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1705718

ILLINOIS.

THE RELATIONS OF RAILROADS TO THE PEOPLE, AS SET FORTH
IN THE CONSTITUTION, THE STATUTES AND THE DECISIONS
OF ILLINOIS; TOGETHER WITH THE DECISIONS OF OTHER
STATES AND THE FEDERAL COURTS UPON THE CON-
STITUTIONAL QUESTIONS INVOLVED.

WITH AN

INTRODUCTION BY HON. JOHN M. PALMER,

AND AN APPENDIX SHOWING THE CONDITION OF ALL THE RAIL-
WAYS IN THE STATE, AND THE TARIFF SCHEDULE

PREPARED IN ACCORDANCE WITH LAW.

BY FRANK GILBERT.

"A Corporation holds its Rights and Franchises Subordinate to the
General Welfare of Society."-Supreme Court of Illinois.

CHICAGO:

CALLAGHAN AND COMPANY

Entered according to Act of Congress, in the year 1873, by

FRANK GILBERT,

In the Office of the Librarian of Congress, at Washington.

PREFACE.

All who give special attention to the subject of rail- · roads in their relations to the public, are intently watching Illinois. This is alike true, whether railways are considered from a legal, an economic or a political point of view. The present constitution and recent railway legislation of the State, together with the decision of the Supreme Court based thereon, explain and abundantly justify this prominence. It is obvious that while, in its leading features, the common carrier law is substantially the same as administered in the different States, yet there are many points of diversity, as the result both of legislation and judicial decision. Those special features in this State are of such a nature as to make Illinois the pathfinder in the present effort to readjust the carrying trade of the country. This treatise is largely the result of investigations prosecuted with no thought of book-making. The writer has constant occasion, in the performance of his daily work, to state some phase of railway law, and has often found it necessary to consult many authorities in ascertaining positively the correct answer to what might seem to be a very simple question. Throughout these pages scrupulous care has been taken to avoid blending mere personal opinions with the authoritative utterances of the judiciary, and the exact limitations of the written law. Great caution

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