The Manitowoc tribune. [volume] (Manitowoc, Wis.) 1866-1878, 1875-01-21


work of the commission has thus far
been performed. In addition to the
ordinary duties of similar commissions.
the act clearly implied the necessity of
a protracted investigation, impossible OF
satisfactory completion within the few
months intervening between the Or
ganlzation Of the board and the meeting
Of the Legislature. Sufficient progress
has been made, however, to assure Us
that the Commissioners have laid broad
and strong the foundations of future
progress and more intelligent legisla-
ton.
THE RAILWAY CONTROVERSY.
Immediately previous to the organiza-
ton of the Board Of Commissioners.
formal communications were forwarded
to me by the Presidents of the Chicago.
Milwaukee 6 st. Paul Railway Com
pany, and of the Chicago s. Northwest
ern Railway Company, notifying me,
the one in words and the other in effect,
that the requirements of the law in i'm
portant particulars would be disregard
ed by these corporations, and assigning
reasons for this determination.
Under these circumstances, no alterna-
tive was presented me. The copstitu-
ton declares that the Governor ''shall
expedite all such measures as may be re-
solved upon by the Legislature. and
shall take care that the laws be faithful
~ executed" This constitution [ had
solemnly sworn to support. Ipossessed
no opportunity and no power to deter
mine the merits of the law. It was not
within the scope of my official authority
to revise the action of the Legislative
branch Of the government OF to consider
objections to the performance of duties
it had required. Nor is 1t permissible,
that corporations because vested With
extraordinary responsibility and influ-
ence, can rightfully await the progress
Of a protracted judicial Investigation, as
a condition Of obedience to public au-
thority. Such an assumption is sub
versive Of all law. In this respect the
obligations of a powerful corporation
are no greater and no less than those OF
the humblest citizens within the iuris-
dication of the state And I should
have been false to you and false to the
people We mutually represent, had [
failed in this emergency to exert all the
authority vested in the executive de-
partnent of the government for the en-
tOrc0menJ OF the law.
Copies of documents, embodying the
results of the proceedings which ens1led,
viii be submitted to you in due time and
form. They amply confirm thus far the
construction Of our constitution previous
Iy placed upon it by the legislative and
executive departments Of the govern
ment. This construction is emphasized
by the concurrent opinions Of all the
judges of the Supreme Court and the
Judge of the one Circuit Court Of our
own state and also three judges of fed
eral jurisdiction, including distinguish
ed member Of the United States Supreme
Court. In accordance with these judi
cial results, and especially in pursuance
OF writs of injunction issued from the
Supreme Court of Wisconsin, the law
has been in practical force throughout
the state since the first day Of October
last except as TO the carriage Of passen-
gers and fright from points within the
state to points without it, involving the
question Of interstate commerce, which
has been reserved for consideration at
the final adjudication of the controversy
by the Supreme Conrt of the United
States. Bates for freight aud passen-
gers passing entirely through the state
are not affected by the law; and allroads
in ''Class C'' are subject only to the pro-
vision that they shall not charge higher
rates for freight than they were receiv-
ing under their own tariffs June l, 1873.
Hence it may be seen that the amount
of business actually affected by the law
is light, compared with the whole.
The power Of the state over the
franchises Of corporations, as thus far
judicially determined, is absolute. [
most firmly believe that the reservation
of this power to this unlimited extent
was clearly and wisely intended by the
makers of our fundamental law. Doubt
less the trainers Of that instrument
foresaw and appreciated the benefits
that might ensIle from the prosecution
of public enterprises by means of Or
ganized and aggregated capital. But
they also foresaw and appreciated the
possible dangers that might arise from
the creation within the state of power
more formidable than the state itself
However plausible the argument in be-
half of the contrary view, we can never
concede that the sovereign
can become the servant Of it's subjects.
We do not deny the sacred and binding
character Of a contract, or the duty Of
the state to protect the just professions
of claims founded upon vested rights.
But because Of the sacred character of
contracts, and because of the Just preten-
sions Of claims founded upon vested
rights, our constitution has denied to
the representatives of a year the author
ity to make charter contracts incapa-
bic of modification or repeal. In re-
preventative government the people on
" are the perpetual foun tain OF justice
and power, and in such cases they only
can rightfully determine from time to
time the extent of their obligations to
others, or Of otherto themselves.
Nor is this doctrine peculiar to our
own state or country. In Great Britain
the charters of corporations are held to
be subordinate to the will of Parlia-
ment and as a matter Of fact, the rail
way laws of England are subject to con-
tinuous modification by the Legislative
power. In this country, at the present
time, nearly one third of the states