The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-09-26

to amend a charter without entirely
changing its purpose or character,
the exercise of the power should be
under the guidance of extreme mod
Grafton and discretion, and should
not be oppressive and unreasonable; !;
but all this rests in
THE LEGISLATIVE DISCRETION
SO far as corporate franchises are
concerned, the Legislature is under
moral obligation not to reduce the
tolls of railroads below fair and
adequate amount but their power
over the franchise is absolute. But
the power to alter or repeal cannot
affect the property of corporations
other than the franchise. Such
right of property is inviolable. 1t is
not material here whether the de-
PENDANTS had an election to accept
or reject an alteration of their char,
ters. By chapter 273, they are
bound to obey the statute or 10 dis
continue their operations as corpor-
ate bodies In either case they had
no right to conduct their operations
in defiance of public law.
Chapter 273 Of 1874, so far as its
provisions are before the court in
the cases, is valid amendment of
the special charters Of the defend
ants granted by the state. Wheth
er it would be valid amendment of
the general railroad act of 1872 is
not here considered.
THE TERRITORIAL CHARTER
of lS47 Of the Milwaukee e Wau-
kesha railroad company, extended
by the territorial act of l840, is the
subsisting charter Of the railroad
built under it from Milwaukee to
Prairie du Chen. 1t does not APP
pear in this case whether the char
ter was accepted and the corpora
ton organized under it before the
adoption of the state constitution.
There is presumption in the circum-
stances that they We're. Such being
the case, the charter is not subject
to the reserved power to alter or re-
peal and as chapter 273 of 1874
would impair the obligation of a
franchise of that charter within the
rule in the Dartmouth College case,
chapter 273 of 1874 cannot be held
to apply TO the railroad built and
existing under that charter if accep-
ted before the adoption Of the state
constitution.
THE QUESTION OF vERIFICATIoN.
An information in equity by the
Attorney General ex -officio has the
same effect as to the answer and in
junction Of bill in chancery veri
fed on information and belief. Here
the question is unimportant because
the violation Of chapter 273 charged
is apparent from the affidavits on
both sides.
There is
JUDICIAL DISCRETION
10 withhold injunction and manda-
mus in aid of private remedies, but
there is no such discretion at the
suit of the state in matters publici
juris. Tn such cases writs 90 per-
emptorily &c debito .justicip. The
court has discretion to withhold
either of the writs in cases of POSI-
tive public injury.
THE ORDER.
The motions Of the Attorney-Gen-
eral mHst be granted, and the writs
issue as to all roads OF the Chicago
e Northwestern railway company
and all of the roads of the Chicago,
Milwaukee & St. Paul railroad COM
pany except the railroad from Mil
waukee to Prairie du Chien, built
under the territorial charter of 1S47
and lS4S. But before the writs is
sue the Attorney General must file
in these causes his official stipula
ton not to prosecute the defendants
for forfeiture Of their charters for
any violations of chapter 273, charg-
ed in these informalions before the
l st day of October next, that line
being allowed by the court to the
defendants to arrange their rates OF
toll under chapter 273.
HARPER's MAGAZINE FOR OCTo-
Der, 1874.-Harper's Magazine for
October is as magnificent a Number
for its illustrations, and as rich in
the variety and interest ofits reading
matter, as was ever published.
This number, containing eighty
Illustrations of unusual beauty,
opens with "The Emigrant's Story"
by }. T. Trowbridge-a poem Of
characteristic force and pathos,
illustrated by Sol Eytinge.
The first OF an admirable series
of illustrated papers on "Decorative
Art and Architecture in England"
is contributed by Moncure D. Con-
way.
T. B. Aldrich contributes a grace
ful and exceedingly interesting
paper, profusely and beautifully
illustrated, on Portsmouth, entitled
can Old Town by the Sea" Hap
PLY supplementing this article is
one Oh s'The Isles of Shoals" by
John W. Chadwick, beautifully illus
trated.
TO-. +Io .;+Io 0fGsT'b HINTS