The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-06-18
CORPORATIONS AND THE PEOPLE.

The public interest in the contest between
the people and the railroads of Wisconsin Is
growing deeper and broader every day. Ii
the State maintains It's right 10 regulate the
tariff of the roads doing business within Its
boundaries. one great point in the war
agaist monopolies will be gained. The war
now has assumed a new phase, and one that
ought to have the effect OF determining III
short time the actual I.ower possessed by
State Legislatures 10 control railroad cor
porations The companies refused To respect
the tariff established 10y the State Commits
sionerS, hence several cases Of 4 violation of
the law were soon made up, which enabled
the Attorney-Gencral Of The State 10 instr
tute proceedings in the Supreme Court OF
Wisconsin for the forfeiture Of the charters
of the offending companies, the Chicago and
Northwestern and Milwaukee and St Paul
companies being among them. 1t was ex-
pected that, whichever way the Supreme
Court decided, the losing party would ap-
peal TO the Supreme Court OF the United
States, and thus the question would be
brought before the court Of last resort for
definite settlement. But while the State has
been proceeding in this direction, the COM
panies themselves have taken the initiative
in another, and will doubtless succeed in
getting the question to Washington in a
shorter time than the State authorities
proposed The creditors of the Chicago and
Northwestern Railroad Company, represent
ed in part by prominent New York capital
lists, have applied to Judge Drummond, Of
the United States Circuit Co... ~ a.
junction restraining the A..slIey-General
and the Railroad Commissioners of Wiscon-
sin from instituting any proceedings, legal
or otherwise, or from taking any measure of
any kind for the purpose of enforcing or ex
| ecu;ing the provisions OF the act passed by
the Legislature regulating the fares on the
railroads. From Judge Drummond the
case will be carried to the Supreme Court at
Washington. The grounds upon which the
creditors ask relief are that if the State law
is enforced the Company cannot derive
enough money from all lis sources of income
TO pay the operating expenses OF the road,
maintain its equipments in n proper state OF
efficiency and pay the interest on its bonds,
therefore the law inasmuch as it impairs the
obligation of contract is unconstitutional.
The answer Of Senator Carpenter and At
,orney- General Sloan is to the effect that the
creature Of State Legislation canno, he above
its creator that the clanse in the State con-
stitution giving TO the Legislature the power
TO alter or repeal charter is a part OF every
contract made with or by corporation, As
much as though it had been written in the
bonds. and that the claim that railroad
can confer ON its boniholders constitutional
rights which it does not possess itself is "a
mockery OF argument and an insult 10 com
mon sense
This is how the battle stands. AMI no State
in the Union is more deeply interested in its
final termination than Kansas. The fate of
the movement against corporate monopolies
is almost bound up in this decision, and it is
needless TO say that the people OF the West
view the progress Of the contest and await
its results with the most eager interest.