The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1860-09-20
FAIEJE NOR CGAGES.
A REVIEW

siy Hon. Bnnies n aknow;Iou, Of the De.
cisiOn OfIle >uI,l.n me Court OF tine state o.
- Is' ousIn im the Case of William ID
l"rA w. " nA.E "rliugtCn,e Imi.
" hen"ver the highest court of q
state announces as law Propositions
ailk" Startling nom their novelty anu
their inevitable consequences, an exam
nation ut he reasoning Is warranted il
not demanded. Ii the logic of til,
Coutt can not stand scrutiny, fair and
feai less cceitlci,m Is pr per, and should
not be Withheld from any motives, nol
even those OF dclicacy.
Entertaining these sentimnts, the fol.
loving thoughts upon the opinion Of the
supreme Court of the state o, Wiscon-
sin IN the case OF Clark VS. harrington
and others, are submitted for the con
Slderatlon of those who do not consider
thought useless labor.
The court sets out with the assump
ton OF tact. 1t says: THAT the cash
capital of this State was inadequate tC
the building Of It's railroads, or even tc
the payment Of such proportion as is us
ually paid III cash for stock in the Older
land more wealthy communities, "etc.
| 1t would seem that the only object in
assuming this tact was to lay the foun
dation Tor assuming fui ther as fact thai
the Legislature winch chartered the Ii
Crosse and Milwaukee railroad Jmpa,
! ny knew THE FACT OF this lack OF casl
capital, and that therefore, 1t DID MOI
in the charter, or by any other act, b.
express words, provide that the directors
OF that company MIGHT take pay for it,
capital stock III commodities, ooAer THAI
money ; but relied on the business
Ingenuity OF those directors to discover
that they had the power to do this, be
oAuSe IN clear words they had not been
toId they MIGHT DO 50.
To ASSUME fact for the purpose O
maintaining a particular propos.tlon Il,
law, should not be considered as She
least eXtraot binary OF modern improve
mcutS.
In the case we arc considering this
WAS pr obably mot done tor such "a pa, pose
but for The purpose Of adornIng the L.
gal architecture of the opImon. IL,
Iurther confederation rs therefore nUt
necessary.
The court says that the Supreme
Court OF the United States held thai
the word necessary did not Imply Lha
that means used mast be absolutely III
dl,peiIsable, but that The government
might select any which we've needIul
! y oil ~.
tld, and tcuded directly To us accom-
! ptishmrut, and therefore might charter
Il b4uk." W are not inlu med whethr
die cou, approves OF THIS rum. wheel
mas Become an obsolete Idra" With Lht
American people.
Why DIES Jne Court refer to this
! oplnIon ualesS 1t was - b, used as ;
tou"dat.on upon wh.cA It's ud.mcn
might rest
The Supre...e Cou did not 60 to tn,
airy height of dec1l.ng tnai Inc wor,
convenient was SYNONYMOUS with Til,
word "neceSSOry." rms the Supreme
/ Cont OF Wisconsin has cleall, done.
Without directly approving OF or dis
Isrnlng from, tue t'edelal Suprem,
/ Court, the Court says: NV het .er or no
1t the opinion Jusuties The conclusion
there Is great force IN the reasoning o
! Chief Justice Ma shall as 10 the neces,
Slty of the power on the part OF the gov
eminent to select CONVENIENT mean,
for the execution OF its powers. Tins
gives the same information as to the de
Sned fact as John would, were he Il
| say that Joe suuck at Dick, and tina
there was GREAT FORCE in } e's blow
These mortgagors should have beer
Informed whether Chief Justice Mar
shall is entitled to any or all the credl
for a decision which, if executed, vii
leave them and their families wlthou
even a rude cabin to shelter them.
The Court further says that ''Ther,
Is close relation between the princi
pies applicable to the government o
the United States and those applicable
to corporation. The former, like tn
latter, can exercise no power excep
such as are delegated to 1t, either ex
pressly or implied as necessarily Incl
dent to those expressly delegated"
1t is believed that 1t might with grea
propriety, be added that there is d clos
citation between the reasoning of til
supreme Court OF Wisconsin and tha
Of the uuited States on questions {
power.
An instance Of the power delegate
20 Congress is found in the passage {
tie Alien and Sedlton laws.
by The constitution OF the Uui!~