The Superior times. [volume] (Superior, Wis.) 1870-1912, 1875-02-27

from which we make the following ex-
tracts:
THE DUTIES OF THE COMMISSIONERS
under the laws required them to report
the actual cost of the railroads in the
state. This they demonstrate to be al
most matter of impossibility, as the
elements of cost include bonds and
stocks sold at discount or exchanged
for labor or property at unknown valu-
atoms, donations, sums sacrificed on
foreclosures, and sales, &c. To the best
of their ability, however, they have
made the cost of the railroads In this
state as follows >
Chi, Mil. and st. Paul $40 miles S24, 242, 35S
Chi. and Northwestern. 500 miles. 25, $50, 100
Green Bay and Mimi .213 miles. 4,S72,9
West Wisconsin. ...... 185 miles. 4,577, 1872
Wisconsin Central. -. 1874 miles. 6,671, 4s3
Wisconsin Valley. ..... 60 miles. LILO, 445
Oshkosh and Mississippi 20 miles. 3l7,S91
Mineral Point. 49,. -. 80 miles. l ,554, 755
The Sheboygan and Fond du Lac, and
the Lake Shore roads seem to be omit
ted from these schedules. Also, the
length of miles ON the ST. Paul road
does not include side tracks and prob
ably some fractional lines. The total
elsewhere stated in the report is 766
miles. It's total present value of lines
in the state is placed at SOS, $50, $50.
This includes equipments.
THE TOTAL VALUE.
of the Northwestern lines IN the state is
not given with any exactness. The loss
of books by the Chicago fire is stated as
the reason for their inability to give
details. The statement is much less
satisfactory than that of the st. Paul
road. They make the cost of their road
at about 1862, 900 per mile, and of course
claim over $50, 100000 worth of rail-
road property in the state.
Those portions of this report which
relate to
THE POTTER LAW
are of great interest and importance.
At the olltstart, the commissioners claim
that this law is CHASED on the principle
of general rather than specific legisla-
tion," and they then "are forced" as
they say, "to the conclusion that the
equity and efficiency of all legislation
upon this subject depend upon the en-
forcement of general principles of re-
stra, Mt rather than upon the prescrip-
ton of arbitrary details, and thao the
most efficient supervision that can be
exercised is that where intelligent re-
morstrances is permitted to precede a
resort to actual force"
AS TO MAXIMUM RATES,
it is said that they are preferable to
specific rates to be fixed in the law
The reason is plain. The report says:
"The whole history of similar legis-
lation demonstrates that the generalized
method of restraining extortion and
discrimination IS more practicable and
efficient, and les obnoxious than any
other expedient; always presuming,
however, that the standard of the law is
sufficiently liberal and broad for all
probable contingencies.
The reason of this conclusion is clear
1t is impracticable for the state to as
sumo the sctual management of rail
roads, to wisely determine the multi
tude of minor questions of policy con
stantly aris1n,; III this department of the
public service. Surely there is no
apology for the exercise on the part of
the state of any power over corporations
which can be safely and as wisely ex-
ercised by the corporations themselves.
There is no principal of American gov
eminent SO thoroughly or so properly
established as that which limits the
province of legislation, i'll all times and
under all circumstances, to enactments
for the general GOO, and which denies
to government the right or the duty of
unnecessary interference with private
or public enterprise. In railway legis
lation this principle is entitled to as
much respect as in case of any other
legislation; and the first question to be
determined is, the extent to which such
legislation is necessary for the protec-
ton of the people, without unjust detri-
ment to investments In corporate enter
prises, and to individual discretion in
management.
THE NEW ROADS,
it is alleged, suffer greatly under the
exaction of the existing law. 1t is
urged that these lines now neither re-
ceive Nor expect to receive any present
return for their expenditure, by what
ever standard of honesty or economy
that expenditure is measured. The in
itiation and successful completion of
these enterprises are vital to the pro
gress of our commonwealth. Their
projectors look to the future alone for
that compensation to which all capital
is entitled for legitimate investment,
and wise and magnanimous people
will not consciously consent to any vio-
lation of their equitable privileges.
The present law is peculiarly and I'M
questionably oppressive and detrimen
tai as to all roads of this kind. The
restrictions imposed not melely tend to
delay the completion of lines already in
operation, but without affording relief
for any evident wrong, manifestly dis
courage or absolutely paralyze all
efforts for the development of
further enterprise of the same character.
THE LAW is NOT ELASTIC
to that extent which is desirable, say
the Commissioners. 1t is "too arbi-
trary and unyielding'' They say: is
it necessary, In order to protect the
public from the evils of bad man.
agement or extortion, that the mutable,
intricate and complicated circumstances
under which railways are operated,
should be wholly ignored, and specific
rates, especially of freights, be fixed
by law? Obviously, the capital honest
" invested in Wisconsin railways is en-
titled to fair compensation. Obviously,
also, it is the duty Of the state to pro
tect the people from the payment of I'M
reasonable or extortionate tolls. But
does it follow from these premises that
the state should prescribe those details
of railway management, not necessarily
relating Immediately to the general OBJ
ject sought to be accomplished