Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1874-05-27
Wisconsin Railroads.

The suit mentioned below may not be
the result of the " circular just issued by
Gov. Taylor but it is just in the line
that he wants the people to work. He
wants the citizens should insist on paying
only legal rates and prosecute all viola
tons ofthe law. The attorney general of
the state has petitioned the supreme court
for leave to bring a suit against the North
western road and the St. Paul road to
vacate their charters for violating the laws
of the state.
Senator Carpenter has come out with
letter that will be vastly more popular than
his last summers salary grab speeches in
his adopted state. Mr.. Carpenter reviews
the opinions of Curtis and Evarts that the
g Potter law " is unconstitutional and takes
the opposite ground, showing once more
that doctors of all kinds disagree.
He holds the railroads to be "public
highways" citing the supreme court of
the United States in Olcott VS.. Fond du
Lac county, 16 Wallace, where this doc
trine is avowed, and is moreover declared
to have been 1.-THE doctrine of nearly all
the courts As to the full and absolute
intent of the reserved power to "amend,
alter or repeal charters, he cites two
cases, in one of which the supreme court,
though the late Judge Nelson, affirmed the
power of a legislature to so far g alter y
the organization of bank as to substitute
individual liability of the corporators for
Joint liability. In a subsequent case, the
court held that the presence of this reserva-
ton in the state constitution or statutes
was equivalent to its assertion in the char
ter itself. In the case of Olcott, first men,
toned, which was Wisconsin case, it is
expressly declared that this reservation
places in the hands of the state of Wiscon-
sin the control and regulation of the rail
road. Its use can be defined; its tolls
and rates for transportation may be limit
ed
The following notice of a pending suit
shows that the courts will soon have a
chance to deliver an opinion on the nature
of this law and to settle the question which
is right legally, the railroads or the people,
Evarts and Curtis or their able opponent,
Senator Carpenter.
The Wisconsin grain shippers who re-
fuse to pay more than the rates laid down
by the Railway Commissioners are met
by the refusal of the Milwaukee and St
L IL ho;
terms. The struggle thus goes on, both
in the courts and in the markets, and the
question is who can hold out longest. If
the Wisconsin law is upheld by the SUI
preme court of the United States, the peo-
pie will have the railroads at their mercy,
but they will have purchased their victory
dearly by keeping foreign capital out of
the State. If, on the other hand, the cor
porations are victorious they will still be
| in an unpleasant position unless both par
ties can be made to realize the mutually
of their interests and cease this unprofita-
bic wrangling.
The first suit under the new Potter rail
road law of Wisconsin is in progress at
! Milwaukee. H. NJ. Ackley and George
| Villas, lumber dealers, had two car loads
of lumber come to OconomowOc from
| Oshkosh VIA the Chicago and Northwest
ern and Chicago, Milwaukee and St. Paul
railroads, the former road carrying the
! lumber to Watertown Junction, and the
latter road thence to OconOmowoc. Mr.
Ackley rendered in payment of freight
$50 for two cars under the new Potter law
which the Milwaukee and St. Paul Com
pany refused, demanding $50 according to
their tariff, and held the lumber for pay
ment of freight. Ackley seeks to replevin
the lumber, and also sues for damages for
unlawful detention of the same. This is
a bona tde private suit, and it will be
made test case, and as such great impor-
lance attaches to it.