Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1906-06-28
Supreme Court Renders Decisions of
Vast Importance
State Will Not Recover Penalties From
the Railroads
Madison Loses Suit Against Gas and
Electric Company

The supreme court yesterday hand
ed down decisions in cases of vast
Importance, upholding the Wisconsin
inheritance tax law, the ad valorem
railroad taxation law, and also the
civil service law. The court decided
that the state could not recover the
many $4,000 penalties claimed as for
FIXTURES against the railroad compa-
MES for filing false and untrue reports
OF their gross earnings for the pur-
poses of taxation under the old license
fee system. Under the inheritance
tax law some $24O,000 has already
been collected by the state
Civil Service Law Stands.
The civil service statute stands As
passed by the legislature, but the de-
partment of Commissioner of Banking
Bergh is relieved from the application
of the law. The court decided that
the legislature intended to and did in
fact provide that the bank supervision
department should not be under the
merit law, and that even without this
apparent legislative intent, the law,
enacted by a majority vote of the leg
islature, could not apply as an amend
ment to law creating a department
such as the state banking department
the creation of which was in the ma
ture of constitutional amendment
and required a two-thirds vote for it's
enactment. Therefore the court
granted the plea of the commissioner
of banking. and relieved his Office
from the operation of the law. Hav-
ing done this it was not necessary to
determine the question of constitution
atty of the entire law.
Ad valorem System Upheld.
Tie ad valorem railroad taxation
statute was absolutely upheld, the de
cision of Circuit Judge Hastings in ia.
vor of the state being affirmed, JUS
tees Marshall, Winslow, Siebecker and
Kerwin Affirming and Chief Justice
Cassoday and Justice Dodge dissent
ing.
Good Faith Wins for Railroads.
The penalty cases, decided in favor
of the state by Circuit Judge Stevens
were reversed. In this litigation the
state stipulated away" it's case,
agreeing that the railroads filed their
false and inaccurate reports of gross
earnings in good faith. The court
decided many of the points involved
in favor of the state, and the decision
was reached largely upon the fact
that no penalty could be recovered for
false and fraudulent reports when
the corporations did it in good faith,
and consequently the errors in the
reports were in the nature of lex
cusable negligence rather than de-
signed fraud. Justice Marshall wrote
the opinions in the railroad cases, the
penalty decision making SO and the
ad valorem Ill typewriter pages.
Pabst Books Stay Closed.
The Pabst Brewing company was
awarded it's writ of prohibition and y
is sustained in refusing to open its
books for examination in the county
court before Judge Carpenter.
Two Cases Left Over.
Two cases were left over-the Hofei
case from La Crosse, where Father
Hofer was convicted of crime
against a girl pupil, and the app'ica-
ton of District Attorney McGovern
for a writ of mandamus to require
Judge Williams to vacate an order
dismissing the indictments against
Keogh and Hare. Both OF these cases
were held for reargument.
Indians Win Appeal.
The Indians up at Ashland won on
their appeal to require Indian Agent
Campbell to give to them the money
he holds for timber from their allot-
ments of land. This case went
against the Indians in the court be-
low and the supreme court orders
reversal. This litigation was pressed
by Attorney NJ. M. Tomkins, who 1t Is
/ understood brought up some OF the
Indian claims.
Gas Company Gets Dismissed.
The Madison Gas & Electric Co.
4.