Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1876-12-07
An Important Decision.

The United States Supreme Court
has rendered decision, affirming
the right of the legislature to appeal
the law of 1870, that exempts the
lands of the West Wisconsin Rail
way. from taxation. This right of
appeal has always been denied by
the railroad company on the ground
that the law was contract between
the state and the company, and
they have fortified their position by
the legal opinions Of many able
lawyers. But this denial now
amounts to nothing. 1t is swept
away by this decision. The legis-
lature has the right to appeal the
law, and no reason now exists why
it should not be done.
The exemption law of 1870 has
always met with the bitter and de-
termined opposition of the great
mass of people, affected by it's pro-
visione, and scarcely legislature
has convened since that year that
has not been petitioned to repeal
the obnoxious statute. In the year
following it's passage, that is, IN 1871,
the member from Trempeleau count~
ty, Hon. A. A. Arnold, succeeded in
passing q bill repeating the law so
far as that county was concerned.
Acting upon this repeating law the
lie nds of the West Wisconsin COM
pany in that county are assessed and
taxed. The taxes not being pail,
the lands were returned and sold by
the county treasurer for delinquent
taxes, and certificates OF sale issued.
The railroad company brought an
action against the county to remove
this cloud upon the title of their
lands. The action brought up the
question. whether or not, the law OF
1870 WAS contract. lift was a
contract, then the law Of 1871, re-
pealing it was in conflict with the
constitution which prohibits the pas
age of any law violation and OBJ
legations of o contract, and therefore
null and void The case was tried
before Judge Dunn, and decided IN
favor of the county. It was then APP
pealed 20 the Supreme Court of Wis
consin, and decision was rendered
sustaining the judgement OF the
lower court. Not satisfied with this
the railroad company appealed to
the United States Supreme Court
and for three years the case has
been upon the calendar awaiting
it's turn. A few weeks ago it came
up and was argued. The highest
legal tribunal in the land has now
decided in favor of Trempelear
county, and against the railroad
| company, By affirming the decisionl
previously rendered.
TIE principle established by this
decision ia that the exemption Law
is simply franchise granted By the
State of Wisconsin TO the company
resting on the same basis as the
Echaracter of the company, and may
be altered, amended, or repealed a
the will of the legislature. The Law
is not, therefore, contract, and the
Legislature in repeating it violates nc
clause in our state constitution, bn'
simply exercises sovereign righ
expressly delegated by the constitu
ton.
Every attempt made in the legis
,ature to repeal the law, has beer
met by the objection that the Law
was a contract and beyond the con
stitutional power Of the Legislature
to change it, Tho measure woulC
be showed aside, or killed outright
on the plea that it was best to wal
for q decision on that vital point.
The right of the legislature to ap
peal the law cannot now be chal
lenged. There is now good rea
SON why the legislature should refuse
to do an act OF simple justice to the
over-bordened taxpayers who have
for years paid almost a double tax
that thousands of acres of valuable
land belonging to the railroad com
pany might go free from all taxa
ton The legislature of 1877 will
have an opportunity to face THU
question. This burden must b.
lifted. For thirteen of the twenty
years, the settlers have taxed them
selves to open highways, builC
bridges, and erect schoolhouses
while every day of labor, and every
dollar spent on these necessary pub
lie improvements have enhanced The
value of the railroad lands four-told
It would be an act of justice t.
all, to divide this loan and place
part, where it Of right belongs
on the railroad company. The state
and even the railroad company
ought to be ashamed to ask the poo
pie to pay their taxes any longer
Dunn County Nea0s.
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