Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1874-09-24
THE POTTER ACT.
The Supreme Court Says the Railways
Must Obey the Law.
MADISON. Wis, Sept. Is.

MADISON, Wis. Sept Is
The following is an abstract of the de-
cision of the Supreme Court, prepared
by Chief-Justice Ryan, in the case
brought by the Acknowledgement and
Railroad Commissioners for an injunc-
ton to compel a compliance by the Chi
CagO i Northwestern and Chicago, Nil
waukee & ST. Paul Railway Companies
with the provisions Of the Potter law:
This court has no original Jurisdiction Of
proceedings by injunction ii the suit Of
private persons, or TO enforce private rene
dies, but has Jurisdiction Of the writ III mat
ters public, upon information Of the
AttOrneY-GGnCral, in the nature Of an
Injunction bill to restrain excess where
maudamus would not go to rem
edy the defect. The writ given 10 this
court in group of prerOgative writs is given
as a qHusi DrerOgative writ for DrLrOgatiye
purposes Atly.-lIen. Blossog Wis. 31Tl. Con
sideTed and approved independently Of Secs
IL and IA, Chap. As, Revised Statutes courts
of equity have Jurisdiction, upon information
Of the Acknowledgement ec 9ticiO. to restrain
corporations from excess or abuse Of cOrpO-
rate franchises or other violations of public
law under color OF franchise 10 the public in
jury. These sections confer no Jurisdiction
i'm this court. Whether thew operate 20 limit
the jurisdiction Of the Circuit Courts is not
here considered. 1t is for the court to deter
mine, in such an information, whether the
acts charged work a public injury. This
jurisdiction was an established equitable
jurisdiction at the time of the adoption Of the
State Constitution, and See. ,, Art. l,
of the Constitution, IN relation to trial
by jury, has no application to it.
Were this otherwise the questions raised
by these informations are questions Of
law, and the jurisdiction OF them in equity de-
pTiyes the defendants Of 10 right of trial by
Jury Chap. 273 of 1874, is not repealed bv
Chaps. 2s2 or q Of the same session. All the
chapters can and Will stand together. The
court !nda no difficulty in holding that the
Chicago, Milwaukee & St Paul Railroad
Company is The corporation DESIGNATED as the
Milwaukee u st. Paul Railroad Company in
Chap. 10 The corporation is sufficiently in
dicated by the name Used in the statute
although il had a month before added the
prefix Of Chica gOn to It's name. The cOnsti-
tutIonal amendment of 1871 prohibiting spe-
cia act, OF the LcgislatUrctur granting corpO-
rate power or privileges except to cities is
prospective only, and has no relation to exist
ing 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 College
ease, Of Woodward A. Wheaton ), IS, is con
sidered and disappr0ved as far as ii extended
to 0,tasi private CORPORATIONS intrustcd by
charter with public interests so as to cOnsti-
tute them g3tusi public corporations. This
rule is followed nevertheless, by the court,
bor,uea Il i the rIIIr of thp Supreme Court Of
the United States of the construction of a
cIause in the Federal Constitution: but the
reserved power in the State Constitution to
alter or reDeaI corporate charters was de-
stoned to take. and does take. all corporations
created under it out of the rule in the Dart
month CnlIare case and the 7 legislature has
the same power over such corporations as if
Tie rule i'm that case had never existed. The re-
served power to alter or repeaI has no other
limit in law than is implied i'm the words
Hsed-tbc power to alter or a mower to amend
a charter without entirely chappino its pur
uose or character The exercise of the
mower should be under the guidance Of eX-
IRENE moderation and directions, and should
not be oppressiye and unreasonable But all
this rests in thc legislative discretion. So far
as corporate franchises are concerned. the
Legislature is under moral obligation not
to reduce the tolls of railroads below a fair
the franchise is absolute But the power to
alter or repeal cannot affect the property or
corporations other than the franchise Such
right of property is invioable
It is not material here whether the defend
ants had elected to accept or reject the altera-
ton Of their charters. BY Chap. 213 they
were bound to obey the statute or TO discOn-
tinue their operations as corporate bodies. In
either case they had no right to conduct their
operations III defiance of public law. Chap.
273, Of 1874, so far as its provisions are before
the court in the cases, is valid amendment
Of special charters of defendants, granted by
the State. Whether 1t would be valid
amendment OF the General Railroad act OF
1872 is not here considered. The territorial
charter Of 1917 OF the Milwaukee
Waukesha Railway Company, extended
ny the Territorial act of 1913, Is the
subsistng charter of the railway built under it
from Milwaukee to Prairie du Chen. 1t does
not appear i'll this case whether the charter
under it before the adoption OF The State Con
stitution. There Is presumption in the cir
cumstances that they were. Such being the
ease, the charter IS not subject to the reserved
power to alter or repeal, and, rs Chap. 2t3 OF
1874 would impair the obligation OF franchise
of that charter within the rule in the Dart