Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1874-07-09
The Important Judicial Decision.

1t will be remembered that the for.
eign bondholders Of the Chicago &
Northwestern r.. r. Co. sought an in.
junction from the United States Circuit
Court at Madison to enjoin the rail
road commissioners Of Wisconsin from
the enforcement of the SO called Potter
act. We deemed it an extraordinary
stretch Of prerogative on the part Of
the United States Circuit Court to at
tempt to enioin State in the exercise
OF its law making power; nevertheless
the Court proceeded to hear the argu-
ments on the injunction. Ex-Chiei
Justice Lawrence Of Illinois, Cook q
Chicago, Stoughton of New York, and
John w. Cary Of Milwaukee, argued
the case in behalf of the bondholders,
and ex-Chief Justice Dixon, of Wis
consin, and the assistant Attorney.
General, [. G. Sloan, in behalf Of the
State, against the injunction.
The argument on both sides was
learned, comprehensive, and able. 1t
continued through the 1st, ID and Sd
of July, and on the morning Of the 4th
of July the decision was announced.
We publish it in full in another col
umn. Judge Drummond gave the
decision, il which it is understood
Judge Davis and Judge Hopkins con-
cured
First, the Court decided that it has
jurisdiction, and secondly, it refused
the injunction on the ground that the
Potter act was constitutional. Judge
Drummond, in announcing the deci-
sion Of the Court, manifestlv held that
the power to alter or repeal the charter
Of a railroad. which is a reserved right
III our state constitution, vested su-
prcme and absolute power in the state
to govern railroa1s just as it pleases.
All the lawyers admitted that the
state had the power to repeal the rail
road charters, and Judge Drummond
therefore held that the State Legisla-
ture could regulate railroads in any
way it thinks proper, even to their
ruin, because he held this was minor
power included in the major power to
repeal their charters. He said that
Inasnach as it was admitted that the
State had power to repeal the charters,
and thus ruin the railroads, that it
had the right without reb,aling the
charter TO 50 regulate them as to ac-
eomphsh their destruction AMI he
declared this not TO be negotiable be
cause the companies accepted their
charters with that full reservation in
the constitution before their eyes.
This decision Of the United States
Court will undoubtedly be in accord
with The public sentiment of the State,
tor the feeling is universal that every
one. whether great corporation or an
humble individual. must bow to the
law. aud they are particularly gratifiea
to see the most powerful corporations
compelled to submit to the law. That
IS the natural feeling everywhere. be
cause the conviction has become deep
rooted that railroad corporations have
iYom time to time eYineed a disposition
to resist and defy the law. ri d4ci
sion fgnm the Uuited States Circuit
Court will BE regarded with more
favor BY that large class of thinkers.
because IT em2na5es from Court pecu
LARRY consecutive of property. mas
much as the Judges aye not elected by
the people, and therefars not ruled by
local Influences.
But it SHOULD be borne in mind that
the question is not yet settled, The
case will be appealed to the Iruited
Staes Supreme Court at Washi00tnn
the court Of final resort. aud is de
eiaion may reverse the present one
Ike Judges are Clifford of Maine
Huns OF New York, Bradley Of New
Jersey. Strong pf Pennsylvania Waite
and Swyne OF Ohio. Davis of Illinois
Miller of Iowa, and Field of Califoypj2
FoBr at least Of these judges have been
bred IN aeep-rcoted eoRvieaiens Of the
vested rights Of property. That is
they are more Eastern than Western
! in their ways of thinking, and We have
not = doubt that this will tinge their
final decision.