Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1908-04-10
RAILWAY act SAFE
SAYS STURDEVA
EX-ATTORNEY GENERAL BELIEVES
MINNESOTA DECISION WILL
NOT AFFECT LAW.
PENALTY Is NOT EXCESSIVE.
Validity of Statute Can Be Tested With
out the Incurring of Disproportion-
ate Punishment
TWO-CENT FARE Law IS O. K.

MADISON, Wis, April Al Special
Former Attorney General l.. NJ Stur-
devaLt, 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 courc in the Minnesota case,
which found the penalties exacted by the
Minnesota law excessive Nh Sturde-
want declares un Ter the Wisconsin act
the yalidits 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 this
is not certain.
Mr.. Sturdevant reviewed the history Of
the Minnesota case, and, continuing, he
said:
I'm view Of the fact that imprison-
mCnL Of ninety days i'll Jail is held 50
excessive Il penalty for the violation OF
Il state law as to render the act void, 1t
is an interesting question as to what
penalties may be imposed i'll 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 consid-
cred an excessive penalty IS to be meas
ured somewhat at least by Il cOnSidera-
involved and as to whether the Legisla-
ture IS the sole judge Of the facts or
not. Considering the penalties attached
to Il great number Of the criminal and
penal acts of the LEGISLATURE of this
state it is 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
statute.
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 a civil action against the corporation
violating the statute. Each sale of q
ticket would be violation, but unlike the
Minnesota act the penalty is not directed
against the officers or agents, and would
probably not be held 50 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 and
forfeitur;as 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 800 to $1,000. The question
is: Are these penalties so excessive as
to destroy the validity Of the act?
Can Test Case Easily.
Our act provides a direct and simple
method for testing the validity of the
rate. or any order of the commission by
an action to set aside the rate as untaW-
full, 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 our
railway act, for the court bases its de
csion on the impossibility of testing the
validity of the Minnesota acts without
mourning the severe and burdensOme
penalties of the acts. Under our act this
can be done without mourning the penal
ties"