WISCONSIN. 



tivo rates affixed. According to the quality 

 >f tlio merchandise, the rat is of freight nro 

 ri--ki>nril hy weights of one hundred pound*, 

 by l.anvls. or car-loads, and calculated in u 

 steadily decreasing scale, in proportion us the. 

 distance run increases; the distance itself be- 

 ing considered as divided into lengths of 

 twenty-five mid thirteen miles. The rates fixed 

 for the transportation of merchandise, included 

 within any of the seven special classes, are 

 npplieahle only to the railroad companies 

 named ahove. All the other roads are allowed 

 to chaivc for it the flamo rates which were in 

 force on Juno 1, 1873, nnd no more. As to 



merchandise comprised within the four gen- 

 eral classes, all of the railroads in the State, 

 without distinction, an- permitted to charge 

 for its transportation thu same rates which 

 they did charge for it on June 1, 1878, and 

 no in 



In order to reali/.e the purpose intended, 

 and secure compliance with its provisions, the 

 act establishes a Board of Railroad Commis- 

 sioners, to bo appointed by the Governor. 

 Every evasion, or violation of the pro\ : 

 of thu act, is declared to be a misdemeanor. 

 The penalty for each ofleii.se is a fine not ex- 

 ceeding $200; in addition to which the in- 



STATE-HOUSE, MADISON. 



jured party lias the right to recover from the 

 offending company three times the amount 

 taken from him in excess of the legal rates, as 

 fixed by the act. 



A resolution was adopted by the Legislature 

 on the 12th of March, directing the Secretary 

 of State not to publish the act of the llth 

 of that month until the 28th day of April 

 next ensuing, when it should immediately go 

 into operation. In the State of Wisconsin no 

 general law is in force till after its publication. 



On the same day on which this law was 

 published, April 28th, the President of the 

 Chicago, Milwaukee & St. Paul Railroad Com- 

 pany, in the name and behalf of the corpora- 

 tion which he represented, addressed to the 

 Governor a communication, officially, to inform 

 him of the resolution taken by that body con- 

 cerning the operations of the road in refer- 

 ence to the provisions of the said act, stating as 



follows: "The Board of Directors have caused 

 this act to be carefully examined and consid- 

 ered by onr own counsel, and by some of the 

 most eminent jurists in the land, nnd after 

 such examination they are unanimous in their 

 opinion that it is unconstitutional and void. 

 The Board of Directors are trustees of this 

 property, and are bound faithfully to dis- 

 charire their trust, and to the best of tin-li- 

 ability protect it from spoliation nnd ruin. 

 They have sought the advice of able coun- 

 sel, and after mature consideration believe it 

 their duty to disregard so much of said law as 

 attempts arbitrarily to i\\ rates of compen- 

 sation for freight and passengers." 



Another communication of a like import 

 was sent to the Governor by the President of 

 the Chicago & Northwestern Railroad Com- 

 pany. Both of these communications their 

 respective writers caused to be filed in the 



