New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-09-16
THE WISCONSIN RAILROAD LAW.
THE POTTER LAW SUSTAINED.

THE POTTER LAW SUSTAINED.
ABSTRACT OF THE DECISION OF THE SUPREME COURT
THE POWER OF THE LEGISLATURE OVER RAIL
ROAD FRANCHISES ABsoLUTE-THE RIGHT OF
PROPERTY IsvIoLATE.
MADISON, Wis.,, Sept. 15.-The following is
an abstract prepared by Chief Justice Ryan, of the
opinion OF the Supreme Court OF Wisconsin, in
brought by the Attorney and the RairOOd Com
missioners for injunction compel a compliance by
the Chicago and Northwestern Railroad and the Chi
cago Milwaukee and st. Paul Railroad Companies with
the provisions OF the Potter law.
Chapter 273 OF 1S7l repealed by Chapter 292
s Of the same session All the chapters can well stand
together The court ida no dfcuity In holding that
the Chicago, Milwaukee and sc. Paul Railroad Com
and st. Paul Railroad Company. in chapter 273. The
corporation Is sufficiently Indicated by the name used
In the statute although 10 had month before added
the prefix OF Chicago" 70 IFS name. -
The constitutional amendment OF l67i, prohibiting
special LEGISLATURE for granting corporate
powers privileges, except to cities, is prospective
only and has no relation TO existing corporate charters
by special acts before the amendments. These may he
amended repealed by special act as be-
fore. The rule established In Dartmouth agt.
Woodward "a Wheaton $50 considered this point
far is extended To quasi private corporations
trusted by charter with puoc interests so as to const
followed, nevertheless by the Court because It Is
the rule OF the Supreme Court OF the United
States on the construction a In the State Con-
sututon. Bat the reserved power in the State Const
tuition to alter or TO repeal CORPORATE charters was
created under 1t out OF the rule in the Dart
mouth College case and the Legislature has tine
same power over such corporations as rule that
case had never existed the reserved power alter
repeal has no other limit In law than Is Implied IN
tue words used. Tho exercise Of the power
should be under the guidance OF extreme
moderation, and should not be oppressive and
erection. far corporate franchises are concerned
the Legislature is under moral opiigation not 70
reduce the tolls OF RAILROADS below fair
and adequate amount, but its power over
the franchise absolute But the power to alter or
repeal cannot affect property Of corporations other
right OF property 10
inviOlate. II Is not material mere whether the
defendants had an election to accept or reject
the alteration OF their CHARTERS by Chapter 2T3 Taey
bound obey tho statute or 10 discontinue their
opertlons "a corporate bodies In either they
lie law. ''''''4'' 'D'''
the Court these cases. is valid amendment Of the
special of defendants granted by the state
Wnetber IN wonId ba A valid amendment OF the General
Railroad act OF 1872 Is not here considered
The Territorial charter OF l847 Of the milwaukee, and
Waukesha Railroad Company extended oy the Terri
road built under It from Milwaukee to Prairie du Chen
1t does not appear IN ths case whether te was
before the adoption OF tue state Constitution There Is
a presumption IN the circumstances tnat tney were.
such bel ne the case the charter not subject 10 the
reserved power 10 alter or repeal, and as chapter
27s of 1874 would impair the obligation OF franchise
of that en- irter within the rule In the Dartmouth COZ
iege case a7s OF Iss Of 1874 cannot be held 20
charter II accepted before the adoption OF the States
Constitution. information in equity Dy the Attor-
ney-General er o1ieio has the effect as to
and Injunction bill in chancery, verified on
Information and belief. Here tue question is unmport-
ant because the violation OF chapter 23, charged Is APP
parent from both Sides There judicial
discretion to withhold injunction aud mandamls IN AID
If nrvate remedies but there Is dissertation, at
the SUIT Of the State matters OF public injuries In such
writs go peremptouy er deo.o nsaee Inc Court
has no discretion to Withhold either OF the wrts IN cases
Of positive public injury q,
The motions o. the Attorney General must Dc granted
and the writs issued TO all the roads or the
Chicago and North Western Railroad Company
and an OF the roads OF the Chicago, Milwaukee
and ST. Paul Railroad Company. except the railroad
from Milwaukee 10 Prairie du CHEN, punt under the
Territorial Charter ISi7 and 1913. But before the
writs issue the Attorney General must ME IN
these cases his Official stipulation not 70
prosecute the defendants for fOreiture or
their charters. for any violation or enapter 23S'
charged in these nOrmaJOns before the LIST day or Oct
next that time being allowed By the Court to the de-
remnants to arrange their rates OF toll nnder chapter
273.
TIE LAW TO BE COMPLIED WITH AND THE COMPANY
To REDUCE EXPENSES.
CHICAGO, Sept. 15.-President Keep of the
NORTHEASTERN Railroad Company. in an interview
to-day, said that the decision was unexpected