, 1874-06-11
Interesting Railroad Gases in
Wisconsin.
Expenses Of. tho Trials Under tho
Illinois Law.
Contest Over the Tax on Rallroad
Dividends,
Erio's Gauge to Be Changed Without
Fail.
Changes in the Management Of
Changes in the Management Of
the Toledo & Western
Road.
IN WISCONSIN.

IN WISCONSIN,.
BUTTS AuA1NsT TlCKET-AnENTs.
In the oaso against the Northwestern Railway
Company for violation Of the now Inv, at Fort
Atkinson Wis, tho Jury, after cogitating ovor
the nluttor all night, returned a verdict yestcr-
day morning Of $50 againstths Company's tickot-
agent for demanding more tbun conts per milo
for q t]rst-c.aes ticket. Tue suit MAS atubbornly
contested ali day Tuealay. several attorneys up
pearng aud making all tue points nocea-
aary to perfect a y, appeal ts,od TO- .ho g.. sr
Or eight ylmlar cases were before tho JnBtice
for trlal, hut tho fight mado WAS SO obstinate
that all the other cases were ndjourned., a like
dsuoyllion was inude OF the cases Ut Madison
yesterday. 1lo adjournment Was made by tho
Court without request from tho defendants. 1t
s believed tho Companies will adopt similar pro-
ccedlngs iu all subsequent cases, ana ap..
peal every judgment rendered. Tho rule OF
the United States Circuit Court upon tho motion
pniy to tho Attorney-G snsral and tho Railroad
Commissioners. Should an injunction be granted
upon the hearing two weeks honce, it Will sus'
rend tho operation Of tfe law.
suITs At JEFFERSON.
Special Dispatch to Jht Chicago Tribune.
JErrnnyox, WIS, Juno 10.-rlle trial Of Agent
Pratt, for violation oi tho Wisconsin Runway
inv, was resumed yesterday morning, and ut
hIb HOUR luSt HlEllI tHS Jt13 lotA1 1AGA fVAA4Lk
of guilty. 1t is understood ihe jury were dyid-
I'd on tic first ballot, hut those In favor Of an
lcquitta! yielded As already telegrnpled, the
making OF the jury-lst by tho Arst Officer &c
loctod Tor TINT purpose was objected to, tor the
reason that he was himself complainant in II
I,ko case, and the instigator Of other
prosecutions. III spito Of this protest,
tho prosecution insisted TINT this
ptlcer should make tho jnry-Ilst. Tho Justice
did not openly sanction this proceeding. aud
1lt1f Hftnt tha jii1y
empanslod. and tho trial bud comniencod. it
was discovered that that otIlcer also had nado
complaint fot a liko prosecution before tho sasno
Justice, upon which complaint tho Justice had
oaaes are pending before the same JUSTICE
III all OF Which the complaints have
boen made by the Governors Secretary, tho
resident Constnbles, and tho Deputy -SheriM.
It is stnto1 TINT these arrests are ia part e1ee-
tion OF q plan originated when the Governors
proclamation was Issued, to casiBe throughout
tho State q simultaneous onslaught by tho ADJ
ninistrution upon railway aEouts. 1t iB claimed
that tue business men OF Jefferson. Of Water
town, and other places, already feel that this lnw
il detrimental to their interests, aud they begin
to sur1nisa Tint, instead OF tho reward that tho
Bmall politicians hopod from It, these sntne poll
ticians will find themselves injured rather tlIAn
benefited By their cdorts to aid IN its enforce"
ment.
TRIAL or SUIT AGAINST A TICKET AdEsT.
Special Dispatch to The Ciicauo Tribune.
MADISON, Wis, June 1o.--!rhe trial Of the
railroad cancs in tho Municipal Court here TO-
aay has proved exceedingly interesting, and
Bome neM points hays bnen brought out.
Ou Justics DraIey'H docket To-day tl,ero wore
thirteen suits ngainat agents Of the Chicago
Milwaukee s. St. PAM aud the Chicago l.
pas4enger-fares. Five suits against agents Of
the lntter Company were postponed q week III
account Of tile lndisposition Of tho attorney for
tho defense.
Ascut Of tue. Chicago, Milwaukee. s st.
viii William % we{ch, WIS @ taken M u ps11 our young
Distlict~Attoruey, Burr W. JONES' aud William
Welc!, appearing for tho prosecution,
ena ohn " Nd g.rey st0rasy OF tue s @
for tho dofense. \ jury OF six mon waa impan-
oled. There was no trouble III proving that
more than conts 4 milo wns charged alr. Nolch
tor ticket in Janesvile, May IL, but it was not
shown that he rode Oh tint ticket.
THE POINTS OF THE PROSECUTION.
Tho prosecution claimed that thus net was in
violation OF the plain law Of the S:ato wlsica ail
were bound to obey. and that the penalty to
which AID. Stone, though a very worthy citizen,
had subjected himself for misdeIneauor ns
aSont OF tho corporation. should be anlorood
for tho public good. The attorneys for ths de-
fenso decidedly oyerulastosed tho champions Of
the lawy, and ably stated mud maintniucd the
following grounds Oil Which d verdict in tlelr
favor was claimed First there was no sucl,
corporation as the 31llwaukoe II st. Pau! 1ail-
road Company, as named III tho Potter law, thu
Company formerly benri,sy that na,ne having
chauged 1t to tho Chicago, milwaukee, Il st.
panhcd; llo,lco the latter Company was only i'll
ciudcn in the law Regulating railroads. amoug
companies in ClaBB e, embracing I'LL 0thur roatlt
thun those otherwise named, aud was cntitled te
charge CENTS per mile.
n1sa,1ssA1. ON PERSONALITIES REFUSED.
Judge Draloy was asked to dismiss the suit
on this ground, Biuce it was not Ills function to
correct tho mistakes OF the Legislature. lie
declined to do this, however, admitting that it
was n doubtful question, but Dismissal would
cut OH appeal, mid prevent the rial OF the othor
Buila against tho Company lere; aud, though
Attorney Carey blandy sugS Sostea tunt, in crin,-
inul prosecution like this, tue prisoner should
have tho benefit Of tho doubt, the Judge ruled
tnat tho trial should proceod.
The second objection waH, tint the Potter law
was unconstitutional, for tho reason tllat its
Classification was speeial legislation, prohibited
by an amendment TO tho State Constitution
not bGhed on any general principle, III what wna
claimed tobe anan1ondmont Of the charters OF the
railroads III thu Stnte.
Thirdls, they claimed that the act was void ~
to the Milwaukee 4 prai..o du CAien Division
Of tho MA"aukco g. st. Paul Railroad, because
Its franchises wese derived by consolidation from
tic Milwaukee l. Prairio du Clien Isailroad Com,
pany, Which latter wRH tho SUCCESSOR OF the Mil.
waukce Il Waukes!ia 1tuilroad Company, tt
which charter was granted in 1847 by tue Terri
torial LnSlrlatllre, expressly giving To tho sad
Comnany the right to x Its tariffs Of charges TO,
freight aud passengers, the charter being OK.
tenttosl in 1913 to tic hliaKisslrpi Niyor, with
branch to Juuosyille, Ill
DEfoHE THE ADOPTION OF TIE contribution
rcBerying tue power to altar or amend charters.
aEd the Ut. Paul Company thus acquiring all
rights, prsllogoH, and franchises granted to itx
p.e1ocGnHoIB. The law OF laAt winter as to the
Mi!wankeo & rfairle au ChIen Diyison WAS u
violation Of thu vested rights according to the
Dartmouth College aeciaon
folsth. t!ie law was unconstitutional for the
reaton that it assumed tho power to take private
property for PUBLIC uaeH, without Just couipenHA.
lion, mud in violation Of tho Constitution proyid.
'E that no poFBou shall DO deprived Of lis prop
stty without due proceAb Of laW, ant that the only