Burdick v. People

Citations

• 149 Ill. 600
• 36 N.E. 948
• 1894 Ill. LEXIS 1563

Syllabus

<p>1. Constitutional law—act relating to the sale of railroad tickets. The act of 1875, entitled “An act to prevent frauds upon travelers, and owner or owners of any railroad, steamboat or other conveyance for the transportation of passengers,” is not in violation of section 2 of article 2 of the constitution of the State, or the similar clause of the constitution of the United States which declares that “no person shall be deprived of life, liberty or property without due process of law.”</p> <p>2. Same—due process of law. The constitution does not say that the disposition of property may not be limited or regulated when the interests of the public so require, but that no person shall be deprived of his property without due process of law. The phrase “due process of law,” which is equivalent to the words “law of the land,” as used in magna eharta, means, “in the due course of legal proceedings according to those rules and forms which have been established for the protection of private rights.”</p> <p>3. An act of the legislature which transfers the property of one man . to another without his consent) is not a constitutional exercise of legislative power, because, if effectual, it operates to deprive a man of his property without due process of law.</p> <p>4. Same—regulating railroads. The franchises of railroads acting under charters or acts of incorporation are of a public nature, so far as the safety, convenience and comfort of passengers are concerned, and reasonable regulations affecting the conduct of such public employment are fit subjects of legislative action. The law-making power may provide for remedying such evils as maybe found to exist, and in so doing may sometimes impose restrictions, which are deemed necessary upon the use and enjoyment of property.</p> <p>5. Same—impairing obligation of contracts. An act of the legislature tending to impair the obligation of a contract is inoperative and of no effect as to contracts existing at the time of the pas