, 1874-05-04

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Wishes to travel from to tho other, or to ehir
goods from one to the other, must abide BIZ th,
terms Of the railroad company, stay at homo
or allow his waros to remain without market
And even whero there are two or more lIuea DO
tween two places. although thore may bo com
petition for while, in tho end tho
companies agree not to compete. It ia
not too much to say TINT tho public arr
at the mercy OF tho railway companies, aince
these corporations have that to eel} which tho
public actually need aud eau purchase bnt from
thom. They poasess Immense power, and hayc
not unfroquontly abused 1t. Tho Farmera'
Movement has boon tho consequence Of their
extortions. It ia not probable that the railway
Companies In Wisconsin havo been more extor-
tionate in their demands than those of other
States. In Wisconsin. however, the Issue be-
tween the railways and tho people Is to be tried
Tor the first time. Hcnce the interost with
which 1t is watched.
It Ia to bo feared that the efforts made in wja.
cona1n to regulate tho rates Of faro and freight
will prove abortive. Tho Directors OF the roads
say that, under the schedule Of freight fixed BY the
Legislature. they cannot continue to operate the
roads, and TINT It the law be carried into oxecu-
.tion they will have Ito ahut up Bhop." Tho most
eminent lawyers in the country doclarc the Wis
consin Inv unconstitutional. Now, neither tho
Directors Of the railroad companies, nor the dis-
tlnguiahed New York Judges whom they hayo
consulted, deny the power Of tho Legislature Of
Wisconsin to establish tariff for RAILWAYS in
TINT State. Tho charter OF railway or other
corporation In Wisconsin is not IN irroyocablo
contract between tho company and tho State. as
1T has beon held to be In somo other parta Of tho
country. Whatever force the celebrated Dart
mouth College case may havo elsewhere, there
1t has nono How comes 1t, then, that the law
can DO unconstitutional? It may 30 reduce tho
rates Of faro and freight that tho roads cannot
be operated. 1t may thus ronder tho amount
OF capital invested in thom unproductive. It
may act as virtual coufgcation Of tho proper: y
OF tile railway companies. It may 30 hampor
the companies tint thoy will not be able to Day
tho interest on their bonded indebtedness, mud
thus indirectly Impair the obligation of oon-
tracEH, all of which is expressly forbidden by the
Constitution OF Wisconsin.
The whole railroad controversy there turns,
therefore, simply on tho solution given to
this question Of fact: Has tho late law 90 Axed
tue schcdule Of rates that the railroad companies
operating under 1t can earn enough to pay tho
interest on their bonded indebtedness and a
reasonable interest on tho actual cost OF con-
struction. after tho expenses of run
ming tho road have been provided for?
II 1t has. thon 1t conascates no
property virtually or oshorwiao, volatoa no con-
Eract oYettly or covortly, and is constitutional
1t 1t has not 1t does contiscato property, is vo-
ation of contracts, aud is unconstitutional.
Now the presumption is that tue Inv IL an uu-
|uat ono either to the companies or to tho peo-
Die. It is preposterous to think that legisla-
I've committee, without examining tue books Of /
ho company, could hit upon d just scholule of
abroad rates, or soy whether tho existing
ates wero equitable or not. Tho Wisconsin
chodulo rs framed rms guosH, nothing mora,
nd guess made, we bolieyo, by gentlemen not
'artioularly yeraod In tho operation OF railways,
Ills WAS ono grave error on tho part
I tue Wisconsin Legislature. Another was
ho equally arbitrary division OF tho railroad
onpauies Of tho State into olasses, no good roa.
ona being asaignablo why certain railroads
hould ho put in one class rathor than In auothor.
r why any distinction OF clasaoa should DO uado
all. Eyory road should hayo tariff Of It's
wn' A third orror waa milking tho tarin un-
lnstic. Railroad companies aro continually W.
ring their tariffs with the coat Of labor. tho
mount Of traffic. etc. Tho ratos charged by
ailway companies arc quantities Of many factors,
nd change In any one Of tue factors neceasi-
'tcs change in tho rate itself. Tho WISCONSIN
'wiH defective iu not having taken theao facts
ito account. by strange oversight, tho LegIs-
ture fixed the schedule Of railway ratcs first,
nd then established Board Of Railroad Com.
ssionors to ascortain aud make returnH Of tho
'tual cost Of each railway. its total GROSS re-
'Ipts, ite total not earnings, total bondsd in I
etc. Had tho action of tho Loelsls- {
re boeen reversed, tt would have bceu more een-
Bile.
We aro not alarmed 1t tho condition Of affairs r
: Wisconsin. Tho railroad companies layo
'od reason to bring ,ths law before tue courts
}mn dnta1v for adjudication tn, oat IL H.. ] 1