The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1902-04-03
TO FEDERAL COURT
The Railroad Case is Sent Back to
the United States Court.
SUPREME COURT STEPS OUT.
Decision is Handed Down at Madison by
the Supreme Court Granting MO-
tion to Remove Battle Axe Case
to the Federal Court.

The people of Bayfield, county re-
ceived bad jolt in the decision of
the Supreme Court, handed down at
Madison Tuesday. It was confident
~ believed that the Court would
hold that it had jurisdiction in the
Battle Axe case, in which event the
entire matter would be tried on it's
merits before that Court. The SUI
preme judges have evidently taken a
great deal of time in deciding this
question, as decision in any ordin-
airy case would have been do !.
weeks ago. The court now 1.lut-
that the jurisdiction lies with the
federal Court. No decision there
fore is given the case as to it's merits.
but the entire matter is again
thrown back into the federal court.
where it will have to be tried on it's
merits. The dispatch from Madison
telling Of the decision is as follows:
Madison, April |. The decision of
the supreme court granting the re-
moval Of the Washb4rn, Bayfield,
y Iron River Railway case to the
federal court continues the idea that
it is a grave and Important question
the state, as a sovereign
power, has the right to forbid the
destruction of Que of it's railway
but that is the ultimate
question III the case. The question
now is what court shall tryit.
The opinion wr1Ocen by Justice
Dodge IS that the United States
statutes must control all courts to
which they apply. The United
States statute does give the right
to the defendant to remove any case
arising under the constitutional laws
Of the United States, and that the
powers of the federal courts and
their officers, when obeying their
orders. are matters controlled by the
laws Of the United States.
The information filed in this case
shows that the question presented
for decision is whether the circuit.
court Of the United States had juris--
diction and power TO command it's
master in chancery to tear up this
railroad After an examination of a
great number of decided cases, the
supreme court came to the conclu-
sion that this is question arising
squarely under the laws of the
United States and that the federal
statutes require that it shall be re-
moved to the federal court upon APP
plication Of the defendant.
Cases are cited showing that the
fact that the state is a party does
not constitute an obstacle to the re-
novel, even when it is proceeding to
enforce 2 sovereign right, except
when that sovereign right, consists
in the enforcement of a criminal or
penal statute. Various detailed OBJ
iections are discussed and found not
sufficient to avoid the force of the
statue giving the defendant the
right to remove the case. The effect
Of the decision is to pass over to the
United States count the duty to try
all questions involved in the case.
There is no reason to doubt, says the
supreme court, that it will protect
any right the state has in its high
ways.
It is probably that those interest
ed in the behalf OF saving the road
will Immediately take steps to bring
The entire matter to the attention of
he federal court The case will
each that court now upon its mer-
is and be SO decided. There is no
it is said by those in position
% know, why the Battle Axe people
rave improved their contention that
hey have a right to demolish the
'oad.
III H, Hayden Heard From.
a telegram was received by Dis
riot Attorney A. w. Mcleod today
rom Hi. Hayden saying the news
paper accounts misrepresented the
findings of the Court and that
there was 40 reason to feel discour-