ere grain or other property was stored
for a compensation, public warehouses, and expressly directed the
General Assembly to pass laws for the government of warehouses,
for the inspection of grain, and for the protection of producers,
shippers, and receivers of grain and produce.
"Promptly after the adoption of the Constitution the Legislature
attempted to give these provisions vitality by the enactment of
laws to carry them out. One of these created the Railroad and
Warehouse Commission and imposed on it important duties. Another
was an act to regulate public warehouses and warehousing. By this
act other important duties were imposed upon the Railroad and
Warehouse Commission."
After reviewing the attempt to enforce these laws the message
continues:
"In 1873, the present law to prevent extortion and unjust discrimination
in rates charged for the transportation of passengers and freight
on railroads in this State was passed. It was prepared and enacted
with the decision of the Supreme Court in the case of _Illinois_
vs. _C. and A. R. R._, fresh in the minds of the members of the
General Assembly, and every suggestion made by the court was
observed.
"The Commission since the enactment of this statute has brought
many suits against railroad corporations for violation of the law."
After reviewing the various cases I proceeded:
"In 1871, the Railroad and Warehouse Commission was established.
Its creation was resisted by both railroad corporations and public
warehousemen, and after its organization they treated it with little
consideration. They refused to recognize its authority, but after
the decision of the Supreme Court of the United States declaring
the doctrine that the Government may regulate the conduct of its
citizens to each other, and, when necessary, for the public good,
the manner in which each shall use his own property, the railroad
corporations and public warehousemen began to grow less determined
in their opposition to the attempts to control them, until at this
time there is very little opposition. They now give prompt attention
to requests of the Commission for the correction of abuses called
to its notice by their patrons; and thus the Commissioners not only
settle questions arising between railroad corporations and those
who patronize them, but it may as truthfully be said of this as of
the English or Massachusetts Commission, that the very fact of its
existence has put an end to man
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