, 1874-07-03
Question Of Conflict Between tho Potter
and General Railroad Laws.
Instructions to Agents OF tho
Rock Island Road In Iowa.
Extent Of tho Reduction Made by the
New Tariff. -, ~--.
The Union Paciao Roads Re.Establish
....-., Second. Glass Fares.
-. TEE WISCONSIN LAW.
CONTINUATION or TIN ARGUMENTS BEFORE II

V8NAASVA8AoE We 'AaAN "s''uaAH4s' - '''140"'~ ~
,; -.: uN1TED STATES COURT.
MADISON, Wis.,, July 2.-At tho opening Of the
oourt This morning, tho legal fratornity wcre
-. .. 80 sa.s.aa ~, Ta,,,or on1 +ho
ont IN strong iorco' ana uoV. AaS'or anu tnu
hatiWAy commissioners were aoioAB tnc k"tsSus
oo,t}d mt ,,ave nuon desired, Judae Dixon re-
oo,,sI;,aroa ,,ia dotor1ninntfon not tn enoak
G-'ou eG-4hav ~ I hot.1f IT. ~ The stato noaumlnr
hia argument at tho point whoro ho con-
tended the powor Of tho Legislature over
tha railway cornoratfona was uulimftod. he ar.
arad ~ 11T III moro nnoncv than on the previous
day, thRtthe question potoge TUG ooats WAS not
judicial ono, but waB -puroly Legislative. It
was expected that the point rs to the iurhdio-
linn of tho nourt would have beon raised BY the
ae1auae ~ toe opouns =. sao ea's.
:: - WAS THE Law REpEALEpf
Afterrovlewtng at longth tho argument Of Mr.
- 49, a,a;,s .t1sforr,1 h., I'm onor,ain,rt ,h,t
w., ~ ~ a.,,1o.S 1.s nsnst ti,aarn,tnoton
sno general fa'4road law aga,ns' alscr'mlna''on,
oeit'g passed. subsequent to the fo1tor LAW, anu
roulletipg wit,lt, therefore repoaled the lettos.
rootoI roc % tnat the publication Of tie Potter law bo
suspended until April as, whereas tho general
law was published March 10, and, as 1t was o.
prossly provided: 1t should not take effect until
a. H. Ests 9T became tho ss epq
frat annsal ho hsd mado hefora oourt for six
toeu yoars. Followinr him closely. tAe Hon. J.
q. Sloan. Assistant Acknowledgement, rogo and
DENIED % Tnr yunrsp1or1os or TIE UNITED erArry
counr
in the case. citing tu support tho Eleventh
Amondmont to tho Constitution Of tho Unitoi
etatos. II such interference we're persisted In
would not be left to tho State enough rights to
make them worth having. Proceeding to dis
ougs tho main question, ho earnestly coutondod
that the power of the Legislature oyor The cor
nnratiou waa unlimited baBinr f,iB vhola arnu-
mont on Tint assumption. In defamation AIr.
9joa11 surpngBed his prodecoasors. while in In.
eonulty Of statement he is rarely equa1ed, Tho
ill Of the complalnansH he contetldel. contained
s,o speoino ntlo0ations. There wore no ouoa-
tions ~ Of TACT. Tie Northwestern Hallway
Company bad not given tho ratoa named in tbe
Potter la1 trial, aud could not, therefore, de-
tcrmine whether thoy would be ruinous, ss
'eos'er rrsrn,osr As 70 THE u1oH RATES.
James McHonry, q distinguished Euglisl, rail-
vey.u,an. had rcceutly stafod fiat tne rates for
transportation IL thia country were too high, and
sae1s shsss II ope9e gsaa''a tho companies would make
Alludinr to tho deoaiop OF tho United States
,Hupromo uourt. Ia tho caao Of tho gheboygan i
Fond du Lnc paiIroad. recognizing and aus-
:tninjpR tho reserved powor in tho Constitution
N1HEG11S1H
.eontsnded ' ii that wbile tho power to limit was ad
raitted. tho limitation It set was not prescribed.
r did not oyon require tho Limitation Of rates to
ho roaBonnbla: that word was not mentioned, aa
It would hayo boon had tho Supreme Court in
tended to eatabliah that tho rates should be
reasonable. -
For two hours or more until tho noon nd
moaninr of tho words; t.Alter or amend, ," n ain
tninn1 that they moant ths right OF tic Stato to
alnoud tie ohnrfer Of tho railway corporations
40 90 to
romuuorntiou or not. Tho position hold by tho
counsel for the State Is thai, II the Logisfsturo
lmpoae unremuneratiye rates, tho alternative Of
the railway was 10 ask tho LeRtslature for rolief
OF elao surrender their chartors 70 out Of bust.
liz prohasers as % would on b oblisoa 70 ask tie
Legislature for now charter before they could
operate the road. Nr. Sloan wont further, taxi
tended that the Legislature would 80 regulate
Tho railroads Us to dopr1yc them of any compon-
sutton whatever for tho services reu-
dcrod, aud, . undor Its right to
iiconso Companies to operate thotr roads, tho
State could compel them to pay oyer their eutiro
grose raoeiptT as taxation for tho license granted
e them. THIS atupondous doctrine Mr. sloan
sought to support by numerous citations Of au-
thorities, desr:re tho provision in tho Conatitu-
ton that taxation ahall be uniform. He oon-
fessed It might be
uNw1sE ron oAp11A1rsrs TO 1svEar
In a State whero tlo Constitution reserved tho
ripht to DESTROY the property at viii, but where
they did SO on that understanding, thoy must
submit to the consequences and trust to ths
magnanimity and good faith Of tho Legislature
10 romoj)y olv act wrought against the corpora,
Hon.
In this atrait, presenting hls caae power
fully. Wr, Sloan, continued for half an hour
after tho Court mot in tho afternoon. Through
out his argument he fully sustained his repntn-
cation maintained by Tia connBel Tor the stnts
evoked stinging ;oply from tho Hon. 2. Y,
stougl,ton, Of New York, counsel for tho bond,
holde,s. This ho made. before proceeding tt
tho delivery OF. his printed argument, in Ian
guage Indignantly strong. He depicted
TUE p1suoNonAnLE ATTITUDE WISCONSIN As
suMED
boforo tho world, mud atl1rmod that whor
tie legal az IL lifted it must be by 4
Legal bond, To tho embarrassment Of Ju1gt
Dixon. Mr. stouelton road from the opinion oi
that gontlornan Hhen Chot Justice, in tho she