The New York herald., 1877-10-09
the Court wouia commence the call Of the docket TO-
morrow under the twenty sixth rule.
Adjourned until tomorrow.

AuJourncu until to-inorrow
DECISION
The following decision has boon handed DOWN.
No 27 William Frederick Pcik ct al appellants, va
the Chicago and Northwestern Railway OF al, and one
other case.-Appeais from the Circuit Court OF tho
United states for tho Western District Of Wisconsin,
These suits present the single question oil the power
oil the Legislature OF Wisconsin 10 provide Law for
maximum OF charge 10 be mado by the Chicago ana
Northwestern Railway Company Tor iare and freight
upon the transportation OF persons and property car
red within the state or taken up outside the State
and brought within IT, or taken up inside and carried
without. In Mum Il Scott vs. the People aud Chi
cago, Burlington and Quincy Railroad Company vs.
Cults We have just decided that the State may limit
the amount oi charges by railroad companies Tor
fares and rcights unless restrained by
IN the charter, even though their income may have
been pledged security for the payment OF oblign-
lions incurred upon The faith of tho charter SO far
this case IS disposed OF by those decisions.
II remains only TO consider few qucstions raised
here which not involved III the cases that havo
already been decided.
Frs-As 10 the consolidation Of the Wisconsin cor
porations with those Of Illinois For the purpose OF
promoting this consolidation the legislature OF Wis.,
consin passed an enabling act and IN SO doing pro.
vIded that II such consolidation perfected .Iho
consolidated company shall and remaip bject
the laws OF the State OF Wisconsin and tho state
Illinois respectively, and shall have all respects the
same privileges as though tbis consolidation had not
taken place. provided, that the laws OF Illinois shall
have no force and effect in the State OF Wisconsin,
WISCONSIN Consolidation act March 10, 1875, S)
The Same act also provided (sec. y that tho consoli
dated company should shave all the rights privileges
and franchises conferred on the said companies
tthose in Illinois well as thosc in wisconsin) by
the laws OF the Statos OF Illinois aud Wisconsin
respectively the same and not otherwise, as though
the said consolidation had takon pacc.n In this
way Wisconsin, IN elect, said to the Illinois conpa.
nics:-"You may consolidate your interest with those
of The named companies this State nnd form one
consolidated corporation In tho two States but so
doing you must, IN Wisconsin. be subject to laws.
charters altered repealed ut tho Will OF tho legisa-
ture II you wiling 70 take this risk will care
TOR w
tho consolidation was finally perfected, and
the consolidated company now exists, under
samo legislative control as to Its business in Wiscon
sin private persons. Tho Illinois companies might
have stayed out; but they chose to in, must
now abide the consequo Thus Wisconsin is per-
mtted TO legisate for tho consolidated company In
that State precisely the same rs y would for Its
original panes IT consolidation had taken place.
This Is the contract by which the Illinois
must abide. Having avacd themselves OF what they
they cannot repudiae their corresponding obligations
There is nothing, therefore, In this objection.
Seeoma.Ihs obligations Of me me consolidated COM
pcrior Railroad Company, to keep that part Of the
ROAD which formerly belonged to that company open
as public highway Tor the use OF tho government oil
the United Suites, free from toll or other charges
upon the transportation OF property or troops Of the
United States, and 10 transport tho mails at such
prices as Congress may by law direct The United
states do not complain. II Will be time enough tor
to consider this objection when thoy do.
Thrd-As TO the effect Of the statute regulation
OF Interstate commerce. The law is confined TO
State commerce. or such interstate commerce
uITeCty uHeClS Tue people OF WISCONSIN. Untll Con-
gress 10 reference to the relations OF this CON-
pany TO interstate commerce II Is certainly within
the power OF Wisconsin to regulate its fares &c, so
far as thoy are oi domestic concern With the people
OF WISCONSIN this company has domestic relations.
incidentally these may roach beyond the State But
certainly, until Congress- undertakes TO lcgslate
those who are without tho State, Wisconsin may pro-
vide Tor those within even though u may indirectly
affect those without
Fostyth-As TO the repeal Of this net by that OF
March ~, 1874, the supreme Court OF Wisconsin has
decided that there is no such repeal as is CLAIMED
(rhe Attorney General va Railroad Companies, 35
WIS, 427.) This is binding
FVM-As to the claim that the courts must decide
what Is reasonable and not the Legislature This Ia
that OF Mum & Scott. Where properly has been
clothed with public interest the Legislature may fix
limit to that which shall in law be reasonable lor It's
This limit binds tho courts vol tho people
II Il has been improperly fixed the Legislature, not
the courts, must DO appealed TO for the charge.
SirU-The sale OF the Chicago, ST. Paul and Eon du
Lac Railroad Company. The charter Of the pany,
whose road was so!d does not conor any right which
has been impaired by this legislation. That company
like other railroad companies In WISCONSIN, wns sub
jcc 10 regulation ~ 10 Its fares &c II 49, therefore,
unnecessary to consider what might under other CIR
cumstanccs have been the effect 0i such q sale
THIS disposcs Of tho No other need bo
considered II the question ever arises whether the
company can DO compelled 70 continue Its business at
the prices fixed IL Will be time enough Tor US TO pass
upon II when It reaches hero In due OF proceed
ing. II Is not hore now. Affirmed.
The Chict Justice delivered the opinion.
LrE INsURANCK
No. 124. Sophia Bigclow, Administrative, and Henry
Bigelow, administrator oil Henry W. Bigeow, de-
ceased, vs. The Berkshire Life Insurance Company-
In error to the Circuit Court oil the United States Tor
tho Northern district OF Illinois.
The Court decided In this case that when the policy
OF insurance contains stipulation that the policy
should be voded II tho insured committed suicide
insane that the obstruction OF the insured
whether scous of the criminal act or other wise
"A IL a