, 1874-07-04
How the Railroad Law Is Working
in Iowa.
The Burlington 4 Quincy, Illinois Gen.
iral, and Northwestern Roads.
win Not Conform.
Foreclosure Of n$3, 100000 Mort
gago on the Southeast
Grn Road.
Miscellaneous Railroad No1ys.
THE WISCONSIN LAW.
Hptcfal Dispdtch to The EAtcaup Tribune.

THE WISCONSIN LAW.
Special Dispateh to The CAtcauo Tribune.
THE GLOBE or THE ARauMEsTa.
MADISON, WIS.,. July 8.-Tlo belief, current
last ovoning, TINT tho Court might abruptly tor
inmate tho railway injunction suit by holding
that the general law Of March IL repealed tho
Potter aot Of the day bofore, was not confirmed.
This morning tho casc WAS resumed at st46
o'clock, Mr.. s1oughton continuing hie argument
for tho bondbo!dors Of tho railway. Commencing
With comprehensive recitation Of the powers
conferred and confirmed by the charters Of tho
consolidated Chicago l. Northwestern Company,
he elaborated, by numerous citations from
tho highest courts in several statos.
the monstrouB iniquity OF tho doctrine
onunciased by tho opposing oouusol,
that tho State Of Wisconsin had full authority,
by tho reserved power, to destroy tho security Of
mortgagos. Ho shon argued that tho adfuat-
mont Of rates WAS question for tho Court alone
to determine, and when It should como Into
court, were tho Jury to dooreo, as tho Wiscon-
Elm Legislature had done, tlat tho railroad must
do tlcir business at unromunorattye rates, tho
Court would certainly M 1850.
BET ABIDE THEIR vEnp1or,
with tho apt observation Of tho ]ato hr. Juatioo
Greer " Gentlomen. It takoa thirteen raacals In
eos ssss TO- 1es fe1sts sa hs e.
! illustrated the propopltion: "What Is property
but the uso theroof, and what is tho nao but tho
yaluo thcroof?" Thie act Of tho Wisconsin. Leg
ialature vas tho a1at legislative attempt on
In tho original ohartor. In tho happiess
nnnnor he reviewed the authorities cited BIZ tho
couHel for tho Stats showing clearly thst thoy
rSe - Of tho opposite
Dixon ind b1r: Sloane. md although interrupted
several ttnos by those gentlemen, Mr. Slough
ton maintained hts ground admirably, and closed
bis exhaustive argumont. which had occupied
ATo hours In delivery, few minutes before
noon.
Ex-oH1Ef-1usT1cR DIXON
thon rose, and respectfully contendcd that tho
Court could not inject tho word reasonable"
into the reserved power contained Ia tho Constt-
tuition OF Wisconsin, whoreupon Judge Drum
mond inquired: ''What, tlou, do these Judges
mean, whoHs optniona have boen cited, wien
they aey these powors are subject to Limitation,
Tho Court" replied HI. Dixon,
Judge Drummond-AB the questions have
loaniug upon the construction VIC give to this pro-
ylsion Of the Constitution, ia your doctrine this;
poration and authorizes It to borrow money for
Tho putposo Of constructing = railroad. Tho
corporation borro"R money under this provision
Of tho Constitution, and constructs railroad,
E
rights, and everything it poBsesses, to those who
tho Legislature ;:
CIV, At WILL, REPEAL THE CHARTER, .
on tho ground that tho charter was given and
the money borrowed on this condition.
Mr. Dixon replied nfilrmatively.
Judge Drumulond- d-bo that the fact that 1t
made this contract does not have any effect upon
! its power to repeal the ohartor7
Judge DlVmmond-For Instance, tho charter
| Is repealed: tho road Ii all constructed tho
depots. buildings, aud equipment arc provided.
Can the State grant this road-hed to any oorpo-
ration nnd run railroad ove1 that road-bed Z
Mr: Dixon-oostainly not, because the prop.
erty Is tho property Of tho creditors. The stato
Judge Drummond- but what is the prop
| erty worth7
Nr. Dixon-1t ia worth what any ono will givo
for 1t to run the railroad. Our general statutes
authorize tho purchasers to immediately organ-
| tzo as company to
HuF TUE ROAD AND USE THE PROPERTY.
| What wished to say in relation to this umita.
| tion was, tlat 1t waa tho province OF tho Court
| blo."
Judge Drummond-we would like you to GATH
o. together all the authorities where this power
Judge pavls--Anything in tho world eith-
Or slide have. that you wiah us to rqfor to,
| whore the Court, either by dctuu4 sr 3t.cct de-
oiaion, has construed tho power Of Imitation
| that ts tho point.
ALossrs. Dixon and Sloan hero urged thst
there was but one auoh authority, namely. In
| tue One Hundred and Fourth Massachusetts
Nsports, and TINT tho cnses cited were ali By
dlction. This assertion Was sharply questioned
| by the railway attorneys, and contention
eeAmed ltloly to ar3se.
THE HEARING TO he CONTINUED TO-DAY.
| judge Davis stopped the discussion, order
WAS restored, tnd tho court adjourned It'll to.
| morrow at 8 o'clock, regardless Of tho national
vii deliver tho ao epnoo sH arc arc oa %.tto1s aaa 'eS oi
speculation. Tho deioated party viii % appeal.
pud, as the 4uoaton would then come before Tue
| tribunal Of which Judge Davis Is mombe1, It la
thought he will NOT now commit himself to
writing. Tho indications. therefore, point to
Judge ;pEummond. ne has interIogated tie
| counsel most, and has given oloso attention to
every feature Of tho trial. It is possible, how
ever, that the Court may merely affirm, OF do
elmo tho motion for an injunction, reserying
! their roaBouH the{ofor until q future time.
-
MISCELLANEOUS,
The var Of rates On lire stock has ended. All
differences between the trunk lines are satis-
faotorily settled, and new tariff Of rates has
been agreed upon by tho East 1inos from Ch1oa-
go. taking effect Monday, as follows, VIZ: Chi,
| cago to New York, b6 cents !; Chicago to Phil
adelphia and Baltimore, 10 cents; Ohtcago to
Buffalo, 80 cents Ohieago to East Liberty, 90
cents. Actual weight, and no roturn passes
Wlatovor.
THE MICHIGAN oENTnAr. RAILROAD
giyoa tho following atatomonr Of It's earnings
during tho mouth Of May, 1874,
l6I3-laHsengaFs. SD, ,701 "a
l6i4-taasehgess'...' l9o, ,460.47
ccsease.............. .,....".,......S 7,2s8.o1