, 1874-10-30

Tho refusal Of tho United Statcs Supreme
Court to advance tho Wisconsin railway caso
upon the docket WAS anticipated in 1uE TRIBUNE
two months ago. Tho case 1s now lett In its
regular order, whore 1t will not be reached under
two years. Tho statement that 1t would DO
argued next spring was amisconccption. Refer
ence was meant to another rnilway suit, which
will be tho first iu the regular order. It Ia No.
219 on tho calendar, ia entitled Blake us. Tho
Winoua st. Potter Railroad Company. and viii
doubtloes be reached late this term. Tho Wis
consln casas cannot possibly bo reached in tho
regular order under two or tlrco years. A. Hut1i-
ciont number Of cases ara already on the docket
to occupy Tho Court for moro than two years. aud,
as tho motion to advance the caso WIS denied,
al1 tho intervening cases must first bo oonsid-
ercd.
The oarliest possible decision Of tho qnes-
tions at iHHuo being doomed Of tho utmost i'm
portance, tho minnesota case will bo pressed
to a, carly hearing. 1t differs EonlowIut from
tho WISCONSIN case. Tho reserved power of tho
Legislature to alter or repeal tho charters Of
corporations does not enter into the question,
tho MnneBotn railways having been chartered
before Legislative control was contemplated in
thas stato. Tho Issue clearly presented III,
whether the Legislature has the right to pre-
scribe arbitrary ratcs OF faro an freight for the
rail,oads chartered by it. This assumption ths
Minnesota corporations haye always denied, Oh
the ground that such action would impair tho
obligation Of tho contract contained In their
| chntters.
| In 1871 tho Legislature Of that State passed
an net establishing schedule Of maximum
rates for ulI kinds Of property and for passen-
gers, aud forbade tic exaction or higher ratos
under certain enumerated peualtios. 1t being
apparent tho railroads would not comply with
| the statute. several persona residing along the
limo Of tho Winona & st. Peter RAILROAD coln-
bincd to test its constitutionality. Suit WIS
commenced III tho District Court III tho hume oi
T. D. Blake, merchant Of Rochester, MIMI, to
recover possession Of two balea Of merchandise
shipped from Winona to Rochester. Tho rate
demanded by tho Company was 81 the rate
prescribed by Inv was 81 ceuta. Tho compan!
refused to do!iyer tho goolh unless their rnte ol
charge was pad. Both parties boiug tlesirous
to ,nako 1t test caao, oyory question other thal
tho constitutional power of the State K
pass H,,cll lawa waa waivod Judgment wa
rendered in favor of tho Railway Company. Al
appeal was taken to tho Supreme Court, whnr
tbo decision OF the Court below waH reversed
aud tho validity OF tho law sustained. 10 TO
yo.ne this Judgment, a writ Of error was suo
out to tho Supreme Court Of tho United statoA
At the Bamo tinlo tho State OF Minnesota inntl
tutod suit to yacato the chartor Of the Compan
aa penalty for Its violation of the law Til
proceeding, however, was subsequently, ron
quiahod.
On behalf Of the State 1t lg set up that th
charter OF tho Traueit Railroad Company, on
Of which tho Winona 4 81. pctor Railroad cou
pauy was aftosward formed did not coutain an
: eaproaa provision empowering it to charge rate
Of fare and freight, aud that tho act IN Questio
was the lrst authority to prescribe the rateE
The appellants, however, think they will na abl
to show that Tue authority claimed waa sxpreaal
' conferred In the charters. II their position
sustained, tho question to DO paHsed upon nj
DO precisely liko that now at isauo ln tLts Stint
u @:...=---~..--.-.---.
j Quito An amusing time aro Gov. Bovoride
r aud Mayor brown having about tho dyke at
y Louis. The Mayor comes down haudsono
6 Gays tho dyhe Ia really changing tho channel