Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1874-07-08
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WEDNESDAY, JULY s, 1874.
INJUNCTION RECESSION.

4 few months since the foreign bond
holders Of tie Chicago & Nsrthwes-
tsrn II. T. Go sought an injunction
fTom the United States Circuit Court
at Madison 10 enioin The railroad com
missioners OF Wisconsin from the en-
foscement Of The Potter law regulating
passenger aud freight tariffs. To at
tempt to opjoin an eulire state in the
exercise Of It's law making power was
locked upon by everybody as great
stretch of prerosative, aud a most
startling procedure for the citizens of
Wisconsin to contemplate. However
the Court prepared itself to hear the
arguments Gu the injunction. The
case opened with ez-Chief Justice
Lawrence. OF Illinois, Cook, Of Chica-
go, Stoughton, CT New York, and j
W. Gary, of Milwaukee, appearing for
the Chicago & Northwestern, ex-Obief
Justice Dixon, of Wisconsin, and assis-
taut Attorney General [. c. Sloan,
acting as counsel in behalf Of the state
Fox three days, the 1st, I'd and Sd
Instants, the arguments continued,
which on both sides were forcible and
powerful efforts. Early on the Morn
ing Of the Fourth the decision was
rendered By Judge Drummond, Judges
Davis and Hopkins concurYing.
In substance the decision is in favor
OF all the points endeavored to be
reached by the railroad law of last
winter; declaring the Potter act con-
setutioual, and holding that the power
to alter or repeal the charter of a rail-
road. which is reserved right in our
state constitution, vested supreme and
absolute power in the state to govern
railroads just as it pleases Judge
Urummond went SO far, even, as to de-
eide that this power was SO strongly vest
ed In our constitution that the state
Legislature could regulate railroads in
such manner as TO actually effect their
ruin The constitutionality of this last
position IS somewhat questionable and
may be SO considered when the case
comes before the United States Su-
prcne Court at Washington It is
worthy ofnote, however, that ali the
lawyers engaged in this injunction suit
admitted that the state Lad power to
repeal the railroad charters. This
right must Of course carry with it the
provocative Of regulating freight and
passenger tariffs, at least on just and
equitable basis, aud this is all the peo-
PIE are cohtending for.
This decision gives universal salts
faction, aud indicates to the people
that their cause is not lost even
against rich corporations. But this
does NOT end the matter for the case
viii undoubtedly be appealed to the
United States Supreme Court at Wash
Ington, where a different view may be
taken Of the matter than the one en-
tertalned by The lower court. Judge
Davis proposed that both parties come
to some understanding SO that prose
BUTTONS would cease until the final de-
cision was rendered. which it was
thought would be some time in Octo-
Der. 1t is very questionable if any
compromise can be effected pending
the final termination Of the controgers
We think 1t would be greatly to the
interest Of all if some arrangement
between the contending parties could
be agreed upon. OF course If the
railroads obey the law all prosecutions
would cease, and hence the remedy is
q very simple one.