Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1874-07-09
TUE POTTER LAW SUSTAINED
BY THE U. 3. CIRCUIT COURT.

at Madison, by denying the injunc-
ton asked by the Chicago q North
western Railroad, has practically
declared the Potter law to be con-
stitutionaI, and that the railroad
companies must obey it. The case
was ably argued by eminent counsel
on each side, and the opinion of the
court no doubt given without bias
purely on the merits. Judge Drum
mond delivered the opinion, which
was concurred in by Judge Davis, OF
the U. S. Supreme Bench, and Judge
Hopkins, of the U. S. Circuit Court.
1t is as follows:
DECISION.
United States Circuit Court, Madi-
son, July 4th, 1874. William f..
Peii ct AL, V. Geo. II. Paul ct al,
and the Northwestern Railroad
Company. Motion for injunction.
Drummond, j. The following
are the onclusions Of the court
upon the points made. The motion
is for a preliminary injunction.
!. On the assumption that the
act of the 18th of March, 1874, re
lating to to railroad, express and
telegraph companies, in the state of
Wisconsin is invalid. We think
the court has
JURISDICTION
of the case. The bill is filed by
bondboIders, citizens Of Europe and
of other states, To enforce equitable
rights and to prevent action by the
Railroad Commissioners which may
result, rs alleged, in serious injury
to their rights. 1t was not ncces
sary to wait until the commission
ers bad put the law in full opera
ton, aud until It's effects upon the
railway companies bad become com.
plete, before application against
them was made to a Court Of Equity.
a very important function OF that
court is to prevent threatened wrong
to the rights of property.
THE ACT OF MARCH II.
2. We are of opinion that the act
of the nth Of March, mentioned
above, was not repealed by the act
Of the 10Th of March, 1874, the
second section of which declares
that all existing corporations within
the state shall have and possess all
the powers and privileges men,
toned IN their respective charters,
aud the act Of the l2th of March,
1874, the ninth section of which
imposes penalty for eXorbltant
charges. There are apparent i'll
conSiStencies between these last
named acts and that OF the | 18th of
March But it becomes question
of intendment on the part Of the
Legislature, and, on the same day
n joint resolution was passed March
18th, directing the Secretary of
State not to publish the act OF
March nth until the 2Sth of April,
(actS Of 1874, p. 500. In this state
no general law is in force till after
publication. We think we may
consider the joint resolution in or
der to determine whether the Leg
islature intended that the two acts
passed on the same day should re.
peal the act Of the nth Of March;
and from that it is manifest such
was not the intention OF the Leg,
iSlatnrc.
THE RESERVED POWER.
3. The charters of railroad cor
porationS under the constitution of
Wisconsin may be altered or re.
peaIed by the Legislature at any
TIME after their passage. n legal
effect, therefore, there was incor-
poratcd in all the numerous grants
under which the Chicago e North,
western Railroad Company now
claims its rights of franchises and
property in this state, the foregoing
condition contained in the constitu.
l.