Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1908-05-15
WILL ARGUE THREE
IMPORTANT CASES
SUPREME COURT TO HEAR SUIT
TESTING POWER OF RAIL
ROAD COMMISSION.
FRANCHISE is QUESTIONED.
Permit of Milwaukee Company, Grant
ed in 1900, Will Be De-
cided.
SETTLE BENNETT BUILDING LAW.

MADISON, Wis. May S.-TSpeciaLl
Three of the most important cases to
come before the supreme court in years
will be taken up during the sitting of the
court, which started today.
The case of the 500 against the
cailroad commission OF Wisconsin to be
aeard on Tuesday will determine the
validity of the commission act and the
extent to which the Legislature can dele
gate power to board in the control of
corporations. This is considered the
most important case to come before the
supreme court since 1874, when the
famous granger cases." later sustained
by the United States supreme court, the
court held that the state had the power
to regulate corporations created by it.
Milwaukee Street Car Case.
The case of the state against the Mil
waukee Electric Railway and Light COM
pany will determine the validity of
franchise granted to the company in
1900, and also the question as to whether
the state can examine the officials of
the company to ascertain if any money
was used Illegally or frauduently in Sc
curing the permit.
The Bennett case will determine the
validity of the tenement house law
passed at the last session of the Legis-
dluIt. ~ StllleDltul Oh lllS case Is
earnestly sought, because the ConStruc-
ton of a number of large buildings. in
yolving thousands of dollars, has been
delayed in Milwaukee by the litigation
The case OF the state against Samuel
Montgomery of Warren, formerly con
victed of murder in the first degree by
pounding his wife in the face but on Il
second trial of manslaughter, will be
heard by the court. The defense seeks
to have the sentence of seven years re-
duced.
VIII Be a Hard Fight
In itself, the case of the 800" is not
important. 1t simply relates to an order
of the commission requiring that q pas
senger train stop at Dwight, little sta
ton in Polk county. But the railroad
thought the order was a hardship and
the matter was taken into the court for
review. The circuit court sustained tue
commission and on an appeal to the su-
preme court after months of considera-
ton, the court asked for arguments on
the question of the extent of the power
of the commission and the right of the
courts to review the commissions orders.
The case has assumed such Importance
that attorneys of other roads were asked
to present arguments and the state re
tanned II. l.. Butler as counsel. The
state will be represented by Attorney
General Frank l.. Gilbert, Deputy At
torney General Russell Jackson and
Mr.. Butler. The corporations will be
represented by e. NJ. Hyzer, counsel for
the Northwestern; c. ii. Van Alstine
for the st. Paul; John Sanborn and A.
ii. Bright for the 500 and the firm of
Miller, Mack & Fairchild of Milwaukee
for the Milwaukee Electric Railway and
Light company.
Street Car Case Important.
The Milwaukee street car case was
in, A 1NlT
according to the affidavit of the attorney
general for the purpose of removing the
officers and directors of the Milwaukee
Electric Railway and Light company and
of compelling them to account for moneys
belonging to the company alleged to
have been improperly diverted by Them
for the alleged purpose of bribing mem
bers of the common council of Miwau-
kee in the passage of the 1900 franchise
The action is also brought to cancel and
annul or restrain the use of the 1900
franchise on the ground it was procured
through fraud.
After the action was begun the state
sought to examine the railroad officials
as adverse parties to enable the state
TO form its complaint. Thereupon a re
stra!ning order was sought by the rail
way company's officials on the ground
principally that the action had occurred
over six years before and was outlawed.
Judge Ludwig QYerruled all of the
points raised by the defendants and di-
rected that the examination proceed.
From this ruling the street car company
appeals to the supreme court.
y decision of the supreme court will
settle number of very important points
and If the state wins q long trial will
probably follow on the merits Of the
action. ~,