The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1874-09-24
THE WISCONSIN RAILROAD LAW.
Abstract of Judge Ryaa's Decisions in
i'm the Injunction Cases.

consin. prepared by Chief-Justice Ryan,
in the case brought by the Attorney
General and Railroad Commissioners
for an Injunction to compela compliance
bvthe Chicago and Northwestern and the
Chicago, Milwaukee and st. Paul Rail-
way Companies with the provisions of
the Potter law:
This court has no original Jurisdiction of
proceedings by injunction st the suit OF private
persons, or to enforce private remedies, but
has jurisdiction of the writ in matters public
upon information of the Attorney-General, III
the nature of an Injunction bill to restrain
excess where mandamus would not so to
remedy the defect. The writ given to this
court in a group O. prerogative Writs is given
as quasi prerogative writ for preroSatlve
purposes ATTY Gen Blossog, Wis. 3l7l. Con-
sidered and approved independently OF Secs.
Is and Il, Chap 149, Revised Statutes, courts
of equity have jurisdiction, upon information
of the Attorney General, eT OtiClO, to restrain
CORPORATIONS from excess or abuse of corporate
franchises or other violation of public law
under color of franchise to the public injury.
These sections confer no jurisdiction in this
court. Whether they operate to limit the
jurisdiction of the Circuit Courts is not here
considered. 1t is for the court to determine,
in such an information, whether the acts
charged work public injury. This jurisdic-
ton was all established equitable Jurisdiction
at the time of the adoption of the State Con-
stitution, and Sec. 5, Art. /, of the Constltu-
ton, in relation Of trial by jury, has no appll-
cation to 1t. Were this otherwise, the ques-
tions raised by these informations are ques-
tions of law and the jurisdiction of them in
equity deprives the defendants of no right
O. trial by Jury. Chap. 273, of 1874, Is not
repealed by Chaps. 292 or 341 of the same
session. All the chapters can aud will stand
together. The court finds no difficulty IN hold
ing that the Chicago, Milwauk ee and ST. Paul
Railroad Company is the corporation desig-
mated as the Milwaukee and st. Paul Railroad
Company in Chap. 273. The corporation is
sufficiently indicated by the name used in the
statute, although it had month before added
the prefix of Chicago" to it's name. The
constitutional amendment of 1871 prohibiting
special acts of the Legislature for granting
corporate power or privileges except to cities
is prospective only and has no relation to
existing 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 Col
lege, of Woodward 4, Wheaton 5, Is, is con-
sidered and disapproved as far as 1t Is ex-
tended to quasi private corporations intrusted
by charter with public interests so as to con-
stitute them quasi public corporations. The
rule is followed. nevertheless, by the court,
because it is the rule OF the Supreme Court
of the United States of the construction of q
clause in the Federal Constitution; but the
reserved power in the State Constitution
to alter or repeal corporate charters
was designed to take, and does take,
all corporations created under it out of
the rule in the Dartmouth College case, and
the Legislature has the same power over such
corporations as if the rule in that case had
never existed. The reserved power to alter or
repeal has no other limit in law than is i'm
piled in the words used the power to alter or
q power to amend charter without entirely
changing its purpose Or character. The exer-
else Of the power should be under the guild
ance Of extreme moderation and directions,
and should not be oppressive and unreason-
able. But all this rests in the legislative dis
erection. So far as corporate franchises are
concerned, the Legislature is under no 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 in
viOlable.
1t is not material here whether the defend
ants had elected to accept or reject the altera-
ton of their charters. By Chap. 273 they we're
bound to obey the statute or to discontinue
their operations as corporate bodies. In either
case they had no right to conduct their opera
tions in defiance Of public law. Chap. 273 of
1874, SO far as it's provisions are before the
court in the cases, is a valid amendment Of
special charters of defendants, granted by the
State. Whether it would be a valid amend
ment of the General Railroad act of 1872 is
not here considered. The Territorial charter
of 1874 Of the Milwaukee and Waukesha Rail-
road Company, extended by the Territorial act
Of 1848, is the subsistirg charter of the rail
way built under it from Milwaukee to Prairie
dU CHEN. 1t does not appear in this case
Vh1Ebpr charter accented
the corporation organized under
it before the adoption of the
State Constitution. There is a presump.
ton in the circumstances that they were.
Such being the case, the charter is not sub
ject to the reserved power to alter or repeal
and, as Chap. 279 of 1874 would impair the
obligation of q franchise of that charter
within the rule in the Dartmouth College
case, Chap. 273 of 1874 cannot be held to
apply to the railroad built and existing under
that charter if accepted before the adoption
of the State Constitution. An information in
equity by the Attorney General, er-Qficlo, has
the same effect as to answer an Injunction
as a bill in chancery verified on information
and belief. Now, the question is unimpor-
tant, because the violation of Chap. 273
charged is apparent from the affidavits on
both sides. There is a Judicial discretion to
withhold an Injunction and mandamus in aid
Of private remedies but there is no such
GlSCl6J4Ou db Gu6 sui VI Gu0 DCdC6
in matters of public injuries. In such cases
writs go peremptorily er debito justicie. The
court has discretion to withhold either of the
wits in cases of positive public injury. The
motions of the Acknowledgement must be
granted, and the writs issue as to all the
roads of the Chicago and Northwestern Rail-
way Company, and of all the roads Of the Chi
cago, Milwaukee and st. Paul Railroad Com
pany except the railroad from Milwaukee to
Prairie du CHEN, built under the Territorial
Charter Of 1847 and 1848 but before the wrts
issue the AttorneyGeneral must file in these
causes his official stipulation not to prosecute
the defendants for forfeiture of their charters
for any violations of Chap. 273, charged in
these informations, before the LIST day of Oc-
tober next that time being allowed by the
court to the defendants to arrange their rates
Of toll under Chap 273.
Where He Had the Advantage.