Legislature, now in session, to rise above personal considerations of pecuniary interest or convenience, and to pass a law making it a misdemeanor for any Senator, or other State or county officers, to accept any railroad pass, knowing, as we do, that the people look upon the acceptance of these passes with decided and almost universal disapprobation.

WHEREAS, The Constitution of 1848, Article X, prohibits the Legislature from granting special railroad charters in the following words: "And corporations not possessing banking powers or privi leges, may be formed under general law, but shall not be created by special acts, except for municipal purposes; and in cases where, in the judgment of the General Assembly, the objects of the corporation can not be attained under general laws," therefore,

Resolved, That it is extremely doubtful whether any railroad charter granted since April 1, 1848, by the Legislature of Illinois is of any validity, and that the vested rights of railroad monopolies in this State exist only by assumption of the monopolies and the suferance of the people.

WHEREAS, The Constitution of 1870, Article XI, Section 13, prohibits any railroad company from issuing watered stock, in these words: "No railroad corporation shall issue any stock or bonds except for money, labor, or property actually received and applied to the purposes for which such corporation was created; and all stock, dividends, and other fictitious increase of the capital, stock, or indebtedness of any such corporation shall be void. The capital stock of no railroad corporation shall be increased for any purpose, except upon giving sixty days' public notice in such manner as may be provided by law;" and,

WHEREAS, This article of the Constitution has probably been violated by nearly all the railroad companies in the State; therefore, Resolved, That it is the duty of the Railroad Commissioners to look carefully into this matter, and to commence proceedings in all clear cases by quo warranto, or otherwise, against all railroad companies which have disregarded this important provision of the organic law of the State.

Resolved, That we regard the improvement of the Illinois River as not sectional, but of great importance; and we request the members

DIVIDED COUNSELS.

289

of the House of Representatives to vote for the bill now pending for the improvement of that river, as it will give our State absolutely into the hands of the people.

Resolved, That we demand of Congress a repeal of all laws preventing the competition of small vessels, which may choose to engage in the carrying trade on our inland lakes between ports in the United States, without regard to nationality.

Resolved, That we are in favor of the immediate repeal of the protective duties on iron, steel, lumber, and all materials which enter into the construction of railroad cars, steamships, sailing vessels, agricultural implements, etc., and that we urge upon Congress immediate action for this purpose, that cheap railroads and cheap ships are necessary to cheap freights; and that we invite the railroad companies to co-operate with us to that end.

DIVIDED COUNSELS.

In the debate which arose upon the resolutions, it became apparent that the friends of free trade and of protection were about equally represented. A long discussion of a disorderly character took place, and various expedients were resorted to for the purpose of impeding action. One delegate said that party wire-pullers were at work to use the Convention to forward local improvements, and for political purposes. Finally, the resolutions were taken separately, and passed unanimously, until the question of passes to legislators and other government officers came up. This brought on an excited debate. It was passed, however, with an addition that the Legislature was requested to enact a law restricting members' pay to the time when actually in service. The resolution relating to the Illinois River was laid on the table amid much excitement. The tariff resolution was objected to, as being a side issue and not connected with the objects of the Convention. The meeting

seemed about equally divided, but the chairman declared the resolution carried.

Additional resolutions were adopted, as follows: Requesting the Legislature to pass a railroad law before it adjourned; that the practice of legislators voting on questions on which they are directly interested, is contrary to public morality; that it is one of the necessary measures of railroad reform that the laws that make the stocks of railroad corporations personal property, be repealed, and the law so amended as to withdraw such stock from speculation, and give to them the permanency and certainty of ownership of the railroads themselves; demanding that railroads be no longer assessed taxes at less than one-tenth of their value; and recommending that farmers keep a "farm expenses" account, so that the actual cost of production may be ascertained and made public. Some minor work closed the first day's proceedings.

CONCERNING RECONSIDERATION.

On reassembling, it appeared that there were but seventyfive delegates present, the remainder of those present on the first day having gone home, considering the main business of the Convention over. The advocates of the Illinois River improvement made an effort to revive the resolution relating thereto, but failed.

Senator Castle delivered a talented address, in which he enlarged upon the power of the railroads, and said that the question to be settled first was, "Do the railroads control the State, or does the State control the railroads?" Let the aims be single until these corporations acknowledge the supremacy of the law, and yield obedience thereto.

Mr. S. M. Smith said the tariff resolution was a bone of

CONCERNING RECONSIDERATION.

291

contention, and ought not to have been introduced. The Convention should have confined itself to the railroad question, and left out all disturbing issues. He ended by moving that the vote by which the tariff resolution was adopted be reconsidered. It was also moved to reconsider the resolution censuring the President. It was decided that the consideration of the two resolutions be postponed, and the Convention adjourned.

CHAPTER XXIV.

THE TEST CASE ON THE UNCONSTITUTIONAL ILLINOIS RAILROAD LAW.

THE MCLEAN COUNTY TEST CASE.

In obedience to the demand for action regulating railroads and preventing unjust discriminations, the Legislature of Illinois, in April, 1871, passed a bill entitled "An Act to prevent unjust discriminations and extortions in the rates to be charged by the different railroads in this State for the transportation of freight on said roads." This act declared that no railroad corporation should charge for the transportation of property on its road, for any distance, the same, nor any larger or greater amount, as toll or compensation, than was at the same time charged or collected for the transportation of similar quantities of the same class of property over a greater distance upon the same road, nor should any railroad corporation charge or collect for the transportation of property over any portion of its road, a greater amount as toll or compensation than should be charged or collected by it for the transportation of similar quantities of property of the same class over any other portion of its road of equal distance; and that different charges for receiving, handling, and delivering freight at different points should not be