The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1875-01-14

Governor ''shall expedite all such measures as MAJ
be resolved upon By the Legislature, and shall take
care that the laws be faithfully executadf This
constitution had solemn1y sworn to support
possessed no opportunity and no power to deter.
| mine the merits of the law. 1t was notwithin the
scope of my official authority to revise the action Of
the Legislative branch OF the government or 20 con-
slider objections to the performances OF duties 1t had
required. Nor is it permissible, that corporations,
/ because vested with extraordinary responsibility
and influence, can rightfuly await the progress OF
protractsd Judicial investigate as CONDITION OF
| public authority. Such sumption is subyer-
slye OF all law In this respect the obligations OF
powerful corporation are no greater and no less
than those OF the humblest citizen within the 1uris
diction Of the state. And should have been false
TO you, and false to the people we mutually repre-
gent h9d failed IN this emergency to exert all the
| authority vested in the executive department OF
| the government for the enforcement OF the law.
| Copies Of documents enahodying the results od
TIE proceedings which ensued, will be submitted to
you IN due time and form They amply confirm thus
lar the construction of our constitution previous
ly placed upon it by the legislative and executive
| departments OF the government This construction
Is emphasized by the concurrent opinions of all the
Judges OF the supreme Court and the Judge Of one
| Circuit Court of our own state, and also three
| judges of federal jurisdiction, including distin-
gJushed member of the United States Supreme
Court. In accordance with these judicial results,
and especially in pursuance of wits 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 passengers and freight from points
within the state TO points without il, and from
points without the state 70 points within it. nyoly.
ing the question of Interstate commerce. which has
been reserved for consideration at the final adjudi
cation of the controversy ~ the Supreme Court Of
the United States Rates for freight and passengers
passing entirely through the state are not affected
by the law and all roads in Glass G" are subject
| only to the provision that they shall not charge
higher rates for freight than they were receiving
under their own tariffs June LIST, 1873. Hence Ii
may be seen that the amount of business actually
affected
whole
The power of the state over the franchises of cor
porations, thus far judicially determined is alb
solute. most firmly believe that the reservation
Of this power to this unlimited extent clearly
and wisely intended by the makers of our funda-
mental law. Doubtless the trainers Of that instru~
ment fOresaw and appreciated the benefits that might
ensue from the prosecution of public enterprises
by means Of organized 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
behalf of the contrary view, never intelli-
gently concede that the sovereign can become the
servsnt Of its subjects We do not deny the sacred
and binding character Of q contract the duty of
the state to protect the just pretensions of claims
! founded upon vested rights But because of the
sacred character Of contracts, and because OF the
| just pretensions Of claims founded upon vested
rights, constitution has denied to the repre-
sentatiyes OF year the authority TO make charter
contracts incapable of modification or repeal. In
representative government the people only are the
| perpetual fountain of justice and power and III
such cases, they only can rightfuy determine from
| time to time the extent of their obligations to
others, or Of others to themselves
| Nor is this doctrine peculiar to our state
country. In Great Britain, the charters Of corpo-
| ratons are held to be subordinate to the will OF
parliament, and matter of fact the railway laws
/ of England are subject to continuous modification
| by the legislative power In this country, at the
present time, nearly one-third of the states claim
/ and safely assert similar prerogative, almost
| trely without question or dispute.
| PROTECTION OF FOREIGN CAPITAL.
It is alleged that this reservation of power in ou
| constitution viii endangor the investment OF
foreign capital, and restrain the progress of public
improvements In Wisconsin indulge In 40 fore
| bodings OF this kind. The power to destroy ir-
| cludes an equal power 10 encourage and protect.
! Moreover, the power Of The state to destroy, by
ways more direct than those Of public supervision,
has never beeu seriously denied. No railroad COM
pany exists which may not be annihilated by legis-
| ative enactment permitted by provisions of our
constitution other than those under discussion.
| Under all circumstances possible, Investments OF
capital in Wisconsin and all other states are more
or less dependent upon the moral obligation of
the people and the good faith Of the law-making
power.
| I have said that the power TO destroy includes
the power to encourage and protect AS to the fulI
purport OF this declaration, need but remind you
of the peculiar relations OF capital to modern rail-
Way enterprise and its management No one can
deny that in many instances capitali deprived of
| It's lighttul compensation. Nc will dispute
that public confidence in Investments of this kind
| by those not immediately concerned fl the man
az enent, Is now, and long has been, seriously i'm
| paired. We should be slow to conclude that snT
capitalist would object to such measure of public
supervision and control as would ensure him an
| equitable dividend npon his investment; and
equally slow TO conclude, that railway stock habit
ually sold in the market for Eare fraction of it's
nominal value can be seriously deprecated by
power Of legislation car atle Of enhancing its value
Candor compelS me to say, more plainly that be-
ieve real occasion exists for the present depre
citation in the capital stock Of many of principal
railways, except the absence OF that judici0uB
| supervision of railway management which our
constitution wisely permits.
| THE RAILROADS AND THE AGRICULTURAL CLASSES.
Pending the litigation between the state and the
railways, distinguished counsel for the corpora
| tions arraigned the agricultural elaBsts of the
northwest, on the charge of forming combinations.
of resisting just administration of the laws, Of
fostering the spirit of communism, and instgating
a new distribution Of land, by taking from those
who have, to give to those who have not; and THE
| disparsgiDg discourse has been widely circulated
In the annual report of the companies represented.
! cannot permit this aspersion upon the mass 81
our people to pass without contradiction and re-
| buke. The agricultural classes of the northwest
are not conspirators. They are not agrarians.
| They are not the enemies Of public order or the
public faith. Their lives of peaceful in
dustry stained by offensive record
OF Reputation, bankruptcy, ignorance
| crime. They earn an honest living, as all
men should. They pay their honest debts as
|
| law, and in peace in war, are prompt to defend
their government and its laws from open secret
assault. They have nssented to no enoroachment
upon vested rights, unless it be upon rights vested
! by their own constitution in themselves. They
have defed the mandates of no statute by in
gonious, specious and protracted appeals to courts
| of last resort. They have never thronged
the doors Of legislative halls to
clamor for an Increase of special privileges,
| and an enlargement OF their property
rights They have employed professional lob
byists to infest your presence or to corrupt the
fountains of law. They have constructed no noun
| tains of county municipal debt for any but
themselves to pay. They have avoided no burden
of taxation demanded by equity or law. They have
resorted to no political or legislative legerdemain
to forestal or subvert public opinion. They have
coined no mammoth fortunes from property that
fails to pay interest upon itself. They have en-
! couraged no apportonment of lands to the land
less except as they have approved free and frequent
donations of the common domain, or mortgaged the
homes of their wives and children, that they might
enhance the hardearned wages of their daily labor,
and contribute TO the general welfare of the state