, 1874-05-18
Petition Of the kttorney.Gcnoral to
tho Supreme Court,
Asking Leave to Bring Suit to Vacato the
Charters of 7hoso Cor
porations.
Ordcr of tho Court Granting
Leave to Bring Such
Action.

uhadowed, proceedings were commenced In tho
Supreme Court OF this State for tho forfeiture OF
the charters Of the Chioago Milwaukee Il st.
paul, and tho Chicago i Northwestern Railway
Companies, for having tioiianty md habtnally
violated law Of tho stnte regulating taoir fra'l-
chiBoH On tho mooting Of the Court yesterday
afternoon, for tho purpose of announcing opl-
ions at tho o!ose Of tho wintor torm the follow
lug document waB presented, which Ia givon In
full, az tho first OF its kind III this stato:
curoAao, MILWAUKEE + ST. rAu1 RAILWAY con-
PANY.
~ rhc Ts %tori'ey of the sato 81 Wisconsin
Rrecttuny shows, that tio Chicago, Milwaukoo 1 st.
Iaui Railway Company In corporation, othor thnn
s''fin1 ths nWs of guy tie % ss!e Of w,ssonain shss
a.. ss owasa snS Operated apo Go c
railroad within The state Of wisconsn and ever Bincu
that time hns uael mauagod and operated inc saino
du tho transportation Of freight md phEsanHcrs upon
And yor petitioner further ahove that the Lcgia1a-
he 1874 duly passed a act entitled "An at re, e.
atsna to ratroa EXPRESS and telegapa o1
3ha saS o1 Of s4 n H. gf H.
said sct wns duly publiHhed tho 25th day Of april,
1874, ant took effect on thnt day.
no 1sf nss eassss All ifps Rhs y s
gJ and sa o o ereed
by said 1proas for tho transportation Of fresgts and
passengers over their respective roads fixed nnd ln-
Aud your petitioner further shows, upon informa-
lion and bele that the Of Raid railroads
md freigtg, uil ta ratcs Of compensation for tho
transportation Of freight anil passengers upon sai1
railroads, az fixed and established by sad chap e15'
,ro just ad reasonable, and within tue proper oxer-
"A Aud w your potlonsr fnrnor ahows tint tho said
phcago. Milwaukee 4 st. Paul HALLWAY Company, On
jlo 2Jll day of April, 1874, led iu the olUo Of tho
Governor OF Tho State Of WISCONSIN communication
ii writing, aigued by Alexander Mitchell, It's rxcal-
prnoso to dsrogard he provisions ii said Gimp 273
tu far tho attempt arbitrarily to liz rates OF
Compensation for freiyAts an1 ss9;ngsrs IND to to
WISCONSIN without regard to It's requirements.
And YOU. petitioner furher ehows. that the sud
pr about tho 9th day Of Msy 1874, adopted md tsxucd
turiT Of fur frelalts betwse local statiuns
within tho state to sahe effect On the s aay o. sy
their road within. said State Of Wisconsin, mud
l. srossra Of Tic 4aea and casacatan
sixcl by said Chap 49, and contrary to tno require
sntf % sa tne e ta a
Erctto,s to charge, de1and, and receive Of III per.
1ons aasng oyer their roaa of shipnti1&E t & dfoghf @
nlv,sd In tho several tarldH aud xcrucs 10 Issued
by said Company. -
tion, rates, an. compensation 40 adopted by said
Company are tliferen aud h!Hhor, and greater, than
those liked by ssi ChAp. 49, and arc in no respect
tn conformity Herewith, bu. arn unjust, uurcaaona-
fnd yor petitioner further shows, Oh information
Chicago, Mlwaukoc 4 st. Paul halfway uoulrany has,
c7er hinco tho 9oth day Of APRIL 1874 used aud oper"
aea IT, rarGaa ., within s snte - Of . a III y a s
il daily nahituay charging and receiving creator and
higher rates and compensation Tor tue
Of freight aal passonYers upon their sr!d road within
the State than fl1th, established. nnd allowed by
Bald Chap c3 nnd that said rates aud compensation
ns aforcsaii for carryI,E frsSht whic docs not COME
rrom beyond the ba,nIaries Of tho stata ana to bo
eurfe1 asros, or through ths stato: th, .h 10Th
day Of May, 1674 tho ead 1silroad Company charged
md received Of ono Daniel Stephens, Of ths City Of
luz soSo trck M from tlo city Of wstertown to ths cy
Of Madison, 1n said Ssate If WlBronsin Tho sao be-
s cs ons e sas IL eG as1 N.Y. H. i
Car 1,4g7 nlld your petitioner, Information and
belief. shown, "thas sud charges md aurn 20 do
waa 81 III cxcc4s Of Tho demanded ind received by
tue sunle Company for the aa,ne service during tho
1sd sa op S. md 'a
And yous po.tioncr further shows that on the 11th
day Of Muy, 1874 tho Railroad Company charged aud
received of S. caawal'udor Of ths City Of slad!so,
ths su Of 60 Cents for ticket upon hur roal from
inies. Which, said uum exceeded ths ratu liked therefor
by aaid Chap. 27s, aud was unreasonable and sxtor-
That tho said Chicago, Milwaukee, st, Paul Rail
road Company have by the acts, omissions and things
herein charged uud xet FORTH violated tho proyisona
WISCONSIN, by abuxo Of IT, powers, and has offended
aguinst the provisions Of tho Heyera acts Creating and
y
thereby forfeited Its privileges franchise aud charter
Thut your petitioner has reasoa to bolieys that The
usypral uctp. omissions, and tAnss rs herein alleged
ind forth, DO established by proof: that diver
particular and specific ytolaioua Of tho provisions o
1hny1 TIM Of tlb State.
to DO herein conveniently specified mud SGT forth
rsn DO established by proof.
against tic au1l Chicago Milwaukee {: St. Pau! Hail
s saan s s e'F
4. scoTr BIotH, Attorney General.
onnEn THE COUNT.
Htco'tsin ~. Taa Chicago. MtlsrauEte Il 81. Pa"
q, rcaliny nd iipg tho petition Of A. Scott Bloan
attorney General Of tlo state Of Wisconsin, H.
10 tie Attorney 0eneral. to bring MI action IN tn
nnture of quo warrano In the Supreme Court ln tn
namo Of tho sato Of WISCONSIN, agunst tho Chicagc
ot!sr than municipal created and ex.ti,lg under, an
by vrsue of, the laws Of tho ats Of Wisconsin for I'll
rlrp#a Of Yacatlnb the charter md nnlllug tho
isseco OF ssid corporation ~ prayed for III sl po
lion.
CHICAGO NORTHWESTERN HALLWAY COMPANY
! Tho information In the oaae Of tho Chicago !
Northwestern Railway Company Ia similar to til,
ubovo. It commoncos by stating that 1t ia
corporation, other than municipal, organi xc
nndor the lava OF Wisconsin, mud operates abo
500 railoH Of raslroad within this Btate for til
transportation OF frelgllt and paaHoRgera; tic
nots forth the fact of tho enactment Of d law
tho Legislature Of tho State OF Wisconsin, ut Il
last session. classifying tho railroads OF the Stat
and fixing the compensation for freight and pa