, 1874-06-23

|
| WISCONSIN, RAILWAYS, =:
The decision of tho Supreme Court Of Wiscon-
sin In tho cauo Of tho Weat Wisconsin Railroad
Company appellant. uga!nat the Board of ST.
porviBora Of Trempoa1oau, respondent, is thought
to settle tho qucBtlon raised by tho Wisconsin
railway legislation Of last wintor. Tho Wost
Wisconsin ounod certain pieces Of lind. Theso
| wero by an act Of tho Legislature Of Wisconsin
exempted from taxation. Tho act oxompting
them waa afterwards repealed. Tbs Com
pany olaimed that the repeal was unconBtitu-
ttonal; that tho exemption act was In the
nature OF 3 contract, and it's repeal q
violation Of d contract. The ropoa1ing act tho
Court holda to bo constitutional uulor SEQ. l,
Art. q, Of tho Constitution Of Wisconsin, which
provides that all general laws or general acts
! under which corporations Without banking
powora ara' created may DO altered or repoalod
by tho Legislature ut any tlmo aftor thor pas
sago. Exemption from taxation, the Court said,
was part Of tho contract between the State and
tho corporation through It's charto r, but that
under tho article Of the Wisconsin Constitution
ahove referred to II was liable to bo revoked
at any time. It WIS further held by tho
Court TINT all rights. privileges, and immunities
OF tho corporation derived from it's charter woro
unaor Legislative control. Nor did tho Court
pay any hoed to tho representations mado by tho
counsel for the road, that tho repeal of the aot
destroyed tho vested rights Of tho Stockholders
and bondholdors, for tho Court said these took
their tntoreats with tho knowledge OF tho OK
iRtonco Of tho right rcsorved by the Constitution.
The ob1oos Of! Introducing the frat section Of
Art. II into the Constitution was, TINT tho
Btato might retain full power and control ovcr
tho corporate franchlBoB, rights, and privileges
which 1t might grant.
It does not scem to us that this decision
decides tho point raiaed in t1o caso Of tie Nil
waukoo & st. Paul, the Chicago L. Northwestern.
md other Wlaconain railways. This caso hns
decided that oil rights, privileges and immunities
Of a corporation derived from its ollartor arc
undor Legislative control, and that tho stato Of
Wisconsin has rosorvca to itself full power and
control ovor tho corporate franchises, rights, mud
privileges which it may grant, Ali tlis 1nay DO
admitted without damaging tho caueo Of tho
railways; for If it bo granted that the State Of
Wisconsin llRs reserved tho full control over
what it has granted tho corporations by chartor.
1t by no means follows TINT it can
control or that 1t hua any power oyor
what it 'naVor gaye, neithcr by charter or
otherwise. and which. ia neither right nor a
franchise nor q privilege nor anything intau-
giblo, but property, money, iron, stoel, engines.
depotH, etc.
This decision gooH only to the length Of say-
Ing TINT what the Legislature has given It mnv
take awny.. Tt did not giyo tie companies
property. 1t can take no property array; Which
1t would bo doing il II compelled tho corpora
tions to operate their roada ut loss. Has tho
Legislature Of tho State Of Wisconsin tic right
to pass law which In cxproas terms says that
hencotorth tho railroads iii TINT State shall
charge no fare or froigls but TINT thoy
shall carry persons mud merchandise gratis, |
At the cost Of tho company, not at tho cost |
OF tho traveller or OF the ownor of tho goods
May 1t say that an insurance company In TINT |
stato shall honcoforth charge nothing whatever,
but TINT 1t shall issue poloioa gratis to all who
apply for them II 1t cannot do this, 1t is only |
for ttle reason that suoh regulations would |
amount to contiscation Of properly. But so
does tho recent Wisconsin legislation about tho
railroads Of tho State. II the argument ia Of any
valuo in one esse 1t is Of equal yaluo in tho other.
II the companies cau DO compelled to operate
their roels at q loss, 1t matters not Low great
tho loss wllon tho roads ahall be ruined ie, in
both instances, only questlon Of timo.
The case Of the West Wisconsin Raiiroad Ia
not parallel to tloso OF tho other railroads con-
testing tho Potter iaw. The repeal Of tho aot
tue lands Of that road from taxption
was d taking from tho road, by the State, of
right. privilege, Or immunity granted to it by the
State. The aet oxampting tho road from taxa
lion WIS IN act making a donation to tho road OF
The amount Of tho taxes. What tho State gaye
it had right to taho away, but 1t cannot tako
sway moro than It gave.
1t is Of groat momont in constituting nny law
% inquire what was the intention Of tho Legis-
aturo in paBaingtt. 1tis we'll known that tho
mention OF tho Legislature III incorporating In
he Wiseonaln Constitution provision giving
hestato tho right to repeal Or modify charter,
SaR 10 guard tho State or The people against op-
'roAaton by corporations It certainly WAS not
nto1dea tQ he "A hqk for The Qonasoattop oil