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518. This subject is discussed still more thorougly by Chief Justice COOLEY in his work on Constitutional Limitations, and summed up in the statement, "the law is applied by the judiciary and made by the legislature." Speaking of the danger from the abuse of judicial power, the same writer remarks: "No rule can be laid down in terms which may not contain the germ of great mischief to society by giving to private opinion and speculation a license to oppose themselves to the just and legitimate powers of government.” In this connection he refers to Wynehamer v. People.2

8 519. From his seat on the supreme bench of Vermont Chief Justice REDFIELD asserted and maintained as follows: "It has never been questioned, so far as I know, that the American legislatures have the same unlimited power in regard to legislation which resides in the British parliament, except where they are restrained by written constitution. That must be conceded, I think, to be a fundamental principle in the political organization of the American states. We cannot well comprehend how, upon principle, it should be otherwise. The people must, of course, possess all legislative power, originally. They have committed this in the most general and unlimited manner to the several state legislatures, saving only such restrictions as are imposed by the constitution of the United States, or of the particular states."3 If the learned judge had been aiming to meet the question in dis

1

Cooley, on Constitutional Limitations, 91.

2 13 N. Y. 391.

3

Thorpe v. Rutland and Burlington R. R. Co. 27 Vt. 142.

cussion, as presented by Illinois law, he could not have been more apposite. 1

1 The following are the citations made in the opinion to support the foregoing doctrine: Leggett v. Hunter, 19 N. Y. 445; Cochran v. Van Surlay, 20 Wend. 365; People v. Morrill, 21 Wend. 563; Sears v. Cottrell, 5 Mich. 251; Mason v. Wait, 4 Scam. 134; People v. Supervisors of Orange, 27 Barb. 593; Taylor v. Porter, 4 Hill, 144.

APPENDIX.

THE RAILWAYS OF ILLINOIS.

$520. The facts herein given are almost wholly condensed from the second annual report of the Railroad and Warehouse Commissioners, for the year ending December 1, 1872, a volume of 450 pages. For the sources of their information see sections 361-365. The usual gauge of Illinois railroads is 4 feet 8 inches. The gauge will be mentioned only when it varies from that rule. Of the general policy of the roads as regards deference to the statute intended to prevent extortion and discrimination, it may be remarked that while a new schedule of rates was adopted on the first of July, 1873, the policy was to equalize, somewhat, the rates, making an aggregate increase, and that, not unfrequently of 20 per cent. The increase then made was adopted for the purpose of making the law odious. Since then the rates have been somewhat modified. The answers given to the questions touching car services or transportation companies will be given in full, except where the reply is simply that no discrimination is shown.

$521. CHICAGO AND ALTON.-Capital stock, $11,355,300.00; all paid in. Total funded debt, $3,698,

000.00. No floating debt.

Total length of track, 6244

miles. Intersects with other railroads at 19 different points. Gives no exclusive privileges or preference to

any transportation company, person or corporation. Hauls 12 sleeping cars and 5 dining cars for the Pullman Palace Company. No stock dividends ever issued. During 1872 no passengers were killed; but August 16, 1873, a collision occurred near Lemont, in which 20 persons were killed. It was the most appalling casualty that ever occurred on an Illinois railroad. The company promises to lay a double track. Its business warrants the outlay, and the police power of the state could compel the construction, if necessary. It is estimated that the catastrophe will cost the company $500,000.

§ 522. CHICAGO, BURLINGTON AND QUINCY.-Capital stock, $18,652,910; all paid in. Total funded debt, $12,996,956.95. Floating debt, none. Length of track, 972 miles. Intersects with other roads at 15 points. Average charge per mile per 100 pounds through freight, 0.071-1 cts.; for local freight, 0.0159–1 cts. Annual amount through freight, 584,432 tons; of local freight, 1,144,130 tons. As regards transportation companies, the answer is: "The Merchants' Dispatch and Empire Line do business on the road at rates of commission agreed upon from time to time, and the usual mileage for use of cars. A cent and a half per mile, loaded or empty. Transportation companies repair their own cars. Business of no line is given a preference as to speed or order of transportation. This company is also owner in the Blue Line and Continental Line, each of which lines has a central management, maintained by each company comprising the lines, contributing proportionately to business done. Each road comprising the line seeks to place in the line its own proper proportion of cars, and in case of

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