, 1874-05-05
paaaengera 9. freight. In doing this II purports 70
full service Of e franchise, which II In no degree

passengers OF freight. In doing this II purpors 70
maintain and continue md compel ts exercise Of tho
arnssa an ea s fsnss witch no degree
.nss ns Tn0s ,S se.y I'D r n: sssstea
s resao q s my upoa
consideration Of tho public l,eno1t In reducing those
smolnmena and not Of the private interest Of the cor
erty; 1talao assumes tho power and right Of tho aato
to adniniaor and contlrct tia actual tervloe Of tho
orvaion Of tho details Of sch icrvice paoed ia tho
hands OF osl!cora Of tho stato.
Of thia assorted dominion oycr Its buslnoas Anl In
T. p o ssaes9n M Of e sGoght md tsres
real nature oi this asserted .rtght on tle pnEt
cxlsts at Ill, full authority 10 cocree this cor,
poEation, u. Eenel ennctments, To- ths in. tnll
Ing to Il any rata Of froghs fires TINT would fur
nish any earnings to meet ha interest tho mortgages
ent Or :ay adequate provision for tie running e1
must regard, tbon, tho authority asserted IN bo-
haf Of the State by this Legislation g equivalent to
repeal or utter tho charter Of private corporation Of
right to appropriate tlo property Of suoh corpora
she Lsglslaturo. and without compensation This su-
shority, thus asserted Is equlvalent elao 70 c!ulm
snan'an to eonsrac. q tho eharer in full forco IN a
It's engagements, oneroua to tho Company. under
Fl an, t s ssn o pfo "
cannot think Tint this right s reserved to tho State
BY any true Interpretation Of tn c9auso Of tho Ooust
tuition Of Wisconsin, and ain Of opinion TINT the
puAory legislation which imposes this private cor
poFstion the regulation Of ita enolumcnta and tho
auparvisfon Of IT, administration BY tho State, In re-
pugunnt to tho causoa Of tho Constitution Of Wlacon
sin which prohibit linking property tor public use
without just compensation and tho passing OF any
aw 'pa','rag tho OBLIGATION Of eontrscs and that
States from passing any law tnlpariuR tho obligation
OF contracts.
Mr. Eyarts nozt srsaes that tho roasonabiencsa Of
zhros froights when tho law requires Of MI
carrierI Ia judicial one, sDlvablo before court
and jury, aud upon tho actual circunstancea Of each
disputed tsanaaetton at tho time It aracs.
1arth u. 1874, males VII railways public highways"
lr Evarss is Of opinion that this does not alter tho
sompoxon Of The ~ M9as.ton ior ssys ho: ~ the est
and paid for aud owned BY this private corporation
into public highway, in The sonao that tho public
hare right 70 use 1t without compensation, and Auy
ebs.rashon Of tho public right by tho corporation
Turfion Of tho property n question to the pubic
plain viola,on Of The Constitution Of Wisconsin
public use highway would be. Probably no vory
hannito meaning purpose inspired this declaration
II Ia not, In my opinion, occtual to dyest tho NIL
Hauk:e 81. Paul Hallway Company of its property
way"
Entertaining these vcws Mr.. Evarts says ae cannot
Atlvse tho Milwaukee st. Paul Railway Company to
ccncede tho rights asserted tho part Of tho State
and concludes:
II reserve Tor further consideration tho various nnd
Important special questions submitted 10 In tho
caae, and any further observations upon tho diattnc-
items to be taken between theso lava OF Wisconsin and
tho Legislation Of Iowa and Minnosota.
'"NEv Yoar, April a7, 1s74n " ~ ~'