of appointing a committee of appeals, and to fix the fees in cases of appeal, except that a maximum is fixed by law, namely: three dollars to each member of the committee for each case.1

§ 385. It will be observed that the warehouse article of the constitution aims to correct certain railway abuses in the carriage of grain. The law has not been effective in all its parts, but has proved of great benefit even as partially enforced. The full text of the statute is as follows, viz.:

§ 386. Every railroad corporation, chartered by or organized under the laws of this state, or doing business within the limits of the same, when desired by any person wishing to ship any grain over its road, shall receive and transport such grain in bulk, within a reasonable time, and load the same either upon its track, at its depot, or at any warehouse adjoining its track, or side track, without distinction, discrimination, or favor between one shipper and another, and without distinction or discrimination as to the manner in which such grain is offered to it for transportation,

1It is worthy of remark that while the delegation to the commissioners of duties assigned to the general assembly by the constitution in railway matters was pronounced by the enemies of the policy unconstitutional, the adoption of the same policy in grain grading was unchallenged in its validity. The expediency, as well as legality of the policy, is essentially the same in both cases. It is impossible for legislation to adapt itself to the varying demands of different times and occasions. A degree of elasticity in grain inspection and transportation charges if not indispensable, is certainly eminently desirable, provided only it can be obtained without opening wide the door to abuses and injustice.

or as to the person, warehouse or place to whom or to which it may be consigned.1

§ 387. And at the time such grain is received by it for transportation, such corporation shall carefully and correctly weigh the same, and issue to the shipper thereof a receipt or bill of lading for such grain, in which shall be stated the true and correct weight. And such corporation shall weigh out and deliver to such shipper, his consignee or other person entitled to receive the same at the place of delivery, the full amount of such grain, without any deduction for leakage, shrinkage or other loss in the quantity of the In default of such delivery, the corporation so failing to deliver the full amount of such grain, shall pay to the person entitled thereto the full market value of any such grain not delivered, at the time and place when and where the same should have been delivered.

same.

§ 388. If any such corporation shall, upon the receipt by it of any grain for transportation, neglect or refuse to weigh and receipt for the same, as aforesaid, the sworn statement of the shipper, or his agent having personal knowledge of the amount of grain so shipped, shall be taken as true, as to the amount so shipped; and in case of the neglect or refusal of any such corporation, upon the delivery by them of any grain, to weigh the same as aforesaid, the sworn statement of the person to whom the same was delivered, or his agent having personal knowledge of the weight

1 It is worthy of note, as showing the value of statutory provisions supplemental to acknowledged common law principles, that while this doctrine has been affirmed often and applied, its violation was habitual and open, prior to the statute. It is now very generally, if not uniformly, respected and obeyed.

thereof, shall be taken as true as to the amount delivered; and if by such statements it shall appear that such corporation has failed to deliver the amount so shown to be shipped, such corporation shall be liable for the shortage, and shall pay to the person entitled thereto the full market value of such shortage, at the time and place when and where the same should have been delivered. 1

§ 389. At all stations or places from which the shipment of grain by the road of any such corporation shall have amounted, during the previous year, to 50,000 bushels or more, such corporation shall erect and keep in good condition for use, and use in weighing grain to be shipped over its road, true and correct scales, of proper structure and capacity for the weighing of grain by car load, in their cars. After the same shall have been loaded, such corporation shall carefully and correctly weigh each car upon which grain shall be shipped from such place or station, both before and after the same is loaded, and ascertain and receipt for the true amount of grain so shipped. If any such corporation shall neglect or refuse to erect and keep in use such scales, or shall neglect or refuse to weigh, in the manner aforesaid, any grain shipped in bulk from any station or place, the sworn statement of the shipper, or his agent having personal knowledge of the

1 This provision is designed to cure a very serious evil; but its enforcement has thus far been the exception, rather than the rule. No plan has yet been devised which would be apposite to all cases. The great difficulty seems to be the delay incident to weighing, although the expense would be no inconsiderable item.

amount of grain shipped, shall be taken as true as to the amount so shipped.

§ 390. In case any railroad corporation shall neglect or refuse to comply with any of the requirements of sections 1, 2 and 5 of this act, it shall, in addition to the penalties therein provided, forfeit and pay for every such offense, and for each and every day such refusal or neglect is continued, the sum of $100, to be recovered in an action of debt before any justice of the peace, in the name of the people of the state of Illinois; such penalty or forfeiture to be paid to the county in which the suit is brought, and shall also be required to pay all costs of prosecution, including such reasonable attorney's fees as may be assessed by the justice before whom the case may be tried.

§ 391. Every railroad corporation which shall receive any grain in bulk for transportation to any place within the state, shall transport and deliver the same to any consignee, elevator, warehouse or place to whom or to which it may be consigned or directed: Provided, such person, warehouse or place can be reached by any track owned, leased or used, or which can be used by such corporation; and every such corporation shall permit connections to be made and maintained with its track to and from any and all public warehouses where grain is or may be stored. 1

§ 392. Any such corporation neglecting or refusing to comply with the requirements of this section, shall be liable to all persons injured thereby for all damages which they may sustain on that account, whether such

1 At first this blow at warehouse monopoly was resisted, but its justice has been judicially recognized, and the desired reform is now an accomplished fact.

damages result from any depreciation in the value of such property by such neglect or refusal to deliver such grain as directed, or in loss to the proprietor or manager of any public warehouse to which it is directed to be delivered, and costs of suit, including such reasonable attorney's fees as shall be taxed by the court.

$393. And in case of any second or later refusal of such railroad corporation to comply with the requirements of this section, such corporation shall be, by the court, in the action on which such failure or refusal shall be found, adjudged to pay for the use of the people of this state, a sum of not less than $1,000 nor more than $5,000, for each and every failure or refusal, and this may be a part of the judgment of the court. in any second or later proceeding against such corporation.

§ 394. In case any railroad corporation shall be found guilty of having violated, failed, or omitted to observe and comply with the requirements of this section, or any part thereof, three or more times, it shall be lawful for any person interested to apply to a court of chancery, and obtain the appointment of a receiver, to take charge of and manage such railroad corporation, until all damages, penalties, costs, and expenses adjudged against such corporation for any and every violation shall, together with interest, be fully satisfied.1

§ 395. All consignments of grain to any elevator or public warehouse shall be held to be temporary, and subject to change by the consignee or consignor at any

This is the only instance in which the appointment of a receiver for a railway company is explicitly contemplated by statute. The subject of injunctions and receivers is treated in chap. ii, division 4.