Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1908-04-10
RAIL WAY act SAFE
SAYS STURDEVANT
EX-ATTORNEY GENERAL BELIEVES
MINNESOTA DECISION WILL
NOT AFFECT LAW.
PENALTY IS NOT EXCESSIVE.
Validity of Statute Can Be Tested With
out the IncurriRS of Disproportion
ate Punishment.
TWO-CENT FARE LAW IS o. K.

MADISON, Wis, April 4.-ISpecial.l
Former Attorney General l.. NJ. Stur-
devaIt who was the legal advisor of the
state when the railway commission act
was passed in Wisconsin, believes this
law would not be declared void as the re-
suit of the decision of the United States
supreme court in the Minnesota case,
which found the penalties eXacted by the
Minnesota law excessive. Mr.. Sturde-
want declares under the Wisconsin act
the validity of the law can be tested
without mourning the penalties. He also
believes the Wisconsin 2-cent fare law IS
safe and would probably not be held 50
severe as to render the act VOID, but TINS
| is not certain.
Mr.. Sturdevant reviewed the history of
the Minnesota case, and, continuing, he
said:
In view of the fact that imprison-
meut of ninety days i'll Jail is held SO
excessive a penalty for the violation OF
a state law as to render the act void, 1t
is an interesting question as to what
penalties may be imposed in order to en-
force obedience to rate laws, like the one
in question. 1t seems from the language
of the court that what might be consld-
cred an excessive penalty is to be meas
ured somewhat at least by a considera-
llOl dS W "uSluCl hiSpulCN AdSlS "a
involved and as to whether the Legisla-
ture is the sole judge of the facts or
not. Considering the penalties attached
to great number of the criminal and
penal acts of the Legislature of this
state, it is a matter of grave doubt as
to the validity of a large number of
them. if the holding of the highest court
of our country is to be applied to such
statutes.
Penalty Is Forfeiture.
"The penalty for violating the statute
| fixing passenger rates at not more than
= cents per mile is by way of forfeiture
in the Wisconsin act of not more than
| $1,000 This forfeit would be recovered
! in civil action against the corporation
violating the statute Each sale OF a
| ticket would be violation, but unlike the
| Minnesota act the penalty is not directed
| against the officers or agents, ana Woulo
| probably not be held so severe as to
| render the act void but this is not GER
| tain.
Our act to regulate railroads and
| create a board of railroad commissioners
! provides many fines and penalties ano
! forfeitures under which the offending cor
poration may be punished as well as
its officers and agents. A general pen,
| atty against the corporation IS PROVIDED
of from $500 to $1,000. The question
is: Are these penalties so excessive as
to destroy the validity of the actf
Can Test Case Easily.
"Our act provides direct and simple
method for testing the validity of thf
rate, or any order of the commission by
an action to set aside the rate as unlaw'
| ful. or the order as unreasonable. An in
junction may issue suspending the rate
or the taking effect of the order pending
| the action.
these provisions ought to save ous
railway act, for the court bases its de
csion on the impossibility of testing tht
validity of the Minnesota acts without
incurring the severe and burdensom(
penalties of the acts. Under our act thii
can be done without mourning the penal
ties"