Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1874-06-03

Ing proclamation In regard to the en-
forcement of the new railroad law: -.
sa..-..=es- STATE. OF WISCONSIN, } a
EXECUTIVE DEPARTMENT,
MADISON, May 81. 1874.
To the People of Wisconsin:
The act of your legislature passed at the
last session, entitled San act relating to rail
roads, express and telegraph companies in the
State of Wisconsin, y was approved by me,
March II, 1874. in the firm conviction of the
necessity and validity of such legislation But
In order that ample time should be given the
| railroad companies affected thereby to arrange
their business so as to meet it's requirements
the legislature very considerably directed that
its publication, which was essential to it's
taking effect. should be delayed until the 2Sth
day of April.
So far from using this period of IS days for
| such purpose, however. two of the most pow
erful railroad companies, as you are aware, to
wit the Chicago, Milwaukee and st. Paul
and the Chicago and Northwestern Railway
Companies, appear to have employed it in con-
spring against the law. and in laying plans to
defeat its operation. To this end they pro-
cured, and widely published, the opinions of
counsel hitherto in high repute, denying, first
the right OF the state to limit the tariffs Of
railway corporations and secondly, upon the
basis Of ec pdrte testimony, pronouncing this
particular law invalid on account of the rates
therein prescribed being unjust and unreason-
able, and gravely encouraging disobedience to
it's commands
Acting upon these opinions of interested
counsel, and under the dictation of directors
residing IN remote parts of the country. the
presidents Of these companies then addressed
to your Executive. communications. declaring
their belief in the injustice and invalidity of
the law, and their deliberate purpose to disre
gard its provisions.
il KIN 70 Won hat p6i late
after, to wit, on the first day of May [ made
public proclamation of these facts. declaring
that the law of the land must be obeved that
while the right of all to test the validity of the
law is conceded, with that right is coupled the
duty of yielding obedience to its requirements
until it has been pronounced invalid by COM
petent authority expressing the hope that
better counsels would yet prevail with the
railroad companies of the state; and enjoin-
ing all railroad corporations, their officers and
agents, peaceably to submit to the Law.
This counsel and proclamation Of your Ex-
ecutive have been wholly disregarded. 3 .
The corporations above named have al
ranged their tariffs without the slightest APP
parent regard to the classification and rates
prescribed in the law and prepared and pub
hshed by the board of railroad commissioners
In many cases they have even increased their
rates for transportation of freight above what
they were when the law enacted and be-
came of binding obligation. ...
They have issued commands to their agents
and employees requiring of them a like disobedi-
ence under pains and penalties which, in many
cases, practically amount to compulslon; thus
using their influence and power to insure the
criminal disobedience of many citizens. habit
uating them to a contempt for the authority of
the state. when its laws are not in harmony
with supposed self interest. and hence con-
tributing in high degree to weaken the res
pect for law in general.
They are now eXacting and receiving rates
which the Legislature, after much considera-
ton, and the patient hearing of able counsel
and officers representing their interest has, in
effect soemnly declared unreasonable. unjust.
and extortionate, and they boldly proclaim to
the authorities and people of the state, and to
the world that they will continue so to do. any
law of the state. not approved by them, to the
contrary Notwithstanding. In a word they
have set up another law than that of the state.
and have made obedience to it the supreme
duty Of all their corporate servants and the
present necessity of the whole people.
No objection is made to any just contest up
On the validity of the law. The courts of this
state are open to every sutton and the cause of
every defendant will be heard with impartial
ity and decided upon principles of justice. In
deed the state has already Instituted, and will
urge to the speediest possible issue. suits in
the Supreme Court, involving its validity. But
for the meantime, until the law is amended.
or repealed it is sufficient for your Executive
and should be enough for every corporation
and every citizen. that the principle upon
which it rests has been affirmed by the Su-
preme Courts Of the state and the United
States, as well as by very many of the ablest
jurists in the country, and that the statute it
self has been in due form enacted and approved.
| and is the law Of the land.
If other motives we're needed to insure ODE
dience to it's mandates it might easily be found
in the fact that the law had origin in deep
conviction widely felt, that the railway cOrpO-
rations Of the state, although recipients of
| great gifts and franchises, have in many in
stances, eXacted excessive tolls. and made I'M
| just determinations, to the injury of citizens
and the enrichment of directors and managers
if not Of stockholders, and that the very powers
| conferred upon them for the public good. as
well as for their corporate advantage, have
| been Systematically exercised to prevent the
enactment of just laws for the redress Of these
| grievances.
However this may be, it cannot be suffered
| that the charge of unreasonableness made by
| those whom the law seeks to restrain from ex-
tOrting excessive rates. shall so far arraign it's
business as to suspend it's operation until by
the tedious processes Of the courts. delayed
by appeals and every possible legal artifice it's
validity is at length, fully determined. Sub
mission like this on the part of the Executive
and people would result in a continuance of ex-
COfJlOnaIo gains Dy the corporations anu per-
haps yet greater sacrifice by the people for
years to come. Nor is this all. The delay being
granted, what guaranty is to be found in the
present attitude of these great corporations
that they would yield willing obedience in the
event of an affirmative decision by the courts?
If they have become SO strong and independ-
ent of the state that the legislature cannot be
sure of their obedience until it's enactments
are first approved by the courts, is it certain
that even the courts will be able to effect a
| compliance
1t cannot be suffered that dsy law, which
the legislature has enacted and the Executive
approved, shall be put III allegiance and treated
with open disobedience and fragrant contempt
by any person. corporation or combination of
corporations, on the plea of unreasoaaableaess,
Or upon any plea whatever. Such suffer
ance would tend to subversion of all legal
authority.
| Fellow Citizens: The foregoing facts and
considerations can lead to but one conclusion.
AS stated in my annual message:
1T must be admitted that railway companies
are necessary to the prosperity and develop
| ment of tIe state and that in the DISCHARGE