The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-06-06
STATE OF WISCONSIN,
EXECUTIVE DEPARTMENT, 7
MADISON, May 81, 1874. ,


STATE OF WISCONSIN,
EXECUTIVE DEPARTMENT,
MADISON, May 81, 1874.
To the People Of Wisconsin:
The act of your Legislature passed at the
last session, entitled, An act relating to rail-
roads express and telegraph companies in the
State of Wisconsin" approved by me,
March H. 1874, III the firm conviction of the
necessity and validity of such legislation. But
in order that ample time should be given the
railroad companies affected thereby to arrange
their business so as to meet its requirements,
the legislature very considerably directed that
its publication, which was essential to its
taking effect, should be delayed until the 2Sth
day of April.
So far from using this period of As days for
| such purpose, however, two of the most pow
erful railroad companies as you are aware to
wit the Chicago Milwaukee and st. Paul.
and the Chicago and Northwestern Railway
Companies, appear to have employed it III con-
spring against the law, and III laying plans to
defeat its operation. To this end they pro-
cured, and widely published, the opinions of
counsel hitherto i'll high repute, denying, first,
the right of the state to limit the tariffs of
railway corporations and secondly. upon the
basis of en- pdrte testimony pronounclng this
particular law invalid on account of the rates
therein prescribed being unjust and unreason-
able, and gravely encouraging disobedience to
Acting upon these Opinions of interested
counsel, and under the dotatien of directors
residing III remote parts OF the country. the
presidents of these companies then addressed
| to your Executive, communications declaring
their belief i'll the injustice and invalidity of
the law, and their deliberate purpose to dlsre-
gard its provisions,
IL is known to YOU that immediately there
after, to wit, on the first day of May | made
public proclamation of these facts, declaring
that the law of the land must be obeyed that
while the right of all to test the validity of the
law is conceded, with that right is coupled the
duty OF Yielding obedience to it's requirements
until it has been pronounced invalid by com
petent authority; expressing the hope that
better counsels would yet prevail with the
railroad companies Of the state; and enjoin-
ing all railroad corporations. their officers and
agents. peaceably to submit to the law
This counsel and proclamation of your EX-
eoutlve have been wholly disregarded.
The corporations above named have ar
ranged their tariffs without the slightest APP
parent regard to the classification and rates
prescribed III the law and prepared and pub
lished by the board OF railroad commissioners.
In MANY eases they have even increased their
rates for transportation of freight above what
they were when the law was enacted and be-
came of binding obligation
They have issued commands to their agents
end employees, requiring of them a like dlsobedl-
ttllleG anu NlICll, III uidllN
cases, practically amount to cOmpulslon thus
using their influence and power 10 insure the
criminal disohedienUe of many citizens, habit
uat,ng them to contempt for the authority of
Tie state. when its laws are not III h"or,
with supposed self interee+, and benaa edi5y
tributmg III high ueg,ee lie weaken the res
pect for law III general
they ele now eXacting and receiving ,ftss
which the Legislature after r,,ilh considera-
ton, and the patient hearing of able counsel
aud ofncers representing their interest has in
effect solemnlv declared unreasonable uninsf
and eXtortionate, and they boldly proclaim IA
the authorities and people Of the stair sT,i 10
the world that they VIII eotitntlc so to do anv
Law of the atate, rot approved bv them to the
contrary Notwithstanding In a word they
nave set up another law than that of the state
ana have made obedience to it the supreme
DUTY OF all their corporate servants aud the
present necessity of the whole peopie
NO objection Is made to any lust contest I'D
on the validity Of the law Tbs coI,rts of tbis
state are open to every sutton and he cause of
every defendant will be heard with ir,partisI
lty and decided upon principles OF Justice. In
deed. the state has already instituted and will
urge to the speedlest possible issna suits in
the supreme Court inv Oh Ing; tie validity J5rt
Tor the meantime on until the law is amended
ef repealed. 1t Is sufficient for vour Executive
and should be enough for every corporation
ana every citizen, that the principle upon
which 1t rests has been affirmed by the Su-
preme Courts of the state and the United
states, as well as byvery many of the ablest
Junsts In the country aud that the statute it,
self has been i'll due form enacted and approved
and is the law of the land
III other motives were needed to insure ODE
dlence to Its mandates 1t might easily be found
III the fact that the law had origin in a deem
conviction widely felt, that the railway corpo- |
ratIons of the state although REGIMENTS of |
gifts
stances, eXacted excessive tolls and made nm |
Just determinations, to the injury of citizens
and the enrichment of directors aud MANAGERS
II not of stockholders and that the very movers
conferred upoh them for the public good as
well as Tor their corporate ADVANTAGE have
been Systematically exercised to prevent tbe
enactment Of just laws for the redress of these
grievances
However tins may be, it cannot be suffered
mat the charge of unreasOnablene-s made nv
nose whom the law seeks to restrain from ex-
.ortlnS excessive rates shall so far arrairn its
business as to suspend its operation until by
he tedious processes of the courts DELAYED
~ appeals and every possible legal artifice lis
'alldlty Is at length, fully determined sinh
Mission like this on the part of the Eyecutive
md people would resultin a continuance of ex-
gains by the corporations and nor
laps yet greater sacrifice by the people for
ears to come. Nor is this all The DELAY heinz
rahted' what guaranty is to be found in the
resent attitude OF these great CORPORATIONS ,
hat they would yield a willing obedience in the
vent OF an affirmative decision by the courts ,
they nave become 80 strong and ndepend- )
mt OF the state that the legislature cannot he
lre of their obedience until lis enact,rcntS ! !
re first approved by the courts. is if certain
nat even the courts will be able to effect )
ompiance c
1t cannot be suffered that GHY law. which |
ne legislature has enacted and the Fxecufive q
ha mt in, a.
lth open dI-obedience and fragrant coptempt | +
y any person, corporation or combinations Of 1
operations, on the plea of 1lirtaSOuGbicDoss T.
upon any plea whatever. Such a suffer S
zee would tend to a subyersion of all LEGAL a
lthOrity. :
Fellow Citizens: The foregoing facts and +
can lead to but one cOncJusion e
5 stated III my annual message: a
1T must be admitted that railway companies ST
g necessary to the prosperity and develop S,
ent of the state. and that in the DISCHARGE | -
thelf honorable obligations to the public, "
ey are entitled to the pubic gratitude and III
sltlve uniform protection Of the legislative h
thorlty. In tins matter the people will q:
AXE no peace with enemies, h,tt they seek no Il
II with friends. While they are willing to =,
courage to the fullest extent the devotion -
7nt OF the railway system of our state they le
mot submit to manifest injustice nor per I'll
{ the abuse of chartered privileges II,
The law must therefore be enforced and W.
tn rlSor duly prOportionate to the power "
defiance of the offenders 10
It Is Tor this reason, and because of the Ill
neral misapprehension that exists as to the an
ps necessary to the enforcement. that [ m
We felt It my solemn duty, after reasonable LOT
ay and the accumulation of evidence To -,
low my proclamation with this plain state vi
mt of the whole case i'll its present asnect We
ing forth the nature and enormty of this III
ispracy against the law the danger il 90