, 1874-08-07
MFR. Cary, Of Tho st. Paul Road, Oc-
cupies tho Entire Day.
He Complains Of the Frenzied Populw
Persecution Of Railroads.
Satisfactory Financial Condition Of tho
Pere Marquette Road.
Miscellaneous Railroad News.
THE WISCONSIN LAW.
speetai UfspatcA to IhA Chteaao 1rtbwnA.

TIE INJUNCTION oAsEs IN THE WISCONSIN supuEMA
COUNT.
MADISON, Wis. Aug. g--Tho opening proceed.
ings Of tho Court this morning woro quito inter-
ostlng. In h's effort OF tho day previous, hlr. A.
y. Orton having invotghod bitterly against rail.
why corporations in general, and tho Milwaukee
& st. Paul III particular, together WITH to adopt
LIS own characteristic phrasc, MI thoso folowu
who arc tied to tho tail Of railway, afforded
alr, John ". Cary, General Solicitor for tie st.
Paul Company, an excellent opportunity for re-
ply. In calm, digniaod manner hc improved
It, Io regretted public feeling had noon
so wrought upon that IT tho judiciary
dared 10 rendor M opinion favorable to
railway intorosta thcir removal woa demanded
mud effected by tho fronzod people, It WAL
therefore. q natter OF especial ragrot TINT this
injunction caBo waB TO be decidod ut = time when
which tho Attorney General asks this Court,
! npun nh unBwori. bill. to grant preliminary in
| Junction to interioro with tho operation of
sixty millions of property that affect tho outiro
1Ss'ts er tsa Or 'e to Sa1o % it "'ss osansa sa'ns Is
| Tho usual courao Of investigation. Ro-
! ferring to Mr.. Orton's rotnarks about past
| railway legislation, Mr. Cary admitted that tho
railroads had 10 roason to complain uut last
| wintor. 1t waa the habit Of some to say
THE NArLnoApB HAD OWNED THE LEolsLATuRE8
| up to that tmo. Whatovar might 10 the fact
regarding tllpBo OF other States Ao affirmed that
| from personal knowledge during tho paHt ten
years Lie know TINT Wisconsin had uuoorrupted
Legislatures, aud that their ACTS were Invariably
! tho result Of tho lonest Judgment and conviction
| Of the Legislature. That Of Inst winter waa ot
| an entirely different character. Tic nlombora
many Of thom Wore elected to taGo notion aRainAt
| tho railroads. ThoJ came with their uinda
Bettlod OH TINT subject. and with tho dotormira-+
tion to do something. right or wrong. Every
information In tho possession OF Tie railway
! Nnmnnnn8 frNolV nffAfhH nnI pVnn 4n Fnr
nj desired. Mr.. Orton had snid tho Potter act
was the result Of mRturo elaboration. His {hlr.
Cary'B) knowledge was directly tho reverse.
There wero two committees, ono in each House,
ject. Euch committee reported aga1s'st tue ac-
tion finally adapted i'll Tho Potter law.
The Committee laBt in charge Of the mt
ter waH regarded NJ O. Reform committee.
| but tho Republicans wero determined tha
lleformers should not got ahead. Both partits
were running d muck against each other, aud,
when tho Reform Committee reported bill cre-
atiug Commissioners to Investigate tho railroads.
anti report, tho Other party SAID, Wo will co
YOU one better" and reported tho Potter bill. {
was not tho whole Republican party that did il
rhoy proposed tho Potter low. aud the anxious
ones q both sldos, when n'l tho eomm'teos had
consideration Of Che measure, united and
tho stete says waa !, tho result Of
mature elaboration: Tho railway interests wc1t
thus Kicked about by the Legislature
Regarding A1r. 0tton's assertion that Wiscon'
sin railways md their equipment ought to ba
valued at s2o 300 PER no Mr. ca1y Quoted os 1re%
urged tho Legislature to tar thcm On M aVerag<
| OF &35, GOO Per mile.
For an hol.r Sir. Cary continued in reply ID
. Mr.. Orton's declaration. after which 10 pro-
ccrded to
ARGUE TIE MAIN QUESTION.
+ Beginning with recitation Of the organization
Of tho Chicago, milwaukee, l. st. Paul Railway
Company, Mr. cary proceeded to argue that thel1 M
Potter lew, but really fell into Oasa G. because
= not named in Class 4, and tue set specified thai
I'LL companies not named in tho rospooiY!
, | classos should bo placed in cass @. Tho point
, 1liIwaulco & ST.. PAUL Railway Company, whoroaa
, the proper nusne Of air. Cary's Company u tho
, tho Chicago, Milwaukee, i st.. Paul Hallway
I Company. Numerous authorities vcre cited
y to testimony to determine, tho intention Of tho
. Legislature, nor put upon tho previous pToylelons
!. of i statute construction not supported by tho
words, though tho consequence bc to defeat TUG
object of tho aet. The point Ok ths a,g@nens 1gans
. be b. allowed to charge higher .ates than
D they now do. Such decision. hoToSos' sf'sof
t would dismRs, tho complaint nSanss ,.;,, .nGn,,
= in GLASS X butdooa not Jay what thoso rntes arc.
= / nor pyoter any special law. It Toa suGgessea
' that it could bo inferred from tno oon,.
pla,ut what rates were meant, wherenpon
|. 3rr. Gary portinentlY inquired IT tho Attorney
!, General, IN addition to his other prefogatiyes'
y was to bo allowed TO pload BY argument
j. ho obliged to PLEAD nKo osnes s psot1v ts
n corporatlons woro justified in zaasans aA on'eo-
n tlons they could. ,,,-.n...,. :. ,.o ronrt
Then addrosslng himself directly 10 tne r.
Mr.. Cary sad: Although 1n anasf pfeSSulu at arre.
;; N,1o Vou NAV be soupted 70 ,pzosa hard
= unon tic companies, T submit thas ~ ,9
y nscccf,eut YOU establish hero is 70 ataad 70 a1
lime a. the 5ndfmen1 IT, sone o. 'n'S oout' VI '' "
u NJ Gary then contendod that snaa eoot'' pe'''b
70 court Of equity, .z..z.,
- All nueBtIops relating to the extent OF trhn-
IL ,ana fhoir forfeiture and abuno, aud control ot
. tndr exercise balong8 exclusively to . couts o.
u la.r. On all auoh questions defendant il ons1tleu
= to trial BY jury No injuxoion could issue tlEss,
T. iecause thora IL adeguatd remedy af !aW Tor t1a
= ;niry complained of, and secoud, because tild
u stnt,,to yolatod provides punishment for its own
i. infringement. which 10 M exclusive remedy.
is contrary to the spirlt Of our insaat!o9s rs 'ss M
It punishment SHOULD % tMee ,It 'nn9 - a1ansea
;, agauss tho Potter law can DO punishoa otnes"
wfse than provided by ita tcrms.
In repjy to tie Chof-Justice nlr. Cary 6nid tna1
= II tho ls% woke held to ho valid, the companies
could still 60 on and cAarge tiles own raeg a1d
"a ray ponaltses for violat!ng the lay. rue romea9
~ rus confined to that specified IN tho aot; ;
n VAo companies woro fighting TOR alo. ano ~
# # proposed to give the law as they found u:
~ f tpo State taTcs thplr pound Of Aesh they pua'
N tpko 1t aa the statute has given It to them.
~ 1t some length htr. Cary argued that BY tns
statute this nroeoeaipE could originate oaiy aot ~
Or tho Circuit Court Ho further coenauo ~ ,sw II
/. lila ceeo Nothing In tic complaint shows ah J