The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-09-25
THE WISCONSIN RAILROAD LAW.
Abstract OF Judge Ryan's Decisions I'm
I'm the Injunction Cases.

Abstract OF Judge Hyan's Decisions I'm
I'm the Injunction Cases.
The following is an abstract of the
decision of the Supreme Court of Wis
consin, prepared by Chief Justice Ryan,
in the case brought by the Attorney
General and Railroad Commissioners
for an Injunction TO compela compliance
by the Chicago and Northwestern and the
Chicago, Milwaukee and st. Paul Rail-
way Companies with the provisions Of
the Potter law:
This court has no original jurisdiction OF
proceedings by injunction at the suit OF private
persons or to enforce private remedies, but
has jurisdiction Of the writ in matters public
upon information of the Attorney-General, IN
the nature Of an injunction bill 10 restrain
excess where mandamus would not go to
remedy the defect. The writ given TO this
court i'm q group O.. prerogative writs is given
as a quasi prerogative writ for prerogauve
purposes [Atty.-Gen. Blossog, Wis. 3l7l. Con-
sidered and approved independently OF Secs.
10 and H. Chap. las. Revised Statutes, courts
OF equity have jurisdiction, upon information
Of the Attorney General eL oWcio, TO restrain
corporatious from excess or abuse OF corporate
franchises or other violation of public law
. under color OF franchise to the public injury.
These sections confer no jurisdiction III TINS
court Whether they operate to limit the
Jurisdiction OF the Circuit Courts is not here
considered. 1t is for the court to determine,
i'm such an information, whether the acts
charged work public injury. This jurisdic-
ton was an established equitable jurisdiction
at the time OF the adoption OF the State Con-
stitution and Sec. g. Art l. OF the Constitu-
ton, in relation OF trial by jury, has no appli-
cation to it. Were this otherwise, the ques-
tons raised by these informations are ques-
tions OF law, and the jurisdiction of them in
equity deprives the defendants of no right
10
repealed by Chaps. 292 or 34l OF the same
session. All the chapters can aud will stand
together. The court finds no difficulty in hold
ing that the Chicago, Milwauk ee and st. Paul
Railroad Company Is the corporation desig-
mated as the Milwaukee and st. Paul Railroad
Company in Chap. 49, The corporation is
sufficiently indicated by the name used In the
statute, although it had a month before added
the prefix of Chicago" to its name. The
constitutional amendment Of 1871 prohibiting
special acts of the Legislature for granting
corporate power or privileges except to cities
is prospective only, aud has no relation to
existing corporate charters by special acts
before the amendment. These may be
amended or repealed by special act, as before.
The rule established in the Dartmouth Col
lege. OF Woodward 4, Wheaton 5, Is, is con-
sidered and disapproved as far as 1t ls eX-
tended to quasi private corporations Entrusted
by charter with public interests so as to con-
stitute them quasi public corporations. The
rule is followed. nevertheless, by the court,
because it is the rule OF the Supreme Court
OF the United States of the construction OF
clause in the Federal Constitutions but the
reserved power in the State Constitution
to alter or repeal corporate charters
was designed to take, and does take,
all corporations created under it out OF
the rule in the Dartmouth College case and
the Legislature has the same power over such
corporations as il the rule in that case had
ax;o I'd n n
repeal has no other limit in law than is i'm
piled in the words used the power to alter or
a power to amend a charter without entirely
changing its purpose or character. The exer-
else of the power should be under the guid-
ance Of extreme moderation and directions,
and should no. be oppressive and unreason-
able. But all this rests in the Legislative dis
cretion SO far as corporate franchises are
concerned, the Lei islature is under no moral
obligation not to reduce the tolls or railroads
below fair and adequate amount, but then
power over the franchise is absolute. But
the power to alter or repeal cannot affect the
property of corporations other than the
franchise. Such right OF property is in
Yiolable.
1t is not material here whether the defend
ants had elected to accept or reject the altera-
ton Of their charters. BY Chap. 273 they were
bound to obey the statute or to discontinue
their operations as corporate bodies. In either
case they had no right to conduct their opera
tons in defiance of public law. Chap. 273, OF
1874, so far as it's provisions are before the
court in the cases, is valid amendment OF
special charters Of defendants granted by the
State Whether it would be q valid amend
ment of the General Railroad act Of 1872 is
not here considered. The Territorial charter
Of 1874 Of the Milwaukee and Wsukesha Rail-
road Company, extended by the Territorial act
of 1S4S is the subristirg charter of the rail
way built under it from Milwaukee to Prairie
du Chen. It does not appear in this case
whether the charter was accepted and
the corporation organized under
it before the adoption OF the
State Constitution. There is presump
Such being the case, the charter is not sub
iect to the reserved power to alter or repeal,
and, az Chap. 273 OF 1874 would impair the
obligation of a franchise Of that charter
within the rule in the Dartmouth College
case. Chap. 273 of 1874 cannot be held to
apply to the railroad built and existing under
that charter if accepted before the adoption
of the State Constitution. An information in
equity by the Attorney-General, eu-0Bicio, has
the same effect as to answer an injunction
as a bill i'll chancery verified on information
and belief. Now, the question is unimpor-
tant because the violation Of Chap. 273
charged il apparent from the affidavits on
both sides. There Is Il judicial discretion to
withhold an injunction and mandamus in aid
of private remedies, but there Is no such
discretion at tile suit OF the state
in matters of public injuries. In such cases
writs go peremptorily er debitO justiciR. The
court has discretion to withhold either of the
wits in cases of positive public injury. The
motions of the Attorney-General must be
granted, and the writs issue as to all the
roads of the Chicago and Northwestern Rail-
way Company. and of all the roads OF the Chi
cago. Milwaukee and st. Paul Railroad Com
pany except the railroad from Milwaukee to
Prairie du Chen built under the Territorial
Charter of 1847 and 1913 but before the writs
issue the Attorney GeneI al must file in these
causes his official stipulation not to prosecute
the defendants for forfeiture Of their charters
for any violations of Chap. 273. charged in
these informations, before the LIST day OF Oc-
tober next that time being allowed by the
court to the defendants to arrange then rates
of toll under Chap. 273.
Where He Had the Advantage.