urer of the State of Vermont,) $4,386 80; | $416,291 20; average per Senator, $5,T. M. Norwood, $4,169 60; J. W. Nye, $2,- 625 55}}. 076 80; T. W. Osborn, $3,440; J. W. Pat- Under same act, from March 4, 1872, to terson, $4,280; S. C. Pomeroy, $3,320; March 3, 1873, during which year members John Pool, $4,620 80; M. W. Ransom, $4,- of the Senate received mileage for attend817 60; B. F. Rice, $3,200; T. J. Robert- ing the special session of the Senate, held son, $4,374 80; F. A. Sawyer, $4,294 40; | in May, 1872, the following amounts were George E. Spencer, $4,106; W. Sprague, paid: Compensation, $370,000; mileage, $4,508; W. M. Stewart, $1,486 40; J. P. $59,002 80; newspapers and stationery, $9,Stockton, $1,790; T. W. Tipton, $3,358; 250; total, $438,252 80; average per SenLyman Trumbull, $3,980; G. Vickers, $4,-ator, $5,922 2317. such action. 880; J. R. West, $2,468 80. Total compensation and allowance of III.-Names of Senators who covered into Senators under act of March 3, 1873: the Treasury amounts due them under re- Compensation, $555,000; traveling extroactive provisions of law, with date of penses, based upon the certificates of fortysix Senators, (twenty-eight having preThere is no record in my office showing sented none,) amounting to $4,607 95, givthat any Senator covered into the Trea-ing an average of $100 17x74=$7,412 58; sury any money to which he was entitled total, $562,412 58; average per Senator, $7,600 17. by the retroactive provisions of either of the acts of September 22, 1789, March 19. 1816, January 22, 1818, August 16, 1856, or July 28, 1866. The following Senators covered into the Treasury the amounts due them under the retroactive provision of the act of March 3, 1873, namely: 1873.-May 26, H. B. Anthony, $4,497 20; June 23, W. A. Buckingham, $4,553 60; May 21, R. E. Fenton, $4,184; June 2, F. T. Frelinghuysen, $4,641 80; May 19, H. Hamlin, $4,136; August 14, O. P. Morton, $3,922 40; April 9, Ď. D. Pratt, $4,121 60; August 25, A. Ramsey, $3,041 40; March 28, C. Schurz, $3,761 60; May 9, John Scott, $4,733 06; July 11, John Sherman, $4,336 40; May 2, C. Sumner, $1,445 60; May 22, A. G. Thurman, $4,359 20; March 28, Henry Wilson, $4,448; September 6, 28, Henry Wilson, $4,448; September 6, George G. Wright, $3,140 80. NOTE.-Several of these Senators, as well as others who have not either drawn or covered into the Treasury the amounts due them under the retroactive provision of the act of 1873, expressed to me their intention to allow the money to lapse into the Treasury by the ordinary operation of law, which they supposed would occur July 3, 1873. After learning that it could not be covered in, except by their order, before July 3, 1875, some gave me written instructions to anticipate the latter date. I am unable to furnish from any information in my office the names of Senators who themselves paid into the Treasury salary drawn under the act of 1873 or previous acts. I have not furnished the names of Senators who have left increased salary undrawn, as this information was not called for in the resolution. IV. A Comparative Statement. Total compensation and allowance of Senators, under act of July 28, 1866, from March 4, 1871, to March 3, 1872: Compensation, $370,000; mileage, $37,041 20; stationery and newspapers, $9,250; total, In connection with this were statements, prepared by the Secretary of the Senate, and laid before that body by Senator CAMERON, January 9, 1874, of the amounts of mileage paid in dollars (cents omitted) and 1866, are given. The act of 1856 fixed at particular dates under the acts of 1856 mileage at forty cents per mile each way, and the act of 1866 fixed it at twenty cents per mile each way. Returning Boards. At the second session of the 42d Con gress that body, and the President as well, in connection with politics-an actual conwere compelled to consider a new question flict of State Governments. There had always been, in well regulated State governments, returning boards, but with a view citizens of the South from intimidation, the better to guard the newly enfranchised bold and radical leaders, had greatly the Louisiana Republicans, under very strengthened the powers of her returning boards. It could canvass the votes, reject the returns in part or as a whole of parishes where force or fraud had been used, and could declare results after such made several removals and appointments revision. The Governor of Louisiana had of State officers for the purpose mainly of making a friendly majority in the returning board, and this led to the appointment gitimate returning board. of two bodies, both claiming to be the lefollowed two State governments and legisThere soon latures, the Democratic headed by GoverGovernor Wm. Pitt Kellogg, later in the nor John McEnery, the Republican by U. S. Senate. Kellogg brought suit against the Democratic officers before Judge Durell, of the Federal District Court, and obtained an order that the U. S. Marshal (S. B. Packard, afterwards Governor), should seize the State Houseand prevent the meetings of the McEnery legislature. Then both governments were hastily inaugurated, and claimed the recognition of Congress. The Senate Committee reported that Judge Durell's decision was not warranted, but the report refused a decisive recognition of either government. A bill was introduced declaring the election of Nov. 4, 1872, on which this condition of affairs was based, null and void, and providing for a new election, but this bill was defeated by a close vote. Later on, Louisiana claimed a large share in National politics. Somewhat similar troubles occurred in Alabama, Arkansas, and Texas, but they were settled with far greater case than those of LouisiThe correspondence in all of these cases was too voluminous to reproduce here, and we shall dismiss the subject until the period of actual hostilities were reached in Louisiana. ana. The Grangers. relation thereto, and to repeal an aot entitled "An act to prevent unjust discrimination and extortions in the rates to be charged by the different railroads in this State for the transportation of freights on said roads," approved April 7, A. D. 1871. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, If any railroad corporation, organized or doing business in this State under any act of incorporation, or general law of this State now in force, or which may hereafter be enacted, or any railroad corporation organized or which may hereafter be organized under the laws of any other State, and doing business in this State, shall charge, collect, demand, or receive more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its track, or any of the branches thereof, or upon any railroad within this State which it has the right, license, or permission to use, operate, or control, the same shall be deemed guilty of extortion, and upon conviction thereof shall be dealt with as hereinafter provided. passengers or freight of any description, or for the use and transportation of any railroad car upon its said road, or upon any of the branches thereof, or upon railroads connected therewith, which it has the right, license, or permission to operate, control, or use, within this State, the same shall be deemed guilty of having violated the provisions of this act, and upon conviction thereof shall be dealt with as hereinafter provided. So early as 1867 a secret society had been forined first in Washington, known as the Patrons of Husbandry, and it soon succeeded in forming subordinate lodges or grange in Illinois, Wisconsin, and other States. It was declared not to be politi- ! SEC. 2. If any such railroad corporation cal: that it- object was co-operation among aforesaid shall make any unjust discrimifarmers in purchasing supplies from first nation in its rates or charges of toll, or hands, so as to do away with middle-men, compensation, for the transportation of but, like many other secret organizations, it was soon perverted to political purposes, and for a time greatly disturbed the political parties of the Western States. This was especially true of the years 1873-74, when the Grangers announced a contemplated war on railroad corporations, and Succeeded in carrying the legislatures of Illinois and Wisconsin, and inducing them subsequently to pass acts, the validity of which the Supreme Courts of the State, under a temporary popular pressure which was apparently irresistible, could not sustain. The effect of these laws was to almost bankrupt the Illinois Central, theretofore wealthy, to cripple all railroads, to interfere largely with foreign exports, and to react against the interests of the people of the States passing them, that the demand for repeal was soon very much greater than the original demand for passage. As these laws, though repealed, are still often referred to in the discussion of political and corporate questions, we give the text of one of them : Illinois Railroad Act of 1873. An Act to prevent extortion and unjust discrimination in the rates charged for the transportation of passengers and freights on railroads in this State, and to punish the same, and prescribe a mode of procedure and rules of evidence in SEC. 3. If any such railroad corporation shall charge, collect, or receive for the transportation of any passenger, or freight of any description, upon its railroad, for any distance within this State, the same or a greater amount of toll or compensation than is at the same time charged, collected, or received for the transportation, in the same direction, of any passenger, or like quantity of freight of the same class, over a greater distance of the same railroad; or if it shall charge, collect, or receive at any point upon this railroad a higher rate of toll or compensation for receiving, handling, or delivering freight of the same class and quantity than it shall at the same time charge, collect, or receive at any other point upon the same railroad; or if it shall charge, collect or receive for the transportation of any passenger, or freight of any description, over its railroad a greater amount as toll or compensation strued so as to exclude other evidence tend- than shall at the same time be charged, collected, or received by it for the transportation of any passenger or like quantity of freight of the same class, being transported in the same direction over any portion of the same railroad of equal distance; or if it shall charge, collect, or receive from any person or persons a higher or greater amount of toll or compensation than it shall at the same time charge, collect, or receive from any other person or persons for receiving, handling, or delivering freight of the same class and like quantity at the same point upon its railroad; or if it shall charge, collect, or receive from any person SEC. 4. Any such railroad corporation or persons for the transportation of any guilty of extortion, or of making any unfreight upon its railroad a higher or great- just discrimination as to passenger or er rate of toll or compensation than it shall freight rates, or the rates for the use and at the same time charge, collect, or receive transportation of railroad cars, or in refrom any other person or persons for the ceiving, handling, or delivering freights transportation of the like quantity of freight shall, upon conviction thereof, be fined in of the same class being transported from any sum not less than one thousand dolthe same direction over equal distances of lars ($1,000) nor more than five thousand the same railroad; or if it shall charge, dollars ($5,000) for the first offense; and collect, or receive from any person or per- for the second offense not less than five sons for the use and transportation of any thousand dollars ($5,000) nor more than railroad car or cars upon its railroad for any ten thousand dollars ($10,000;) and for distance the same or a greater amount of the third offense not less than ten toll or compensation than is at the same thousand dollars ($10,000) nor more than time charged, collected, or received from twenty thousand dollars ($20,000;) and any person or persons for the use and trans- for every subsequent offense and convicportation of any railroad car of the same tion thereof shall be liable to a fine of class or number, for a like purpose, being twenty-five thousand dollars ($25,000:) transported in the same direction over a Provided, That in all cases under this act greater distance of the same railroad; or either party shall have the right of trial if it shall charge, collect, or receive from by jury. any person or persons for the use and trans- SEC. 5. The fines hereinbefore provided portation of any railroad car or cars upon for may be recovered in an action of debt its railroad a higher or greater rate of toll in the name of the people of the State of or compensation than it shall at the same Illinois, and there may be several counts time charge, collect, or receive from any joined in the same declaration as to extorother person or persons for the use and tion and unjust discrimination, and as to transportation of any railroad car or cars passenger and freight rates, and rates for of the same class or number, for a like the use and transportation of railroad cars, purpose, being transported from the same and for receiving, handling, or delivering point in the same direction over an equal freights. If, upon the trial of any case distance of the same railroad; all such dis- instituted under this act, the jury shall criminating rates, charges, collections, or find for the people, they shall assess and receipts, whether made directly or by means return with their verdict the amount of of any rebate, drawback, or other shift or the fine to be imposed upon the defendant, evasion, shall be deemed and taken against at any sum not less than one thousand such railroad corporation as prima facie dollars ($1,000) nor more than five thouevidence of the unjust discriminations sand dollars ($5,000,) and the court shall prohibited by the provisions of this act, render judgment accordingly; and if the and it shall not be deemed a sufficient ex-jury shall find for the people, and that the cuse or justification of such discriminations defendant has been once before convicted on the part of such railroad corporation, of a violation of the provisions of this act, that the railway station or point at which they shall return such finding with their it shall charge, collect, or receive the same verdict, and shall assess and return with or less rates of toll or compensation for the their verdict the amount of the fine to be transportation of such passenger or freight, imposed upon the defendant, at any sum or for the use and transportation of such not less than five thousand dollars ($5,000) railroad car the greater distance than for nor more than ten thousand dollars ($10,the shorter distance, is a railway station or 000,) and the court shall render judgment point at which there exists competition accordingly; and if the jury shall find for with any other railroad or means of trans- the people, and that the defendant has portation. This section shall not be con- been twice before convicted of a violation of the provisions of this act, with respect SEC. 6. If any such railroad corporation shall, in violation of any of the provisions of this act, ask, demand, charge, or receive of any person or corporation, any extortionate charge or charges for the transportation of any passengers, goods, merchandise, or property, or for receiving; handling, or delivering freights, or shall make any unjust discrimination against any person or corporation in its charges therefor, the person or corporation 80 offended against may for each offense recover of such railroad corporation, in any form of action, three times the amount of the damages sustained by the party aggrieved, together with cost of suit and a reasonable attorney's fee, to be fixed by the court where the same is heard, on appeal or otherwise, and taxed as a part of the costs of the case. and the Attorney General shall consent thereto. SEC. 8. The railroad and warehouse commissioners are hereby directed to make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of reasonable maximum rates of charges for the transportation of passengers and freight and cars on each of said railroads; and said schedule shall, in all suits brought against any such railroad corporations, wherein is in any way involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken, in all courts of this State, as prima facie evidence that the rates therein fixed are reasonable maximum rates of charges for the transportation of passengers and freights and cars upon the railbeen respectively prepared. Said commisroads for which said schedules may have sioners shall, from time to time, and as often as circumstances may require, change and revise said schedules. When such schedules shall have been made or revised as aforesaid, it shall be the duty of said as aforesaid, it shall be the duty of said to be made for three successive weeks, in commissioners to cause publication thereof some public newspaper published in the That the schedules thus prepared shall city of Springfield in this state: "Provided, not be taken as prima facie evidence as herein provided until schedules shall have been prepared and published as aforesaid for all the railroad companies now organized under the laws of this State, and until the fifteenth day of January, A. D. 1874, or until ten days after the meeting of the next session of this General Assembly, provided a session of the General Assembly shall be held previous to the fifteenth day of January aforesaid." All such schedules, purporting to be printed and published as aforesaid, shall be received and held, in all such suits, as prima facie the schedules of said commissioners, without further proof than the production of the paper in which they were published, together with the certificate of the publisher of said paper that the schedule therein contained is a true copy of the schedule furnished for publication by said commissioners, and that it has been published the above specified time; and any such paper purporting to have been published at said city, and to be a public newspaper, shall be presumed SEC. 7. It shall be the duty of the railroad and warehouse commissioners to personally investigate and ascertain whether the provisions of this act are violated by any railroad corporation in this State, and to visit the various stations upon the line of each railroad for that purpose, as often as practicable; and whenever the facts in any manner ascertained by said commissioners shall in their judgment warrant such prosecution, it shall be the duty of said commissioners to immediately cause suits to be commenced and prosecuted against any railroad corporation which inay violate the provisions of this act. Such suits and prosecutions may be instituted in any county in the State, through or into which the line of the railroad corporation sued for violating this act may extend. And such railroad and warehouse commissioners are hereby author- to have been so published at the date ized, when the facts of the case presented to them shall, in their judgment, warrant the commencement of such action, to employ counsel to assist the Attorney General in conducting such suit on behalf of the State. No such suits commenced by said commissioners shall be dismissed, except said railroad and warehouse commissioners thereof, and to be a public newspaper. SEC. 10. In all cases under the provisions of this act, the rules of evidence shall be the same as in other civil actions, except as hereinbefore otherwise provided. All fines recovered under the provisions of this act shall be paid into the county treasury of the county in which the suit is tried, by the person collecting the same, | sequent attempts were abandoned save in in the manner now provided by law, to be isolated cases, and as a rule the society has used for county purposes. The remedies passed away. The principle upon which hereby given shall be regarded as cumula- it was based was wholly unsound, and if tive to the remedies now given by law strictly carried out, would destroy all home against railroad corporations, and this act improvements and enterprise. Parties and shall not be construed as repealing any societies based upon a class, and directed statute giving such remedies. Suits com- or perverted toward political objects, are menced under the provisions of this act very happily short-lived in this Republic shall have precedence over all other busi- of ours. If they could thrive, the Repubness, except criminal business. lic could not long endure. SEC. 11. The term "railroad corporation," contained in this act, shall be deemed and taken to mean all corporaSupplementary Civil Rights Bill. tions, companies, or individuals now owning or operating, or which may hereafter Senator Sumner's Supplementary Civil own or operate any railroad, in whole or Rights Bill was passed by the second sesin part, in this State; and the provisions sion of the 43d Congress, though its great of this act shall apply to all persons, firms, author had died the year before-March and companies, and to all associations of 11th, 1874. The text of the Act is given persons, whether incorporated or other-in Book V. of this volume, on Existing wise, that shall do business as common Political Laws. Its validity was sustained carriers upon any of the lines of railways by the U. S. District Courts in their inin this State (street railways excepted) the structions to grand juries. The first consame as to railroad corporations therein-viction under the Act was in Philadelphia, before mentioned. SEC. 12. An act 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," approved April 7, A. D. 1871, is hereby repealed, but such repeal shall not affect nor repeal any penalty incurred or right accrued under said act prior to the time this act takes effect, nor any proceedings or prosecutions to enforce such rights or penalties. Approved May 2, 1873. S. M. CULLOM, President of the Senate. JOHN L. BEVERIDGE, Governor. in February, 1876. Rev. Fields Cook, pastor of the Third Baptist colored church of Alexandria, Virginia, was refused sleeping and eating accommodations at the Bingham House, by Upton S. Newcomer, one of its clerks; and upon the trial of the case, in the U. S. District Court, JOHN CADWALADER, Judge, instructed the jury as follows: The fourteenth amendment of the Constitution of the United States makes all persons born or naturalized in the United States, and subject to the jurisdiction thereof, citizens of the United States, and provides that no State shall make or enforce any law which shall abridge_the privileges or immunities of citizens of the United States; nor shall any State *** deny to any person within its jurisdiction the equal protection of the laws. This The same spirit, if not the same organi- amendment expressly gives to Congress zation, led to many petitions to Congress the power to enforce it by appropriate for the regulation of inter-state commerce legislation. An act of Congress of March and freight rates, and to some able reports 1, 1875, enacts that all persons within the on the subject. Those which have com- jurisdiction of the United States shall be manded most attention were by Senator entitled to the full and equal enjoyment of Windom of Minnesota and Representative the accommodations, advantages, facilities Reagan of Texas, the latter being the au- and privileges of inns, public conveyances thor of a bill which commanded much on land or water, theatres and other places Fonsideration from Congress in the sessions of public amusement, subject only to the of 1878-'80, but which has not yet secured conditions and limitations established by favorable action. In lieu of such bill law, and applicable alike to citizens of Senator Cameron, of Pennsylvania, intro- every race and color, and makes it a crimiduced a joint resolution for the appoint-nal offense to violate these enactments by ment of a Commission to investigate and report upon the entire question. Final action has not yet been taken, and at this writing interest in the subject seems to have flagged. denying to any citizen, except for reasons by law applicable to citizens of every race and color, *** the full enjoyment of any of the accommodations, advantages, facilities or privileges enumerated. As the law The disastrous political action attempted of Pennsylvania had stood until the 22d of by the Grangers in Illinois and Wisconsin, March, 1867, it was not wrongful for innled to such general condemnation that sub-keepers or carriers by land or water to dis |