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

CATION of our lakes and rivers The con-
coded obligations of the government in
this department have been the foundation
of our growth and the life of our industry.
But while it is fortunate for our own
people that the duty of the government is
neither doubtful nor obscure, it is unfOr-
tunate that the extent of that duty is not
better defined, and that its faithful dis
charge cannot be more promptly en-
forced
As to the special claims of the Fox and
Wisconsin River Improvement need not
indulge in repetition of the facts have
already stated, in my first annual message
and on other occasions. | now call your
attention simply to the conceded truth.
that not less than one-third of the states
are more or less directly interested in
this improvement; and to the testimony
of Senator Window and other high au-
thority, that its completion would connect
the commerce of nearly two thousand YES
sells on the lakes with that of quite two
| thousand boats on the Mississippi river
and Its tributaries; would save 'sten cents
per ouSheF' on the cost of wheat ship
mentS, which would naturally be contrib
uted from Minnesota, Wisconsin, Nebras-
ka, Iowa and Missouri, amounting to a
| yearly aggregate TO those states of not less
| than ten millions of dollars: would save
other millions upon cost of transporting
! iron, copper, salt and lumber from North
| ern Wisconsin and Michigan, and eastern
merchandise received in exchange; and
! that with the completion of the Huron
canal its natural extension, distance
would be sufficiently abbreviated to en-
| courage large additional production and
! shipment, even promising to the toiling
| producer OF the west profit on his sur
| plus oats and corn. A hundred thousand
western producers are now praying Con
! gresS for more prompt and liberal action
| for the attainment of these advantages,
and | ask you to unite with me in me-
| mortal of similar character, in behalf
! of this and such other improvements of
| this class as clearly demand the continu-
| ed and more vigorous support of federal
authority.
THE RAILWAY COMMISSION
In pursuance of all act of the last Leg
! iSlature, entitled "An act relating to Rail
roads, Express and Telegraph Compan-
ties" it became my duty IN May last to
appoint Board of Railroad Commission
! ers. Conscious Of the responsible duties
| assigned to the Commission uuder the
| lrW, it was my earnest endeavOr to so con-
! Stitute the Board as to avoid any Just sus-
piciOn of political partiality, or Of de-
| sire to PREJUDICE the interests of either the
| public or the corporations. [ believe every
one familiar with the facts, will concur
with me in bearing cheerful testimOno to
the impartialIty and ability with which
the work of the Commission has thus far
! been performed In addition to the Ordi-
nary duties of similar Commissions, the
act clearly implied the necessity of pro-
| traced investigation, impossible of salts
factory completion within the few months
| intervening between the organization of
| the Board and the meeting of the Legisla-
ture. Sufficient prog ress has been made,
| however, to assure us that the Commits
siOners have laid broad and strong the
foundations of future progress and more
intelligent legislation.
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
and st. Paul Railway and of the Chica-
go and Northwestern Railway Company,
notifying me, the one in words, and the
other in effect, that the requirements of
the law in important particulars would be
dlsregarded by these corporations, and as
signing reasons for this determination.
Under these circumstances, no alterna-
tive was presented me. The constitution
declares that the Governor "Shall ex-
pedite all such measures as may be re-
solved upon by the legislature, and shall
take care that the laws be faithfully eX-
eCuted." This constitution | had solemn
lY sworn to support. | possessed no OPP
pOrtunity and no power to determine the
merits of the law. 1t was not within the
scope of my official authority to revise
the action of the Legislative branch of the
government, or to consider objections to
the performance of dutes'it had required.
Nor is it permissible, that corporations
because vested with extraordinary respon-
sibility and influence, can rightfully await
the progress of a prOtracted judicial in
veStigatiOn, as a condition of obedience
to public authority Such an assumption
is subversive of all law In this respect
the obligations Of a powerful corporation
are no greater and no less than those of
the humblest citizen within the jurisdic-
ton OF the State And | should have been
false to you and false to the people we
mutually represent, had | failed in this
emergency to exert all the authority vest
ed in the Executive Department of the
Government for the enforcement of the
law.
Copies of documents, embodying the re-
suits Of the proceedings which ensued,
will 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 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 of
three judges OF federal jurisdiction, in
Guiding distinguished member Of the
United States Supreme Court. In accor-
dance with these Judicial results, and es-
pecially in pursuance of WritS of iniunc-
ton 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 car
riage of passengers and freight from
points within the state to points without
! it, and from points without the
! state to points within it, invOlv-
| ing the question of interstate com
MERGE, which has been reserved for
consideration at the final adjudication of
| the controversy by 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 "ClaSs C' are subject only to the
provision that they shall not charge hign-
er rates for freight than they were receiv-
ing under their own tariffs June 1st, 1873.
Hence it may be seen that the amount of
business actually affected by the law is
light, compared with the whole.
Thn nnwer of the State nunr The from