RAILROAD DISCRIMINATIONS.
On motion of Mr. STEWART of Rush, his bill [H. R. 105] in relation to the transportation of freight and passengers on the railroads page: 515[View Page 515] in this State--the special order for this morning--was taken up.
On motion of Mr. OSBORN the constitutional restriction was removed as to the action on this bill, and also as to the action on his Terre Haute and Richmond railroad bill, [H. R. 138] and the Louisville, New Albany and Chicago railroad bill [H. R. 272]--yeas 68, nays 9.
Mr. OSBORN moved that Mr. Stewart, of Rush's railroad passenger and freight rates bill [H. R. 105] be considered as engrossed.
The bill as amended, provides that local freight shall not pay more than seventy-five per cent. proportionally higher rates than through freight, etc. Passengers fare shall not exceed three and a half cents per mile, provided that nothing shall prevent the charge of fifteen cents etc.
Mr. VATER proposed to amend by saying "fixed or charged," instead of "fixed and charged," in the first section.
It was laid on the table.
Mr. WILLIAMS of Knox, suggested that Mr. Odell's amendment--trains shall stop for passengers at all stations is still pending.
On motion Mr. PIERCE of Porter, it was laid on the table.
The pending amendment, grading the price of way freight, for ten, twenty, thirty, etc., miles, and striking out the fourth and fifth sections, was being read when--
Mr. STEWART of Rush, moved to lay on the table that in the amendment which proposes to strike out the fourth and fifth sections.
It was so ordered.
Mr. WILLIAMS of Knox, considered that if the fixed in the amended bill were altered we could pass no bill on the subject.
The amendment was laid on the table.
Mr. COFFROTH proposed to add; It shall be lawful for any person to ride on any train of such railroad company, either passenger or freight, upon payment of the usual charge.
Mr. STEPHENSON considered that such a general law will not do, because of the increased danger of riding on the freight trains, and because of the railroad company's common law liability as common carriers. The bill was stringent enough to answer the demands of the people.
Mr. DUNN proposed to add after the words "usual charge," these: "either to the station agent or conductor of any train."
Mr. COFFROTH accepted the amendment.
Mr. PIERCE of Porter, moved to amend by requiring that a caboose car shall be attached to freight trains for the accommodation of such passengers as may ask passage therein. The debate on these proposed amendments was indulged in by Messrs. Welborn, Coffroth, McDonald, Pierce of Porter, Huddell, Beeler, and others.
Mr. RUDDELL and Mr. BEELER, also offered amendments, requiring and regulating stoppings of trains at the stations.
Mr. MONROE moved, ineffectually, to lay Mr. Dunn's and Mr. Coffroth's amendments on the table.
Mr. COFFROTH, in reply to Mr. Stephenson, said his impression was adverse to the power of the Legislature to pass such a bill, but as a Representative, he was willing to vote for the law and let it go to the Courts.
Mr. STEWART of Rush, stated that the matter has been submitted, and lawyers of the city had accorded written opinions sustaining the power of the Legislature in the case, and the constitutionality of the bill. He asked for their reading.
The Clerk accordingly read the legal opinions of the honorable B. K. Elliott and the James Morrison.
Mr. FIELD of Lake, stated that there are neither provisions or facilities for passengers on freight trains, and this amendment would give facilities for robbers and marauders to invade these trains.
Mr. MONROE was in favor of the bill, and did not want to see it clogged with amendments. Parties would raise for the purpose of troubling the Company.
Mr. DAVIDSON spoke in favor of the amendment. The community would not seek this mode of traveling as a general thing. He gave instances of the convenience of such a law, and answered objections.
Mr. McFADIN. The difficulty was that this passenger money paid to freight train conductors is considered pocket money, and there is no security that they will report it to the Company. He considered the amendment right and proper, and gave examples showing the propriety of it. He would be willing to exempt the company from liability in such cases.
Mr. VATER proposed the words "at their own risk."
Mr. FIELD of Lake, suggested to include baggage.
Mr. COFFROTH. It will cover that.
Mr. JOHNSON of Parke, opposed the amendments as clogs to the bill, and he was opposed to removing any liability of railroads as common carriers.
Mr. COFFROTH proposed further to amend the amendments so as to provide that conductors or employes refusing to carry shall upon conviction, be deemed guilty of a misdemeanor, and fined in any sum not less than fifty nor more that five hundred dollars.
Mr. STEWART of Rush, appealed to the House against all these amerdments.
Mr. RUDDELL then moved an amend page: 516[View Page 516] ment, which was read, for information, that this provision shall not apply to through trains and the passenger assumes risks of accidents.
Mr. COFFROTH accepted it as a modification of his amendment. He explained the order of these several amendments; any person may ride at his own risk, upon paying, and the conductor's refusal involves a penalty.
And then--
The House took a recess till two o'clock p.m.
