New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-09
A RAILROAD WAR.
WISCONSIN VERSUS THE RAILROADS

MISCONCEPTIONS or Ex-JUDGE CURTIS AND
VIM. W.. EvARTs.
Wisconsin rs well as indeed the West gener-
ally Is very much agitated the complications grow
ing out OF the railroad laws pased by the Legislature Of
that State at it's last session. These laws which were
passed in obedience to demands OF the Anti Monopoly
marty fixed the schedule OF prices for passengers and
fire. ght considerably lower than the established rates n
tho railroads operating in the state. on the 28tb Of
April what is known the Potter bill" was officially
Dubli shed, and took effect Immediately. THIS law Ia
entitled Au act relating railroads, express and tel
egraph companies In tho state OF Wisconsin, cassfyns
railroads and freights limiting and fixing the compen-
sation charged for the transportation OF freghH
aud passengers, and providing for the appointment Of
railroad COMMISSIONER
PROVISIONS or TnF LAW.
The law divides all tho railroads the state three
classes-A y, and C.. Under Class arc included oil
railroads in Wisconsin now owned operated, managed.
leased either by the Milwaukee and St. Paul Railway
Company the Chicago and North Western Railway Com.
pany, or the Western Union Railway Company" Class
includes all railroads or parts OF raotds owned;
Railway Company, aud the Green Bay and Minnesota
Railway COMPANY" Class includes all other roads or
parts OF railroads IN the State. The compensation per
mile for the transportation OF any person WIN Ordinary
baggage not exceeding 100 pounds - liked as iOOws:
Class A, cents Glass b. ~ cents; Class G. cents Tbs
charge for children the age Of u years and under
fixed at one-half the above rates.
All freight is divided into four general classes end SUB.
divided into special casses-D, l., +. q, IL, and
Glass comprises all grain In carloads Class Hour
In lots OF % barrels or more, and lime In lots on
"a barrels more Glass F. salt In lots OF ~ barrels or
more and cement water-lime, aud stuccO ~ i9s ol
barrels pore Glass g. lumber 2tns, and shingles ia
carIoads Class H. live stock IN car-oads; GAS i,
agrci tural implements, furniture, ana wagons lars
arces I'm carloads. II Is further provided that IN ad-
dion tho several articles IN these special classes,
- snail be added other articles and IN the man
hereinafter prescribed, except INTO classes -
y, G. and HI and all articles not above enumerated,
or subsequently, sci into said classes "a hereinafter pro-
yded shall be placed in aud belong TO t1o four genera,
classes, be classified by tho Railroad Colhbi;s,V9as
hereinafter provided 10 be appointed as shd arces
classified 10y the Mlwsuk- o and 81 Paui E'li"ap
which classification went INTO enect on tue lo I
June iS2 Section PROVIDES Una. no rg rate han
u for Carrying articles under toe last named
special classes. Tie fixed are as f0HOws' Cass
nile. conts for the second miles, and cents for
each additional IS miles or fractional part thereof UNI
be cent; II tho whole distance 10 over 90 mics 10
greater rate than one-hah cent c shai r-is
g. aud cents per barrel If the fractional part Is ess
10 miles cent? per barrel eI ,he S %T2 for eaes
safre CAS- G S. S. and 81 80 per carload. Class
H-Sl0 81, 81, ami 5! per carload CiAs. 81 20 ~.
and u 20 per carload Glass is &c. s. So and 81 ptr
ties the aPpo,ni@ent Of Commissioners &C. Every
evasion violation OF the law If decaseu W 10 So,
and in addition tie injured has the right to re
three tunes the amount taheh ~ eAee's VI IL"
Tnr OPPOSITION OF THE RAILROADS.
Whom the law was published Alexander Mitchell, Pros
ident OF tho Milwaukee and st. Paul road and Albert
Keep, President OF wv"
wrote to Gov Taylor protesting againstt Mr. Mitchell.
who /. also member OF Congress, says IN his protest.
that the act in question L. far he can learn un-
nTcedented that the right to establish rates OF charge
act of ownorship, and that the charters Of the
roads to whose rights tue Milwankee snh 81 fan,
have authority 10 demand and receive suin tons ana
charges as they may, from time 10 tme think ison
ABLE He says that the COMPANY has. in the exercise OF
tins discretion, reduced It's rates from Tune 70 me.
ia and that such furtneE reduction rs
act requires would cut of all PROFITS ana the means Oh
pavne interest on the funded debt or the road and
would he practically conhsca1On OF the property OF
its stockholders and CREDITOR His road ne say meyer
Keep SAYS road could scarcely pay running ex
penses the legal tar.f Both OF these eenttmen
declared tnsr 30 sp 70 witbdra the service
10 these protests Gov Taylor responded with proc
Ianaton expressing regret at OF the roads
mentioned winch he said " in marked contrast TO
the patience and submission OF the people under rail-
peaceably to submit 10 tue law. ON tho same day,
May tho Railroad Commission, which is COMPOSED
the following members, went into Office Joseph H.
Osborne OF Oshkosh, for three years late Purchasing
agent OF Se 81 ss Ms S Se and f br John
Hoyt OF Madison, for year for long time Secretary
these appontments DO not suit tbs Grangers who be-
ieye that men who had some practical knowledge of
railway should have been appointed Both or
the principal companies affected by the law have
suited counsel and have been informed that the law is
running under old or new schedules Of higher rates
those fixed by the law with the intention OF bringing
before the courts as soon a. possible Al
though trouble has arisen yet II Is expected that
formal commission OF an overt act VIII soon De made
ia the presence OF those whose duty 1t to enforce tho
law. a fine viii OF course DO then imposed, but tho
roads WIN refuse payment and carry the matter 10 ne
state Courts, aud perhaps eventually 10 the United
states supreme Court.
OPINIONS OF EX-JUDGE CURTIS AND MR.. EyARrs.
Among the lawyers who have been consulted by tho
railroad companies exJudge Curtis OF the United
States Supreme Court and wm. NJ Eyarts OF New York
The duties of commissioner. Nj. Curtis says, include
the furnishing OF labor and Materials aud the rights OF
State Government do not include that Of prescribing the
carrier any more than they include the right TO fix thu
price at which such material and labor shall be furnished
by individual. Tho right q fix the toll on bridges.
consideration which not here involved. The
law. inasmuch as it attempts arbitrarily TO fix sueS
o railroad corporation, acting common
carrier Is therefore unconstitutional Referring Ia eers
tain sections OF the law he holds that they amount
10 partial coniiscatioD, taking away OF the prop
erty belonging tho Company for public use. This
cannot be done under the Constitution oil the state OK
Wisconsin, or under the general laws governing tho
United States without the persons or corporations whosS
property Is thus appropriated for the benefit OF the pub
G receiving from the State General Government such
a return Is shall in the opl2no perSQgs duly appointed
for purpose be hed to be an adequate Tehunera
ton for the property thus taken As the new law masea
no provision for such compensation, Mr.. Curtis hod9
that the courts would declare the law UNCONSTITUTIONAL
and not coming within tho powers reserved tbs
states Mr. Curtis further that II the effect OF tho
law When enforced, wouId De 10 diminish the earnings
Of the road i and 6 prevent the pay% nsIs
be violation OF their contracts with their bondholders
While state may, under certain contingencies, MT:
Curtis continues, violate its contract with farOad
corporation II s ond the right or State 10 Interfere
by any enactment exercise OF power on the part Oh
lis executive legislative officers with contract maio
by a railway company with third party, always PRIV
vded that contract with third party Is WITHIN INC
powers of such corporation as guaranteea 10y preo
thereto II the present law, by It's operation would ID
tions the OF Wisconsin as TO destroy their ability
To fulfill the oo9titlons thty nave assumed,