Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1914-06-19
CONTRACT UPHELD
CIRCUIT COURT DECISION IN FA-
voR OF THE MENASHA
WOODEN WARE CO.
WILL GO TO THE SUPREME COURT
This Action was Started by the 500
Line to AnnuI Long-Standing
Contract

judge George w. Burnell has just
handed down a decision in favor ol
the defendant in the case of the
Minneapolis, st. Paul & Sault Ste
Marie Railway company, against the
Menasha Wooden Ware Co., which
was tried before him in circuit
court in Winnebago county early
last December and then taken un
der advisement. Counsel of the liti
gants served briefs upon each 9th
er and oral arguments We're to have
been made. These were dispensed
with, however, additional briefs be-
ing submitted instead.
Although considerable testimony
was taken in the case, there was
little or no dispute, as stated by
Judge Burnell in his decision, as to
the facts, the questions involved be,
ing purely those of law. He adds,
however that the question present
ed is one of so much Importance chat
it will have to be determined by the
supreme court before it can be re-
garded as settled, and he therefore
contents himself, he says with giving
the conclusions arrived at and the
reasons therefor.
One of the principal questions in
volved in the case was whether the
legislature has the power to enact
legislation that will revoke or in
validate contracts of a nature which
figured in the defendants principal
contention of defense. Judge Burnell
sustains the defendants view of the
question and he finds that it is en-
titled to judgment on it's counter
claim. This" he adds should be
in the form of a mandatory injunc-
tion restraining the plaintiff from
refusing to carry logs and bolts ac-
cording to the contract rates." He
directs that findings be drawn in
accordance with the opinion.
Refused to Pay Tariffs
In this action the plaintiff sought
to enforce the payment of $3,217.O4
which it claimed to be due on freight
charges and which the defendant de-
clined to pay in whole or in part,
alleged by the plaintiff that from
June l, 1911, to February 27 1912,
the defendant delivered to the plain
tiff at various points along the lat
ter's railway in Wisconsin many car
loads of logs and wood bolts for the
plaintiff to transport as a common
carrier by rail to Ladysmith, and
that the plaintiff as a common car
rier duly transported and delivered
such shipments, the transportation
service being wholly within Wiscon-
sin; that the freight charges on the
shipments, according to the Wiscon-
sin railroad commission, amounted to
the sum noted and that although the
defendant had been fully advised OF
the shipments and charges thereon
it had refused to pay the same to
the plaintiff. These charges, based
upon the same rates, would aggre-
gate now approximately $4,000, it is
stated, for the shipments have con
tinued as they did before, pending
the decision of the court in the case
The defendant set up in it's de-
fense a general denial of the plain
tiffs material allegations and speci
fically questioned it's right to make
or enforce the tariffs under which
the freight charges in question were
made. 1t contended that it should moi
be compelled to pay higher freight
rates than were called for under al
agreemnet that existed a considerable
number of years prior to the pro
mitigation of the tariffs making al
increase in such rates. 1t specific
ally questioned the right of the leg
islature to enact law that woult
abrogate or invalidate such an agree
ment or contract, which was made il
December, 1899.
Trial of the case occupied sew
eral days and was ably conducted o,
both sides by eminent counsel, TIL
plaintiff being represented by Ker
meth Taylor, A. H. Bright and A. f
Lossow, all of Minneapolis, and tn
defendant by A. E. Thompson an
John C. Thompson, of Thompson
Thompson & Jackson, of this city.
Courts Decision
After giving a summary of the d.