, 1874-07-10
LR0AD NEWS.
Vigoro1 :: Steps Taken to En-.
fo1{ 1.-THE Potter Law.
Annual Reports Of The
.n0is Railroads.

Vail ior - annual Reports Of the
$ nois Railroads.
TH- WISCONSIN LAW,
ATTonNEY-oENEHA1. aIoAs's LAsr MOVE.
! Tho managers OF tie Northwestern Railroad
Company received notice yesterday that Attor-
ney-donoral Sloan would mako a motion hotoro
| tho Supreme court at Madison, on tho 18th
| mat, to havo I'll injunction tssuod against the
Company to restrain 1t from violating the Pot
TOR Ia" 10 fur as State traffic Is concerned Tho
Dill that has been 1lod by tho Attorney eneraf
| conslasa Of twenty or thirty folfos. 1t roctes
tho incorporation of tho Company under tho
iawH OF Wisconsin; the passage Of The Totter
Inv, and tho. lack Of companco Of tlo
xanh Gompnhg nSg oSdt %ta s IT, ever since It
determination Of the Company rot to comply.
and tnat il has instructed ita agents not to CON.
ply; TINT the President Of tho Company. Inns nlod
! paperb, etc.
Tho railroad company has not vet docidod
what action to tnko IN thia mattor, hut II is be-
noYod that the solicitors OF tho road will try to
T6S Fottsr1 a1; iaw liaa 30 discouraged Eastorn
caplta'tata that tho project Tor coratruot!ug m
atr-lino 6otweon Mwau1seo aud st. Louis lid to
DO abandoned for tho Present.
spee,a, 5isno;oh 1IokEG 1oEF se s1 FINED stNEp
Eaat ntaalson ticket agent Of the Ghfcarn Nil,
waukoo y st. Paul Railroad, was flned E50 and
costs today tor charging moro than tile legal
LEolT1sATE RESULTS OF THE RECENT DECISION.
~ 1 ine bq:feT of 1ho chteeqo 1r1on,ie:
ein: i is an III wind that Dlowe nobody any
goou. as much Al tito railroad mon of Wiscon-
Flu are nafued at the late DECISION Of tho United
States Court OF Madison. those Of tho Same
fraternity Ii, this stnte who consider that t1tey
3tt S{u
Iay OF hopo-an ad honlinom argument, at loast
heretofore r. enjoyed.
rtal customs Of wlich the common law In con-
etruosod. has over dictated that commerce aud
mercantile relations shall he unrostrained In a1aY
ans- nna every manner whatsoever except By tho
ohcn intliVduu enterprise. Tho fmmemortal cug-
toms Of governmental roAtraiuta aud rogu.atiops
concerning tllo price at which money shall bo
famine for tolls ut public mills and for the uso
OF nacka or forrcB, or other common carriers,
llavo hnon Wild in this country by rsason Of
being engrafted in the common Inv Of England
| Which our aoyoinment has adopted, aud tnpYY
! we're ongrafted Into that common law AZ excep-
tions to its prinopleg exceptions to tho princi-
ple Of natural low first stated,
" reason Of these esccpt!ons--ono Of Which
applies to railroad oompRuieb-tho people OF
tbs country have long acqufcscod In tho prorog-
attve Of tho Legislative department Of our Gov
ornmont Offering to tho people, public agree
nents or contracts tor tho building and oPorat-
aul1 Of this prerogativa ie called "regulationa
tint allall DO mutually binding"
Under this exception to tho spirit OF our laws
aud Of our institutions, and under this prcroga-
sin made 1nblio offer Of agreement that parties
" % tao ne9oa Eart could build and operate rail-
ton, that the power to fix tho rate of oonpensa-
t!on for tlIc operation Of tho roads should bo in
them,Itho people and their representatives.
ana this otter being accepted, and the agreement
onaetod, three honorable aud learned Federal
Judges have aolenuly declared that tue rogula-
tion ia mutually binding.~
undor this exception to the spirit Of our laws
and Of our Institutions and under this preroga-
nude public onur of ag ieemant Tint partias Of
tho second part could build and operate railroads
in this State with tho additional regulation thai
operation Of tho roads should bo in thom,-tbo
parties Of tho second part and their represonta-
tlVes. This offer having boen accepted aud the
agroemoqt enacted. will the honorable and
the regulation il mutually binding
The ulrcumstanceB, the kind, tho oxtont and
tho source OF the regulation in these cases arc
exnotiy tho same, and to end, as we began, with
both wnYa." Jay.
ou,oAoo, July ., 1871.
NEWSPAPER COMMENT,
u
1t will bo seeu that the "yictory" uyer which
tho Grangesa hayo been firing cannon, though
q signal, was not complete, ono. In tho first
nlaee tue deesion applies ,ony to loeat traffic.
tho great pulksof t}1o grain-tranapottatio busi-
ness is not affected by It. In tho sacond place,
the decision iu based upon q clause III tho Cou-
TO the Legislature tho right to utter or repeal
charters, and It cannot 10 accepted as proce.
dent except tn btatas whore sinl}nr provision OF
she Constitution e in it ia in New York,
Ihe discussion, therefore. Whether m interfer-
once NTH charter privileges ia an impairing OF
the validity Of . contract, in the absence OF any
resersed right elthor in tho chaater itself or In
the organic Icy, stu romans o7pen; 1n most Of
issue.
1t would bo uso1css to speculate upon tho con-
sequences Of decision which is not final.
be heard Ut tho October. term Of tie Supreme
Court, and MEANWHILE 1t ia understood TINT
thore will be no yexatlons prosecutions
for penalties. But It is impossible to oontem-
tha conlot betwoen two blindly ombitterod par
ties WHO ought to be oloao frionlB aud a1lies #
the Potter Inv Ia to stand. the railroads Of course
arc at the mercy of an angry and excited adver-
italat will trust hiB 1noneyin an enterprise Whose
profits may at any time BIO swept away by tho aot
Of legislators who have no interest in bis for
tano and 10 special knowledge Of his business.
Whatever may boo0me Of the owners OF tho
existing roads, no further development Of tho
railway syBtom Of Wisconsin can bo expected
undor the prosort stato OF things, sul tho farm
ara will have no batter facilities for gatting to
market than they posseas alroaly. But It il nos
to be supposed that tho railway companies will
surrender sheis property without Il struggle, and
II they cannot beat the Commissioners IN the
courts, they will put theig money into looal poll-
tics, with tho samo result which we saw in Now
York und5t tho old Directory Of Eric. The Pot
tor law .nnkcs tho ownership Of certain nu.ubcY
Of moubers of tho Legislature as necessary to
railroad company as roli!ug- stock.
MISCELLANEOUS.
ANNUAL nEpl aTB OF THE ILLINOIS HoADg CALLED
Spec1al JHspateh to THe Chicago Tribune,
Bpn1N0F1xi H. ILL.,, July 0.-Tho Railroad Conn
mssouorB III ye prepared tllolr circular, wAioh Ia
belng sent Of. to-day to tue railroau dompanoy,
calling upon hem for thatr ANNUAL imports tor