. S. Daker, Bt. Lounis; J. Emery, Bay City; D. M. Bing- bham, Columbus ; H. Wathinber, Paris, Francs ; R. P. Williams, New York. . . . . JMaifeson House—G. P. Hauson, Springfiold, Maas.; H. W. Wood, New York; . W. Wilsod, New Yorix. IN GENEBAL. Canadians want Jay Cooke & Co.'s private ac- count-books given fo the public. They think that some of the money went to affect iha Do- minion elections. The comment of an eminent lawyer upon being taformed that there was some talk in Con- giess of abolishing the offica of Chief-Justice, was: “Yes, I observe 0. The confirmation of Mr, Williama will do it effectually.”—New Yurk Tribune. Gen. Pavia y Lacy, who figured so conspleu- ously in tho Spanish Governmental crisis, is the Marquis of Novalesa, a Major-General of the Spanish Army, next in order of rank and com- mission to the Duke do Montpensier, aud fifth on the roll of Majors-General. His commiasion to Ius present rauk bears date 1863. Mrs, Marshal Bazaine is s besutiful Mexican woman, only 28 years of ngo, and with bright, intelligent features. She is said to favor Ada- lina Patti, and to love her husband devotedly. They have two children, a boy and s girl, the first 5 years old. No wonder the old maun be- came 80 excited when his sentence was an- noanced, Pleasantries of Washington life: Tha new Miuister to Spain, Caleb Cushing, visiting the Capitol snd ulluding to Williams as * that egregious aes;" the blue-blooded Fish snuf- flug at the supple-jointed atiorney; and the other Cabinet atlicers cherishing majevolencs to- ward the unlucky land-dauleteer who brings in- vestigation upon all of them. The Boston Adrertiser thivks that Fitz John™ Porter's request to have his case reopened 18 Teasonable, saying: *‘A eoldier of Gen. Pol ter’s fame and services ought not to be permi ted to snffer uhder an inexorable condemnation, if there {8 any probable cause for beileving the new evidence be is prepared to produce wonid sffect the judgment of his honorabfe compan- ious in arms, to whom it would be submitted.” Matthew Hale Smith (**Burlelgh ) ought to be well paid for his declaration thac Gran is ** tho ablest civil ruler in the world.” His cousin, Ar. Jomes Smith, recently elected Constabls over on the North Fork of Dirty-shirt Creck, in this county, brought in two new subecribers to the Weekly Courier-Journal the other day. | ** And now that I've got you them subecribers, 8aid he, “T'll tell you whatI want you todo: L want you to jest come right out and say in_ your paper that you'll everlastingly be d—d if "Jim ! Smith ain’t'the best Constable in the State of ! Kentucky."—Louisville Courier-Journal. i Esesrinldaidl ! A Claimant for the British Crown, ! i i London Cirrespendence of the Cincinnati Commercial Here is a circalar, just ont, admonishing us that another Claimant has sppeared, tho estato in this case being only the Crown of Euglend. Thomas trederick Georga Guelph, of £ Tho: hill Crescent, Barnsbury, London, proclaire his sbility and resolation to prove that ha is * Duke of York, Rightfal and f‘wf\fl Dercondant. b& the Logal Marriage botwoon, Georgo the Thiv | President ; N. Kravz, Astessor ; Al Wober, | £ | £2,868. -and Hanoah Lightoot, and eatitlod to 4 of - Hanover 'and tlio. Diagon - of a3 and - that tho so-called Irince of taley +is only entitled to the Aims of Saxe- = tho Aruis that were his _fathers.n c’rgs}"fr‘(: we will call bim for short) writes: My motfass father (the Rov. David Davies, who waa a sty Protesiant ministor, and the Iast male desceng: ant of Llewellyn, the King of Wales,), dfter hay. ing been dead many yeas, was excommunicaf Ly o prieat on Palm'Sanday, ic the year 1872, st St Albans, Brooke stroct, Hotborn, L., (% This is mysterious, but looks as if. Tom T. hag two etrings to that bow with which heisty €L0ot tho golden apple from Albert's bead. thio Tichborns trial must encourage him. How much will it cost to prove that iig is not tho s of George III. sod Haunah Lightfoot? It o odd how long thet pretty little Quakcreey Haonzh bauats the rosal house. Poor Kin, Georgo when ho fndulged in that fies tion could have bLad little idea that gt would give ' rise' to two Parliament ary debates and two costly- trials, no end to scandals, It is said that Queea Vi teris 228 not bévn 80 gay siuco ber hnsband's donrh a8 on the day when she heard of the doatp of M. Ruves—che old lady who, until thres sears ago, st by her fireless Learth fambling over the papers which (in ber beliof. and that of some of the best lawyors in England) entitleq ber to the crown ; and now Haunah, so repeat- edly lnid to reat, starts up in & now avatar, . _SUBURBAN NEWS. Lake View. The Board of Trustess of Lake Viow metir the Town Hall Jan. 6. Present: S, B. Cl: Sulzer, and J. C. Schieswohl, Commiscionaza of Higbways. - 2 TOLICE REPORT. The polics roport for December was recerve and ordered on file. Arrests made, 6; amouni of fines collected, $40 { ono person sent to the Crimival Court for stealing evergreens. A fira consumed tho barn and contents belonging to V. I. May, valued at €500, forcher damaga being prevented by the prompt ection of en. gines from the Webster Avenue Statlon. The yearly police report was order<d on fils, It ehows that the cost of the regular polica o was $3,012.08, and of ths special force, The $153, malung s total cost of £8,165.68. | number of arrests mado was 241. The amount ;-of fines imposed was §1,833; of fines suspended by Justices, $135; of other suspensions, §40; loss of fine by bresking out of station, £25; total, $200. Amount of finea collevted, 81,633 ; amount collected from team license, $620; from peddler and other liceases, 05; total collected, . MISCELLANEOUS. The resignation of L. L. Forrest: ss Captain of Police wxs read and aceapted. A potition” was read ‘asking that a salooa li- cenee bo issaed to Alts, Anns Paus, which war not granted; A relition from F. 8. Fininger, askieg zn ap~ pointment a8 patrolman, was Taid over. VOTE OF THANES. J The following was adopted unapimonsly Riesoired, That a votoof thanks be glvén to the mom= bers of engiue compazies of the Caicago Fire Dapart. ment for waluable and eficient services in our lows durlug the burning of Mr. V, H. May’a barn ontha 2ith day of Daceraber, 1574, RESOLUTIONS. ‘The following was also adopted ¢ Resvived, That, from and ofter this date, all petitfony coming before tlls Board sizll be read by the Oiutk, and referred, and laid over until ths messregulsd meeting of this Byard, The President of the Doard wasalso inatructed by resolution to pay to ihe Treaearer of tha Commissioners of Highways £1,000, and charga it 10 the road fand account; and also Lhat a sum not exceeding 3300 bg exrended underthe direo tivn of Commisstoner Weber in grading the west part of Peterson avenue. * y REMONSTRANCE. A remonstanco against the vacation of any pott of the bLighway in fue N, % corner of Sec. 8, 40, 14, aud runviog diagonaily N. W. to Borth line Sec. 6, 40, 14, wes laid over uatd next meeting > 5 Teawm liccoses Nos. 534 and 235 were ordered tranufesred from Patric diullius to John Koyes. DILLS, The following bills were zudited and allowed Asa F. Dradley, survevinz, $25; Saais-e tung, for Llaake, $26.60 ; Clerk Supreme Court, fees, ete., 815,355 L. M. Bredley (BLeritt ), feey, ete., $6.25; J. 1. Kickerme, pails; broowms, wicks, etc., $1.63; . Pettizresw, for meals to prigoners, 80 cents; monthly police bil's, 293.33, ‘Tho L.Us of Andrew Westberg for 956.62, and of A. Kech for $£33.60, wore referred to the President of the Board to pay tho sams if found correet. PLATS. . A profile showing grade of Sualzer street from the 100 foot rond to Lake ilichigan wasreceived, aud the grede as ehown on #sid profilo. 1t was adopicd. . Moulding & Iarland’s plat of Subdivision of N.E. X of 8. W. X of S. W.1{ Sec. 29, 40, 41, was suumi-ted aud approved as was atso Braacks | man & Gelizke's Subdisiaion S. 3¢ of N. 3¢ of N. L, tractional Jf of N. W. fractiozal 3¢ of Scc. 2, 40, 14, - * ‘Lhere being no further busincss the Board thon adjourned. Washington ficights. - The Military Academy at this placs will soon be 1eady for the reception of pnrils. Tho build- ing 18 of brick and stone, four stories high, and cost 565,000, ‘s THZ FEMALE COLLZOE. This enterprise 1a 1 the hands of an_incor rated company; capital stock, £100,000. Tha oiticers are s follows; Presideat, dir. L. P. Hilliard; Sccretary, Mr. John W. Carrington; Trustees, iessrs. George R. Clarxe, Heary Waller, J. E. Yourg, J. W. Carringtcn, Jr., aud L. P. Hilliard. The full amount of etock bas already been taken. Should no epocial deaw- backs occur, operations will be under full bead- way by the Ist of May. Tho building. as planncd by Messis. Burnbam & -Root, the srchitects, i to ba constructed of brick with stono fac- ings, four stories. and baserdont, baving & main part 45x30 feet, and two wings 5x102 feof, tho whole to be 75 foet in length, wich a lower 1eaching 125 feet. Lhe main part is to consist eniirely of seaool and lecture-rcoms, whiia tho wings will contain the chapel aud dormi- tories, with apartments to sccomwmodate £0)- boarders, being 80 arrapged that to every twelva rocms will bo one parlor, o teacher's xoum, sad bath-chamber, all keated by steam. The coroer of Spring strect and Highland avenue has beca selecsod as o suitablo Jocation for the scbeol, be- ing the higheet point in the vicinity of Weshinge toa Heigits. When completed the structurs 15 expected to cost $100,000. No defivite ariauge meuts have becn made aa yet 1n regard to he faculty, although the names of promin:nt £ro« fessors have been mentioned. For President, Prof. Gilbert Thayer, of Jacksonville, IiL, i8 epoken of. - . Austin, The citizens of tho village of Austin were about ( hrisimas time the recipieots of a valua- ble present in the shape of a superb hand fire- engine, pressnted to them by the Hoo H. W. Austin, the founder of the village—s present in every way useful and timoly, the viliage havisg been Leretofore entirefy unprepared to resist the devourivg element. The peoplo of ; this village have goue to work with alacnty, and havo orgaz izea a very efficieut ‘- Fire Corps.” At s mest- ing held by the citizona for tbe purpose uf re turning thianks to the donor of the engine, 8% which Mr. C. E. Cralts was chosen Chairmad, and Mr. C. J. Roberts, Secretars, the fallowidg resolntions were unsnimously sdopted : - - Wazseas, The Hon, H. W, Austin bss in truly 20 ble spirit donsted to the citizens of Austin, 843 “Christmas prescnt,” & hand fire-cniiae, 4 Resulced, That the thauks of the remdeats of 5 villago be estended o Mr. Auatin for his ever protect ing hond,and open puree, In hebalf of 0w gepert {iprovement, progress, and protection, Jiecolced, An further appreciaticn of this generott gift, that we strafghtway organize n fire cowpany fof immediate duty, and petition the Board of Trustees of the Town of Cicero to furnish us rujtable hose, storage for the same and engine, i Reaolred, Tuat o copy of theve resolutions be fo- warded 1 the Hon, IL. W. Anstin, and also 0 b5 Board of Trustecs, requeating action thereon. . 4 The same evening an organization was effect ed, a Constitution and by-luws adopted, and off- cers elected, as follows: Forcmsu, Kendrick Hughes; Firat Assistant, Freeborn Rellogg: Second Assistant, iI, B. Crafts; Third Assistanh H. A. Webber; Secreiary, Solomon Forrest; Treasurer, George E. Swinscoe. - . : Hyde Park. < At 1 o'clock yesterday morning & fire wes dis- covered by Ofiicer Byan in the large barn aod feed store. of Dodson & Fierce, opposita the house of Judpe Hibbard, on Hyde Park avenud near Chestnut strcet. The officer was ab b0 Yillage Iiall, making out his final report for the night, and had just written ¢ All's well,” whed Do waa startled by the light. Tha fire was set i the loft, and the barn and conients wara cOp° sumed. The horses and wagona were saved. . 18 waa inured for 3600 on barn and 8500 ou siock This ia the third fire within a menshy &8 within & half milo of each othez With o e A s ALY D B ey -