The New York herald., 1874-09-16
THE WISCONSIN RAILROAD DE.
CISION.

Thc HrHrOa0 commissioners Notion for
an neutrality-suspicious. OF the Potter
Law-The Dartmouth College Case
and Other Points Of Prec edent-Cor-
porate Charters Cannot Supersede
State LegislatiOn.
MADISON Sept. Is. 1874
The following is an abstract, prepared by Chief
Justice Ryan, Of the opinion OF the Supreme
Court or Wisconsin in the case brought by the
Attorney General and the Railroad Commissioners
for an injunction to compel a compliance by the
Chicago and Northwestern Railroad and the
Chicago, Milwaukee and ST. Paul Railroad Com
panies with the provisions OF the Potter law.
RULIsG THE COURT
This Court has or igina jurisdiction OF proceedings
by Injunction al the suit OF private or to enforce
iers OF public injuries upon Information OF the Attorney
IN n ma,mfe OF an Injunction @ bid 10 restrain
feet The writ given by this Court in group OF
snd L. & aa.sss I and
GT G oa sa S a in h a asye ii
from excess or abuse Of CORPORATE
tine pao ons no
to limit Ai the court %9eaA'G Of they
cut Courts not here sonsasTsd lar
the acts charged work public injury This jurisdiction
the Adoption OF the state and eeon 5
article the state constitution in relation to trial
The questions rased py these ntormatons ,ques-
pEiyes TIE detsadaat. ishsef rsI ~ ShspSsr
al veil ct
The Court hnds difficulty in holding that the Chicago,
ration dessnaed as tue MwauSee and St Paul Railroad yYpn
IN by he @ ua ae @ s is
had month before added the prefix of Chicago to its
The con.titutio@nsl @ amendment Of ISL, prohibiting
powers Driyeses except . cities pTosPect.ys only
na' aes na the to as
AMENDED or repealed by special act as before he rule
s this point as Tar as i III is extended
public interests so as to constitute tHem quasi public
fBe rule followed, nevertheless by the Court be
tu,ion But the reserved power OF the state consttu
q to or M
Sn College out ca o and the ruiz esaure ee has Da H.
such corporations a, II the rule IN tina
repeal has no other limit 10 law than Is i'm Piled in the
words used The exercise OF The power should be under
| oppressive and unreasonable.
as corporate franchise are coneerned the hegsauae
DS %srs 4 snd anSuse S to rsdHes the @ tolls
power over the franchise absolute But the power
potson 9HsT Ss" fS Tanchse propsu o' ref SSf
o. ptopcpt rs nvidaN sd G not material here whethe
alteration OF their charters by chapter 273 they were
tons ss corporate bodies In either they had
right to conduct their operations In defiance of public
Chapter 2s 1874. far its provisions before
special charters OF the DEFENDANTS granted by Sta
Whether 1t would be valid anne ndmeDt of the general
torial charter OF lSf7 OF the Milwaukee and Waukesha
| Railroad Company, extended by the Territorial Act
ot la the subslsng charter OF the railroad built
Spear IN ths case Whether the Charter @as nS
! cepted and the corporation organized under
| heiore the adoption OF the state constitution
they we're. such being the case the charter Il
| not subject 20 tho reserved power 10 alter
or repeal and as chapter 27S OF 1874 would impair th'
| oDlsaiQn OF franchise OF thar charter, within the
rule IN the Dartmouth College chapter 273 Of l7
cannot be held 10 apply 10 the railroad bull
and existing under that charter If accepted be
| information In equity by the Attorney Gen.
General otie,o. has the effect and
Injunction as bili Ia chancery verified information
and belief Here the question Is unimportant
because the violation Of chapter z arged Is apparent
from tRc afHdayits both sides There IL judIcia
discreton to Withhold Injunction and mandanus In
suit Of the state in matters OF public injuries In such
writs 90 peremporiy,s d>bito iltto The COur
has discretion to withhold either of the wrs
| OF positive public injury
| The motions OF the Attorney General must be granted
and the wrts issue as TO all the roads Of Chicago and
Northwestern Railroad Company, and all Of The roadi
| pany eycept the railroad from Milwaukee e
! Prairie du CHEN, built under the Territorial char
the Attorney GenersI must Blc in his ocia
stipulation not to prosecute the defendants Ior forfeiture
OF their charters for any violations Of chapter ~
charged IN these interpretations before the st day OF oc
defendants 10 arrange their rates OF TOLL under chapte
| 2S
| Effect OF the Decision on the Railway
| GO, o,porations-The Northyyestern Line.
| CHICAGO, Sept. 15, 1874.
President Keep, OF the Northwestern Railroad
ia an nteryi pre ssas QreAt uriaa at the de