New-York tribune., 1874-07-08
P4ILRO1U LITIGAIIONS.

THE Full TEXT OF JUDGE DRUMMoND'S nEClSi0N
AGAINST THE CHICAGO AND NORTH-wEsfERN.
The Granger decision continues to be the
main tonic OF discussion Wallst While the railroad
men apprehend trouble they make pretense that the
decision Of the United States Circuit Court at Madison
wis has no special significance Russell Sage of the
Milwaukee and st. Paul Railroad, has received the fo
lowing from the attorney OF his company;
RUSSELL SAGE: The IN junction Is denied Court does
not decide the question OF Of state to fix our rates.
but leaves it for court OF hha resort lngS a' iSo '
peHssCn psien6a 0i In1g j. W. CARY.
The fun text of the opinion as delivered by Judge
Drummond is as follows:
On the assumption that the actl OF March II. 1874
"relatng TO railroads. express and telegraph coDanes
n the STATE OF Wisconsin" is invalid we tnnk the Court
has Jurisdiction Of the case The bill Is hed on DehhlI
Of citizens of Europe and Of other states TO enforce
Cnntable rights ana 10 prevent action By the Railroad
ninTv 10 those rights II not snecessary to wait
until the Commissioners had put the law III iuli opera
tion and It's effects upon the railroad company had De
come complete before the application against tem was
made TO court Of equity very lmpQrtant iuhc'i1n ion
OF that court Is 10 prevent tuIea'on0u "A0"e " W"
rights Of property.
toned above, not repealed by The act OF March ~
1874 the second section OF which declares all existing
corporations shall have aud possess all powers and PRIV
act of March 1874, the ninth section OF which imposes
penalty for extorOnate charges There are apparent
that OF the nth Of March; but 1T becomes question OK
intendment on the part OF tne rc ~, d
recng the Secretary OF State not TO publish the act OF
the 1th OF March until the 18th OF April In ts State
may consider the joint resolution IN Ofder 10 determine
whether tho Legislature intended that the two acts
nassed on the same day should repeal the act OF the t
of March, and that IT is manes sucA was not the
intention OF the Legislature ,,.,
g. The charters Of the railroad corporations under the
Constitution Of WiscOnson may be altered or repealed
by the Legislature any time after their passage In
legal effect therefore, there was incorporated III all toe
numerous grants under which the North-Wesern Ran
Way Company claims It's rights OF franchise ana
tHapE Ef4fa he
law OF every contract or mortgage made by the com
pany, by any Of its numerous pIedecess9rs. me
share and bOndhOdes took their stock or bonds subject
10 TINS paramount condition. III the corporation, Dy
making deed Of its property could ci0he lts
creditors with an Interchangeable rght II Wouu e.apie
the corporation 10 abrOgae one OF the provisions o Tue
fundamental law OF the state. ,. g., a.,
A. The principle Is not changed by authority from tne
Legislature OF the State 10 corporation 10 consolidate
with CORPORATION of another State The corporation
of this state s still subject the Constitution OF Wis
consn aud there is no power anywhere 10 remove II
beyond the reach Of It's authority
As 10 the rates us the transit OF persons and prop
ery exclusively within the limitations Of this state the
Legislature had the right to alter the terms OF the char
FER OF the North Western Railway Company, and the
TACT that such alteration ght affect the value Of its
property franchises cannot touch the question ol
power IN the legislature Inc Iepeai ol isS 80, %
property and while the latter as such cOnld not DC
taken st essential vaue for use on the Ialroau
g he fact that grants Of land were made by Con
eress 10 the State caunO change the rights OK the copo
formed the trust II must the United States
T. Tne act OF March H. while not interfering WIN
utely through the state and from other States luoue9
within its terms property and peIs0hs uanspolto1& IN o
Wisconsin utO other states This act either esiablalcs
authorizes the Railroad Commiss oners to estaDhsh
hEed rates of freight aud fare such persons anu prop
erty The case Of the state Freight Tax" reported IN
l3.h wallace p 49, decides tnat tniS ni neen
the several states and tnSt the regulations
thereof belongs exclusively to CongeoS IL bsc1moS