The Superior times. [volume] (Superior, Wis.) 1870-1912, 1875-01-23


ing prosecuted under contract, and that the eff
Client continuance of the work the ensuing season
requires a furtber and moro liberal action by the
present Congress.
Probably quarter of a million of our people re-
slde on the immediate shores of deep waters, navi-
gated by steam and sail. These waters are grand
nigh ways which nature has kindly and abundanty
bestowed upon our people. They were destint q
by the Creator to bear upon their bosoms preci-
Gus burdens from our farms AMI works hops, IN
EXCHANGE for rich products of foreign industry
and skill. over all this broad expanse of nayiga-
Die waters the federal government holds complete
ana lndisputahle sway. In the solution of the
grand problem OF cheap exchanges of products,
we ask OF that government to return to us but .
traction OF that which we pay for Its support, by
charging the natural channels of trade, by pro-
viding sufficient shelter for shipping and by
protecting the lives Of gallant and hardy sail
ors from the rage OF November storms We ask
TINS not merely on the ground of Justice, and
much less on the ground of uurequited bounty
Inc WlSest statesmen OF our time are c irmed
by every intelligent engineer Of the federal SER
! wee, IN estimating ultimate profit TO the
treasury upon every dollar Judiciously dsbursed
| ~ this branch OF the public service III truth,
! there are no figures adequate 10 4 complete ex-
| prGss!on q the past or the future advantages,
either to the government or to the people, Of the
| easy and safe navigation Of lakes aud rivers
/ The conceded obligations OF the government III
this de partment have been the foundation of our
| growth anf the life of Industry. But while IL
Is fortunate Tor cur own people that the duty OF
| the government is neither dou tful ror obscure
1t 10 unfortunate that the eXte"t of that duty is not
better defined, and that its faithful discharge can
| As to the special claims of the Fox and Wiscou-
! sin River Improvement, | need not indulge in
repetition of the facts have already stated in my
| first annual message and on other occasions |
now cali your attention simply 10 the conceded
truth, that no less than one-thrd of the states are
more or less directly interested in this improve
ment; and TO the testimony of Senator Window
and other high authority, that its completion
would connect the commerce OF nearly two thou
sand vessels on the lakes with that of quite two
thousand boats on the Mississippi river and its
tributaries; would " ten cents per busheI on
the cost OF wheat shipments, which would naturally
| Ds contributed from Minnesota, Wisconsin Ne
! braska, Iowa and Missouri, amounting TO a YEARLY
aggregate TO those states of not less than ten mil
/ mons OF dollars; would save other millions upon
the cost OF transporting iron, "copper" salt and lum-
/ Der from northern 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 10 encourage large additional Vroc-
! ton and shipment, even promising TO the toling
| producer of the west profit on his SURPLUS oats
and corn. hundred thousand western producers
! arc now praying Congress for more prompt and
! liberal action for the attainment OF these adyan-
tages,and ask you to unite with me in memorial
OF similar Character, in behalf of this and such
other mprov ernents OF this class clearly demand
] the continued and more vigorous support of fed
eral authority.
THE RAILWAY COMMISSION
In pursuance Of an act of the last legislature
! entitled " An act relating 70 Railroads, Expres
and Telegraph companies" it became my duty il
/ Nay last to appoint Board Of Rail- Dad Commits
| sioneIs. Conscious OF the ssponsible duties as
| signed 10 the commits ion under the Jaw. il WAS
my Jrnest endeayor to SO constitute the board as
10 dyoi any just suspicion OF political partiaity
or OF desire to PREJUDICE the interests OF either
the public or the corporations. 1 believe every
one familiar with the facts will concur with me IN
bearing cheerful tstimony to the impartiay and
ability with which the work of the commission has
thus Tar been performed. III addition to the or
unary duties OF similar commissions, the act
clearly implied the necessity of protracted inyes-
ugation, impossible of satisfactory completion
within the few months intervening bet cen the
rft he hFar
legislature. Sufficient progress has been made
however, 10 assure Us that the commissioners have
.aid broad and strong the foundation of future
pio5ie anh more intelligent legislation.
THE RAILWAY CONTROVERSY.
Immediately previous to the organization OF the
board OF commissioners, formal communications
Chicago, Milwaukee and st Paul Rallway Company
and OF the Chicago and Northwestern Railway
Company, mott iying me, the one in words and the
other in effect, that the requirements Of the law in
important particulars would be disregaI deu by
these corporations, and assigning reasons for this
determination.
Under these circumstances, no Alternative Nag
presented me. he constitution declares that the
Governor 'shal expedite al such measures as may
be resolved upon by the Legislature AID shall take
care that the laws be faithfully executed This |
consttu ion had sOiemnly sworn to support |
possessed no opportunity aud power to def = |
mine the merits OF the law. 1t not within the
scope Of my official authority to revisc the action o.
the Legislative branch of the government or 10 con
slider obi cons 70 the performance of duties II bad
rec fred. Nor is it permissible. that corporations
becaus vested with extraordinary responsibility |
and infuel4-r. rghttully await the progress of
& pTotracted 1GdCi1 investigation condition OF
public authority. SEch an a sumption is suby.r- |
siVe OF all law. in this resp ct the obligations of
powerful corporation no greater and no less
than those OF the humblest citizen within the iuris
diction Of the state. And I should have been false
10 You, ana false II the people We mutually reTre |
gent h3d failed i'll this emergency to exert all the
authority vested il the executive department Of |
the government for the enforcement Of the law
documents. eIlbOfNlDg Ia lfE Of
the proceedings which ensued, viii be submitted to
you III due time and form They amply confirm thus
lar the construction of constitution previous
y placed upon it by the Legislative and executive /
departments OF the government This nstruction |
l. emphasized 10y the concurrent opinions of Gil the
Judges OF the supreme Court and the Judge OF enc |
Circuit Court OF our own state snd also three
judges OF federal jurisdiction, including a diatiI-
guished member of the United States Supreme !
Court. In accordance with these Judicial results |
and especially in pursuance OF writs of Injunction
Issued from the Supreme Court OF Wisconsin, the |
law has been IL practjce force throughout the state
since the first day Of October lat except as to the
carriage Of passengers and freight rom points |
within the state to points without it, and from |
points without the state to points within it. ipyov-
ing the question of Interstate commerce. which has
been reserved for consideration at the final adiudi-
cation of the controversy by the Supreme Court OF
the nited States. Rates for freight and passengers
passing entirely through the state are not affected
BY thu law and all roads in Glass C" are subject
oniy to The provision that they shall not charge |
higher rates for freight than they We're receiving
under their own tariffs june LIST, 1873 Hence it |
may be seen that the amount Of business actually |
affected b. the law is light, compared with the |
whole.
The power of the state over the franchises OF cor
poratiOns, thus far judiciay determined ia alb |
solute. most firmly believe that the reservation
OF this power to this unlimited extent was clearly
and wisely intended by the makers of olIr funda-
mental law. Doubtless the trainers OF that instru
mentf oresaw and appreciated the benefits that might
ensue from the prosecution Of public enterprises |
by means of organized and aggregated capitaI !
But they also foresaw and appreciated the possible
dangers that might arise from the creation within
the state, of a power more formidable than the
state itself However plausible the argument in
behalf OF the contrary view, We can intelli-
gently coDcede that the sovereign can become the
servant OF its subjects. We do not deny the sacred
and binding character Of q contract or the duty of
the state to protect the just pretenson7 OF claims
founded upon vested rights. But b.,ause of the
sacred character OF contracts, and because of the
Just pretensions of claims founded uuon vested
rights, our constitution has denied to the repre-
sentat+ves of year the authority to make charter
contracts incapable Of modification repeal. In {
representative government the people only the
perpetual fountain of justice aud power, and in
uch cases. they only rightfully determine from
line to time the extent of their Obligations 10
'thera, or of others TO themselves.
Nor il this doctrine peculiar to our own state 81.
country. In Great Britain, the charters OF corpo-
ations are held to be subordinate to the will Of I
Parliament, and as matter of fact the railway laws
y England are subject TO continuous modification a
" the legislative power In this country, at the
resent time nearly one-third of the states claim
M safely assert similar prerogatiye, almost
rely without question dispute.
PROTECTION or FOREIGN CAPITAL
1t is alleged that this reservation Of power in on,
on stitution viii endanger the investment Of /
oreign capital and restrain the progress of public
improvements III Wisconsin l indulge in no tore 1
odings OF this kind The power to destroy IL II
ludes an equal power to encourage and IIrotect b
borrower, the power of he state to DESTROY by :
rays more direct than those of public supervision
as never been seriously denied. No railroad COM =
any NFEfS NNi lob ,a4