The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1874-07-09
MAIDS JON
Judge DfuAAona Oelfye~s the Opins
iOa -kail Tert Of the De..-sOo -
all sAe Ca0eS.-The GegisBAt ture C10
Amenu =. Repeal any Charter and
can M ALI k 0teu.
S. eciai Di -paien to The News.

the injunction case before the United
States Court was closed to-day, by Hen.
E. W. Ssousbtoa of New York, counsel
for the company. Ir. Stoughton's argu-
mens was very able and the points be
made and authorities he cited viii have
grea. weight after the close Of Lis arxu-
meus.
The following conversation took pace:
Judge Drummond inquired what it mrant
when counsel spoke Of limiting these
reserved powers By whom were these
powers to De limited 7 te-
Judge Dixon replied, By the Courts.
Judge Drummond-Cat the franchises,
case of repeal Of the charter, be trans
fe:red to anyosher company Z!
Judge Dixon-cleariy not.
Judge Drummond-w then would
these franchises and property be worth !!
Judge Dixon-Just what they will sell
for.
This closed the case. and the court ad
journed till half past eight to morrow
morning, when their decision will he gwen
There is rumor afoat that the State
wiz not recognize the jurisdiction OF the
Unitrd States court. There is great talk
about state rights. Quite an cAcitemsni
is n, itifestel,
MAplsoN, July 4.-The United States
Circuit Court net at eight o'clock to day.
to render decision on the application of
TIE hontholters Of tie Chicago 4 North
western Railroad for al injunction re-
s'rnining the Attorney General and Lall
road Commissioners from enforcing the
law regulating railroads, passed by the
last Legislature. The hour WAS so early,
there was not large attendance.
JUDGE DRuNNoND SAID
there had not teen time 10 prepare al
opinion in tue case but as it was desir;,
ble that AN immediate decision on the mo
ton for an injunction should Ee renderel,
he prcSen ted the folio wing as the conclu-
sious Of the court.
United States Clrcnit Court, Madison July
!, 1874. William F. Peck et al vs.
Geo. P. Paul ct. al. and tn, N. W. r.
K Co. Motion for injunction.
VI i.
conclusions of the court upon the point
made. The motion for a preliminary IN
junction, is on the assumption that the act
of the llth of March, 1874, relating t"
railroad, e1I ress and telegraph companies,
io the State Of Wisconsin is invalid We
.lihk.
TIE COURT HAS JURISDICTION
of the case. The bill is filed by bond
holksrs, cit zens cf Europe and of other
States, TO enforce equitable rights and to
prevent action by the Railroad Ccmmis.
s,oner, VIII ch may result, as a.lrseI, in
serious Injury to their rights. 1t was not
necessary to wait until the Comm issiancr>
had put the law in full! operation, and
until its effects upon the railway conpnn-
les hsd become complete. before app.ica
ton 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.
We ARE OF OPINION
that the act of the lth of March men
tinned above, was not repe..l- by the act
If the 18th 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
mentioned in their respective chai tiers,
and the act Of the 18th OF Marh 1874, the
ninth section of ahich imposes penalt,
for exGrhitant charges. There are ap-
parent Inconsistencies between these lat
named acts aud that of the | th of Ma .ch
But il becomes question of intendm meIt
on the part of the Legislature, and on the
sntns day a joint resolution was passed
March 10Th, directing the Secretary Of
State not 10 publish tie act of Mdrcil / lth,
until the 2sth Of April tacts Of la14, p.
500 In this State no general law is III
may consider :he JOINT resolution, in order
to determine Whether The legal intend
nrnt that the two acts passed on the same
day ,hculd repeal the act Of the llth Of
March and fir IN that it IS muniirst such
was not the i"tention of the Legislature.
THE CHARTERS OF RAILROAD eoRPoR.-
under the constitution Of Wisconsin, max
be altered or repealed by TIE legislature
at any time after shefr psssage. IN hsal
effect, therefore, there WIS mcsr, Grated In
NIL the numerous srInts enier ~ni.h the
Chicago g. Norhwestern Railway Com
pany now claims It's rights e f..nchi.e
ana property in shis Stafsj the foregoing
CONDITION cSntalr.a in She eonStituion Ii
became il part, by opernt ny law, Of every
contract or mortgnge Pad. by the com
pany OF by nns OF rs numerous predeces-
surs uadef which il claims.
ALL STARE AND BoNDBoLpERs
took their stock or other aecurities subject
to this paramount condition, and of
which they in law had netce. If the
corporation BY making contract ~ deed
or :: trust ct IT'S properly, could ciathe its
creditors with an ab olute, unehanaeab b .
right, it would enabIe the co, poratiun Y
its own act to abrngrase one Of the pro
visions of the fund .menial laws Of tie
state.
fEIs PRINCIPLE IS NOT eHASsEp-
hy Authority frcm the egisla trsse of this
state to corporation OF another State The
/ corpora,iens of this State is still subject to
the caBstit~ion Of VI iteonsio, ard thtr- i.
no power anywhere to 30 beyond the