The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1874-09-22
POLITICAL.
THE POTTER LAW.
A DECISION AT LAST.

A DECISION AT LAST.
THE SUPREME COURT OF WISCONSIN sUsTAINs
THE LAw-AND GRANTS AN INDUCTION
AGAINST THE RoADs-ABsTRAcr OF TIE
DECISION.
MuwArxEF. Sept I5-Chief Jutsice Ryan has
inst concluded the reading of his opinion IN the
railroad Injunction case. The court affirms the
constitutisnality of the Potter law, and directs
an injunction to issue compelling all the rail-
roads in the State to comply with It's provisions.
The Injunction applies to all ahs anu pf
Milwaukee and the Prairie du Cnlen DIVISION OF
the Milwaukee & st. Paul railroad. Inc reason
for this exception is that this line is the success
sSr OF a loau holding old territorial charter,
and hence is not subject to the clause IN the
isiature to alter or repeal charters. The Prairie
du Chen line is less than 200 miles long, ano
On o9e road oar in the State. The remain
ing 500 miles Is subject TO the lnlunction;
Justice Ryan, OF the opinion OF the supreme
Court of Wisconsin, in the case brought Dy the
encouragement and the railroad commission
by the Chicago & Northwestern railroad, and
the Chicago, Milwaukee, ~; faui
the Potter law: This course has no
original Jurisdiction of proceedings by inJunc-
pT1s az remedes but has ofhe writ
in matters of public injuries upon information
of the attorney general in nature OF an lnlnnc
% wHit gwen Ss e 70 this court in group
a quasi iprerogalive writ for prerogatiye pur-
poses. Attorney General Blossog WIS 3lI con-
Chapter las. X. s. Courts Of equity in this State
have jurisdiction upon information OF the at
torey General exoolo 70 restrain Gf co o9PDaa
franchises or other violation OF puplc
law under color of franchise TO the
-iiction in this court. Whether they operate 20
limit the Jurisdiction of the Circuit Court is not
in such an Information whether the acts
charged work public injury. This injunction
was
ESTABLISHED EQUITABLE JURISDICTION
at the time of the adoption Of the state consti-
tuition, and section five is yet part of the con-
stitution. Trial by jury has no application TO
1t. Were this otherwise, the questions raised
by these informations are questions of la y, and
the jurisdiction OF them in equity, deprives the
defendants of no right of trial by jury
Chapter 273, of 1874, is not repealed oy
ehaPtes ca0 on we'll a I stand t1gether The court
finds no difficulty in holding that the chicago,
Milwaukee st. Paul Railroad ompany Is the
corporation designed the Milwaukee q st.
Paul Railroad Company in chapter 2I3 The
corporation Is sufficiently indicated by the
name used in the statute, althongh III nad
Chicago to its name. The constitution amend
menI of 1871, prohibiting special acts OF the leg
isature fof granting corporate powers or privi-
leges except to cities, Is prospective only, and
special acts before the amendment. These
may be amended or repealed by specia
act, ass before the rule was established; In
Wheaton, page SIS, il is considered ana disap-
proved as far as 1t is extended to quasi private
interests so as as to constitute them quasi public
corporations. The rule is followed, neverthe-
less BY the c0G because So1It is 'os r tbe
Uuited states of the construction of a clause in
in the State constitution TO alter or to. repeal
corporate charters was designed to take and does
take all corporations created I under
College case, and the legislature had the
same power over such corporations as If the
power to alter or repeal has no other limit in
law than Is implied in the words used-'The
P%e1d Charter 'e Without entirely U Changing
It's purpose. or charters The exercise OF
IRENE moderations and directions, and should
not be oppressive and unreasonable. But all this
po1a en- 1ae are S
is under a moral obligation not to reduce the
tolls of railroads below fair and adequate
absolute. But the power to alter or repeal can
not affect
THE PROPERTY OF CORPORATIONS
other than the franchise. Such right of prop
erty is inviolate 1t is not material here whether
the defendants had an election to accept or re-
jet the dltcEal1Ou Oh ILelT cudTleIS- ny CnapIeI
273 they were bound to obey the statute or to
discontinue their operations as corporate
bodies. In either case they had no right to con-
duct duo nDh. operations 9 defiance nc 80, 81
50 far as its provisions are before the court in
the case, is a valid amendment of the special
Whether 1t would be valid amendment of the
general railroad act of 1872 is not here consid-
wa1kee & Waukesha railroad, extended by the
territorial act or-lS4S. is the subSisting char
ter of the railroad built under il,
from Milwaukee and Prairio Du Chlen. 1t does
not appear in this case whether the charter was
accepted and the corporation organized under 1t
before the adoption of the State constitution.
There is a presumption in the circumstances
that they were. Such being the case the charter
repeal and chapter 273 of 1874 would impair
The obligation of a franchise of that charter
within the rule in the dartmouth College case,
chapter 2SS, of 1874 not be held to apply to
the railroad built and existing under that char
ter If accepted before the adoption of the States
constitution. An Information in equity by
the attorney general ex-officio has effect as to
a bin in chancery verified on information and
belief Here the question is unim portant be-
parent from the affiidaviis on both sides. There
is judicial discretion to withhold an injunc-
ton and a mandamus in aid of private RENE
the the suit ' Of the " state ate" in matters rs
or public injuries. r. such eases
court has discretion to withhold either of
the writs in cases of positive public injury. The
and the writs issued as to all the roads OF the
Chicago Northwestern railroad company
and al of the Chicago, Milwaukee & St. Paul
railroad company, except the rail
road from Milwaukee to Prairie du
Chen built under the territorial charter OF 1877
and 1873 But before the writs issue the attorney
general must file in these causes his official
stipulation not to prosecute the defendants for
forfeiture of their charters any violation of
chapter 273, charged in these fnformations. be-
fore the list day of October next, that time being
allowed by the court te defendants to arrange
their rates of toll under chapter 70.
SENATOR SCHURZ.
HIS SPEECH LAST NIGHT AT ST. LoUIS-HE
STANDS BY THE PEOPLES MovEMENT-Hrs
OWN RELATION THERETO-HE STANDS BY
HIS OWN RECORD.
ST. LOUIS, Sept. LA ratification meeting OF