Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1874-09-23

cnarter was accepted and the corpora
ton organized under it before the adop-
tion of the State Constitution. There
is presumption in the circumstances
that they were. Such being the case,
the charter is not subject to the reserv-
ed power to altar OR rebeal, and, as
Chapter 273 of 1874 would impair the
obligation of a franchise of that charter
within the rule in the Dartmouth Col
lege case, Chapter 273 of 1874 cannot
be held to apply to the railroad built
and existing under that charter it ac-
cepted before the adoption Of the State
Constitution. An information in equi-
ty by the Acknowledgement ex-of6cio
has the same effect as to answer and in
junction as a bill in chaucery varied on
information and belief. Now, the
question is unimportant, because the
violation of chapter 273 charged is ap-
parent from the afidavits on both sides
There is judicial discretion to with
hold an injunction and mandamus in
aid of private remedies, but there is no
such discretion at the suit of the State
in matters of public injuries Ia such
cases wrlts so peremptorily e.c debato
ja1sticise. The court has discretion to
withhold either Of the writs in cases of
positive public injury. The motions
of the Attorney General must he grant
ed, and the writs issue as to all the
roads Of the Chicago and Northwestern
hallway Company, and all Of the roads
of the Chicago. Milwaukee and ST.
Paul Railroad Company except the
railroad from Milwaukee to Prairie du
CHEN, built under the Territorial
Charter Of l847 and 1848; but before
the writs issue the Attorney General
must file in these causes his official
stipulation not to prosecute the defend
ants for forfeiture of their charters for
any violation of chapter 273, charged
in their informations, before the 1st
day of October next, that time being
allowed by the court to the defendants
to arrange their rates of toll under chap
ter 273.
MADISON, Sept 17.-The decision
of tie Supreme Court granting the in
junction compelling the Chicago &
Northwestern and Chicago, Milwaukee
4 St. Paul Railroads to obey the pro-
visions of the Potter law exempts the
old Milwaukee & Prairie du CHEN Road
from the provisions of the injunction be-
cause the road received its charter from
the Territorial Legislature, aud did not
come under State control, but the court
instructed that, should it be found that
the Company did not receive their
charter as above, they would also be
enjoined. 1t is now found by the Rail-
road Commissioners, upon examination
of the records, that the Milwaukee 4
Prairie du Chen Road received its
charter in l849, one year after the ad
admission of Wisconsin as State, and
that the road is amenable to the State
laws. Papers will be sent to ex-Judge
Dixon, Milwaukee, attorney for the
State, to serve on said road.
Mr.. Hughitt, General Stperintend-
ent of the Chicago & Northwestern
Railroad Company, will leave for Mil
waukee to-day to consult with the man.
ayers of the Chicago, Milwaukee Il St..
Paul and the West Wisconsin Rail
roads as to the best measures to be tax
en- in regard to the recent decision of
the Wisconsin Supreme court. The
above-named roads are getting every
thing ready as fast as possible to COM
ply with the law.
There are several incongruities in
the tariff of the Commissioners which
the roads will have to adopt that can
hardly be explained. For example,
on brick, from Jefferson to GAINESVILLE,
which is distance of rs miles, the
Northwestern Railroad charged hereto
fore SlO40. The new law provides
that the railroads shall charge for 25
miles So, and for 26 miles S14. Thus
it will be seen that the Company re-
ceives for brick from Jefferson to James
vile $500 more than heretofore; had,
however, tie distance between the two
points been l mile less, the Company
would nave received $40 less than
heretofore