, 1874-05-23
THE POTTER Law.
THE coNBT1TuyIoNA11TY OF THE ACT As VIEWED Dy
PROMINENT nEFonMER.
MarN

=
pnoA1NENr nEFoNMER.
MILWAUKEE, May II, 1874.
70 ths Etlitor of The Nesrs: .-..-...
Tho following pasBago occurs in an editorial Of
your Journal today:
Il Is tho position eary assumed By t,o Es'cs tnat the
rntes fixed III tho Potter act ARD sch TINT te railroaas
onppo rim their tralns under II without losn and
that, therefore, the Potter net doea not coms within
tue scope o lhe admitted power Of Tho State TO reg.-
late railroads, and to limit tolls aud rates Of transpor
tation TLis is also tho opinion Of DR.. Wight and Of
tic host thinkers on the subject.
Unintontionally, porhnns. tho Neios misrepre-
scntH me. Whether the "rates fi1ed III tue Pot-
ter act arc such that the railroads cannot rim
their trains uuder 1t without loss " Is moro than
]suow. The amount Of real 0apltal invested In
the roads, on which alone tho public ought to
pny interest, is not within my knowledge. I
taye no moans of ascertaiuing the running OK
pensos 1 Of tic roads. IF tho rates Of tho rotter
act would not afford tho companies reasonable
compensation, then the State Las no corstitu-
tional power to make them operate their roads ut
d loss... Railroads arc private property dovoted
to public use. Our Legislature can regulate tho
use, but cannot contiBcnto tho property. Tho
people of this State have no wish to be unjust to
railways. Noithor will they tolerate rebellion
against any act that is at least presumptivo Inv.
franchise from the State The franchise n1ay be
accompanied with conditions. Under a special
provision in tho Constitution Of Wisconsin,. a
charter may be altored or vacated by the LegiB!a-
tuT9s III O[llCE WUEl6 utW Gou41kIulau liAf At hAy
time bo added to franchise alroady conferred
But If ihs new conditions nre not acceptable to
tho company on Which thcy are imposed, the
company may abandon the franchise and dispose
OF its prlvuto property Private property can.
not be taken for public use without compensa-
ton, by tho Federal Government, or by any
State Government. Such q procedure would bo
q Communistio revolution reachiDg the very
Foundation OF oiyiiized sooioty, I my again, us
I have many times said, it tho rates fixed by the
Potter act involve such 0 violation of fnnda-
mental law, thcn the act ID unconstitutional.
II, OH tho contrary, tic rates imposed Oh rail-
ronds by tho Potter act still leave 4 reasonable
compensation to companies for actual capital in-
voetcd, then the act il clearly constitutional and
should be inforced Ia the interest OF tbs public.
Tile companies cannot suppose that the people
of Wisconsin areBo verdast al to believe that the
rites Of tie Potter act will not afford q reasona-
lie compensation, on the simple, unaworn decln-
ration Of Interested railway officials. Neither
can they suppose that tho executive officers OF
tho State VII allow them to violate statute.
presumably 1a1v, on any such irrational aud finn
sY grounds, The companies mly bo certain that
tic great body Of the people OF Wisconsin will
stand with untinching courage behind the Gov
ernor mud Attorney General and sustain them in
the discharge Of their duties. The people will
not tolerate q revolutionary process Of testing
tue validity OF an act passed by Legislature
representing their Hovsreignty.
The Potter bill WAS Huquostlonably designed
to defeat the ends Of railway legislation. If is
inventors should finally be hoist with their own
so'"'N' 'A' G. ". Wear.