Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1905-10-24


+ cial circuit. The result will not be
known till later in the winter, when
the Judge has had time to look over
the contesting testimony and argu
ments. His decision will not be
hurried upany because Of the states
impatieDce, but the case will be care.
fully reviewed after his careful, just
manner. and when the result of his
study of the case is out, there will be
no need of an appeal to the Supre me
court except as a matter of form.
Legal Profession Represented.
Byron Park of Stevens Point, OF the
firm of Carpenter and Park, attorneys,
appeared in the case in behalf OF the
defendant w. B. Angelo, of Plaintield,
and Assistant A Attorney General Cor
rigan and District Attorney Killeen
OF Waushara county represented the
state. The arguments did not take
long, nor was there much of legal
battle; each presented the facts as
tended to establish case in favor OF
his client, and the matter was left to
the good Judgment of the court.
How the Test Case Started.
The case originated about month
ago, and was instituted by the Wis
consin Central Railway company.
| through an attorney in it's employ,
| w. B. Angelo of Plainfield. He was
instructed to proceed with the case to
test the validity of the new anti-pass
law of last winters legislature. He
held pass issued him for services
rendered the company. With this
pass he rode on a Wisconsin Central
train: and then caused himself to be
arrested on the complaint of friend
of his, w. H. Berry, editor of the
Waushara Argus. Mr.. Angelo was duly
placed under arrest, allowed to give
bonds for his appearance in court and
pleaded not guilty.
Bound Over to Circuit Court.
He was bound over to circuit court,
and the case came up before Judge
Webb at the regular term OF circuit
court held at Waushara this fall, and
while it was readily proven that An
gelo had diSobeyed the law, his attOr-
neys asked for an arrest of Judgment
and suspension of sentence. claiming
that the law was not constitutional,
on the grounds that it was in effect
one that would impair contracts,
against the twelfth section of article
one of the state constitution. Part Of
the arguments in the matter were
heard in WauShara before the term OF
court for that cOu aty ended, but the
case was not concluded, so it was con-
tinued before Judge Webb in Grand
Rapids, his home town, at this last
session of circuit court.
Defendant Derided the Law.
At the time of his arrest, Mr..
Angelo derided the new law, saying
that it was not valid; at that time,
in an interview, he said in part: 81
am only notary public, and yet the
law seeks to prevent me from using
transportation earned by me in service
rendered the railway. The interest
the railway company has in it is that
it affects their employees including
physicians, who happen to hold some
little office, even one so insignificant
as that of notary public.n
How the Law Reads.
The particular part of the new law
that covers this case is chapter 486 OF
the laws Of 1905, amending chapter
357 of the laws of 1899, and reading
in part: mo corporation shall offer,
or give, for any purpose, *** to any
candidate for. or incumbent of any
office or position under the .conStitu.
tion or law. or any ordinance of any
town or municipality OF this state,
any free pass *. The term free
pass snail include any form of ticket
or mileage emitting the holder to
travel over any part Of the lines of
any railroad, issued to the holder as a
gift, or in consideration or partial
consideration or any service per-
formed by such holder except when
such ticket or mileage is used By such
holder in the performance of his duty
as an employee of the railroad issu-
ing the same"
| Many Affected BY Law.
| Most of the persons in tie state who
held such minor Offices as notary pub
lie, school board member, and other
city and county officers who have by
various means earned mileage over the
rail roads. Members of the state
militia will be affected by this law,
and the state will have to pay out a
large sum each year to transport them
to and from the annual encampment
at Camp Douglas. In reality this
+! would affect fire company being
hurried to neighbcring town to
assist it, should such an occasion
arise.
Editors are Hit Hardest.
IL Those whom the new Law hits ha ri.