Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1905-09-19

AAoi' oiidl lCS h. VeUU. JuuSC Vi UIie
seventh judicial circuit of Wisconsin
| has on his hands the task of deciding
whether or not the new railroad rate
! law is constitutional or not. A test
case coming under the free pass sec
tlon OF the measure will come before
him at the regular term of circuit
court held in WauShara County this
| week. The case itself may not come
| up this week, but it is slated for this
term OF court, and to the most promi-
nent citizen of Grand Rapids will fall
the task of passing upon the question.
Test Case is From Plainfield.
The test case comes from Plalnfield,
and has for it's defendant an attorney
for the Wisconsin Central railway
company, w. B. Angelo, who is also a
| notary public. 1t is said that the idea
of testing the new law did not origi-
nate with the district attorney of
that county, but with Mr.. Angelo
himself. Though notary public and
coming under the reach of the new
rate law, he used his pass issued for
services rendered the company, and
| by agreement with w. II Berry.
editor of the WauShara Argus, the
latter caused complaint to be lodged
against the attorney and he was
arrested Bail was furnished and all
is being done to have the case come
up before Judge Webb at the regular
term of court beginning this week.
Defendant Derides New Law.
Mr.. Angelo is evidently of the
opinion that the law is a nuisance
and is absurd, as we'll as unconstitut-
iOnal. In recent interview he said:
II am only notary public, and yet
the law seeks to prevent me from
using transportation which IS fur
niShed me by the company in whose
employ l am, The interest that the
railroad companies have in it is that
it affects ali their employees, includ-
ing physicians, who happen to hold
some little public Office, even if that
position is so insignificant as that of
notary public, or something else that
has a little to do with regard to
dealings between the railroads and
the public"
Will be Great Legal Battle,
The firm of Park & Carpenter, of
Stevens Point, considered one of the
best firms of attorneys in the state,
nave been retained by the defendant,
Mr.. Angelo, to take care of the case
and it is probable that other attorneys,
possible from this city, will also be
called on the case. District Attorney
Kileen. of WauShara county, is
making preparations for just as hard
a fight as he can put up to defend the
new law, and have it declared con-
stitutional, as is the duty of his
office of district attorney. In view of
the magnitude of the final ruling,
and to the prospects of big fight
over the matter at issue. Mr.. Kileen
haslapplied TO the Attorney Generals
office for assistance in defending the
action. No one has been assigned by
the Attorney Generals Office as yet to-
assist the district attorney, bat it is
certain that the best legal authorities
in the state will be called to this case,
since all the state will watch with
deepest interest the outcome of the
matter.
Wisconsin Central Behind the Move,
The fact that Mr. Angelo, acting
under authority from tho railroad
company he represents. has taken
steps to test the law, is good indi.
cation that after careful Thought
and after examining into the matter
the Wisconsin Central railway com
pany believe the anti-pass legiS
Iation will not stand the test of lega
argument ia court. They are however
living up to the letter of the law, anl
and will continue to do so, till th;
matter is settled.
How the Law Reads.
The particular part of the new rat,
law which covers this case is chapte
4S6 of the laws of 1908, amending
chapter 35T of the laws of 1899, ant
reading in part, as follows:
No corporation shall offer. or give
for any purpose, n to any candidate
for or incumbent of any office o
position under the constitution O
laws, or under any ordinance of an.
town Or municipality of this state
any free pass. \ The term fre
pass shall Include any form of ticke
or mileage emitting the holder t,
travel over any part of the line o
lines of any railroad issued to tn
holder as a gift, or in consideration O
partial consideration of any seryic
performed by such holder excep
when such ticket or mileage is uset
by such holder in the performance o
his duty as employe of the railroa,
issuing the same.'
Believed Unconstitutional
This section of the new law is he'll
by those who will endeavor to prov
! it worthless, to be against the prin
, ri nal and wordinu of tho ctato cor