The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-09-18
The Wisconsin Railroad Case.

The celebrated Dartmouth College case il
as famous in this country as the rule iii SHEL
LEY's case is in England. The former ha;
seen the sheet-anchor Of many case that
has gone through the courts in the United
States. But its reign is at an end. The
shrewd lawyers who compose the Supreme
Court of Wisconsin have found joint in its
armor, and we quote from the report of their
recent decision:
s.But the reserved power in the State Con-
stitution to alter or to repeal corporate char
tiers was designed to take, and does take all
corporations created under it, out OF the rule
in the Dartmouth College case, and the Leg
stature has the same power over such cor.
,yoratiors as if the rule in that case had never
existed. The reserved power to alter or re.
neal has no other limit in law than is i'm.
plled in the words used. The exercise
of the poHer should be under the guild
ance of extreme moderation, and should
not be oppressive and unreasonable.
But all this rests in the legislative
discretion. So far as the corporate franchises
are concerned, the Legislature is under a
moral obligation not TO reduce the tolls OF
railroads below fuir and adequate amount,
but its power over the franchise is absolute.
But the power 10 alter or repeal cannot affect
the property of corporations other than the
franchise. Such right of property is inyio
late. 1t is not material here whether the de-
PENDANTS had an election to accept or reject
the alternative of their charters by chapter
273. They were bound to obey the statute
or to discontinue their operations as corpo'
tate bodies. In either case they had no right
TO conduct their operations IN dehance OF
public law"
The Legislature Of Virginia has for many
wears put into every charter that it granted
4 clause reserving the right TO alter or repeal
it. So that this Wisconsin, decision will be
interesting to Virginia lawyers. 1t atirms
the right of the Legislature to regulate the
charges upon the railroads in Wisconsin, de-
claring that the whole subject rests within
the discretion of the Legislature. The most
bigoted and prejudiced Granger could moi
ask more.
The subject is highly important as well as
interesting. We have long been Of The
opinion that such decision must be reached
in time. It is impossible that whole State
should be left to the mercy Of incorporated
companies simply because they have charters
securing to them certain privileges. These
privileges must be privileges with CORE
spending duties and obligations.
The following shows the limitations of tht
new decision:
Is laflraukee, WIS, September l5.-The
injunction issued by the Supreme Court to
day applies to all railroads, and parts Of rail
roads, in The State, except that between Mil
waukee and Prairie Du Chen, q division o.
the Milwaukee and st. Paul railroad. The
reason for this exception Is, that this line is
the successor of road holding an old terri
torial charter, and hence is not subject to the
clause in the State Constitution which au.
thorizes the Legislature to alter or repeal
charters. The Prairie Du Chen line is less
than 300 miles long, and the St. Paul Com
pany has 700 miles of road in the State. The
remaining 500 miles is subject to ipjunc-
tions.p