Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1874-05-07
Railroad Defiance of the Law.

tablished schedule of charges and
tariffs that ignore the last winters
legislation, and the Governor has
proclaimed against the procedure.
Some Of the papers utter tremendous
anathemas against the companies
They are engaged in open war with
the people, and their trains are
nothing less than Fort Sumpters and
Fort Wagners running Oh wheels.
Doubtless the railroad officers and
employees intend to disobey the law,
and they are liable to arrest as Tor
a misdemeanor. Now if they VIII
attempt to shoot the sheriff or run
their locomotives over bis posse,
then we will 60 in for martial law,
and If we can't whip Generals Mer-
rill, Mitchell, Carey 81 Co., single
handed, the people should press into
the service even General Sherman
and the entire United States army.
But if the railroads only intend to
provoke a law suit we will meet
them there. One of the leading pa
pers tells the railroad managers that
they must obey the law till declared
unconstitutional. We don't see how
the constitutionality of the law can
ever be tested unless the companies
choose to disobey the law. This
they do Of course at their peril, and
lawsuits, complaints, indictments
and public and private prosecutions
naturally follow. If judgment goes
AGAINST General Merrill on an indict
ment he will be thrust in the common
Jail, or perhaps sentence will be sus-
pended and the case be carried up to
the highest tribunal that America at
fords. Unless the parties are bent
on general set-to, one case might
be agreed on which would eottle the
whole question. Should the COM
panies obey the law and it finally be
Judged invalid, there is no provision
to indemnify them for the loss in
flicatod on them by the law. When
the legislature some years ago enact
ca that the stock Of national banks
was liable to taxation, these institu-
tions denied the constitutionality Of
the law and withheld the payment
Of the tax until the validity of the
Law was established. 1t is perilous
to refuse obedience TO law because
it is unconstitutional. But they
must take that course if they wish
to test the validity of the law, and
they act at their peril.
The authors of this policy will
doubtless succeed-in fact they have
already succeeded in putting an et-
fcctual and perhaps "a perpetual stop
upon all investments of money IN
railroad enterprises. Already the
report comes that tho iron trade for
railroad purposes is cut off as with
knife. The blow will reach all labor
ing classes. The promised good is
far oil. Nobody can doubt but that
tho law is valid in reference to all
railroads hereafter built, if anybody
choose to build them subject to such
control But in reference to rail
roads already built, the corporations
contend that like all other contract
ing parties they are entitled to re.
eeive for ireights what their services
are reasonably worth. They say
this compensation cannot be ascer-
tanned by lava law passed after
the roads are built-but must be de-
termined not by legislation but by
the courts of the country. 1t may be
that the companies are right in this
view of the law. 1t looks plausible,
and 20 we advise all parties to con-
troll their wrath till the question is
determined. OF course no one can
ask the companies to run their cars
for single day, if they run at q loss
RAILWAY COMMISSIONERS. Gov
ernor Taylor has appointed the fol-
lowing Board of Railway Commits
sioners under tho new railroad law
which went into effect on the 28th of
last monty
Joseph II. OSBORN, of Oshkosh, for the term
OF three years
Geo Ii. Paul, Of Milwaukee, for the term of
two years.
term OF one year.
50 far as the selection made by the
Governor is concerned, we do not
know that better men could have
boon chosen, or that there could have
been less prejudice shown in the ap-
pointment of the Committee. The
Republican, Democratic and Reform
parties are represented DR.. Hoyt is
well known to the people of this
State. Mr.. Paul is of Milwaukee,
Democratic in politics and is known
as . gentleman of ability. Mr.. Os-
born is Chairman of the Executive
Committee Of the State Grange and
until recently has been the State
agent of the order. He was recon-
msnded to the Governor by the
Changers and we presume he was APP
pointed as special representative Of
the Patrons