810 



WISCONSIN. 



office of the Executive Department of the State 

 of Wisconsin, on April 29th. 



Upon this, Governor Taylor issued his proc- 

 lamation, declaring that the law must be 

 obeyed. 



A lawsuit against the State of Wisconsin, 

 with reference to the laws regulating rail- 

 roads, was instituted in June, 1874, when, in 

 the United States Circuit Court at Madison, a 

 bill was filed in behalf of a number of bond- 

 holders of the Chicago & Northwestern Bail- 

 way Company, citizens of Europe, and other 

 States, praying for an injunction to enforce 

 their equitable rights, and to restrain the Kail- 

 road Commissioners of the State from enforcing 

 the law of March 11, 1874, to prevent action 

 which might result in serious injury to the 

 plaintiffs. Judge Davis, of the Supreme Court 

 of the United States, Judge Drummond, of the 

 United States Circuit Court, and Judge Hop- 

 kins, of the United States District Court for 

 the Western District, convened at Madison, 

 to determine upon the case. Numerous and 

 highly-reputed counsel of Wisconsin, Chicago, 

 and New York, among them two ex-Chief- 

 Justices of the Supreme Courts of Wisconsin 

 and Illinois, appeared for either side, and fully 

 argued the matter during the first three days 

 of July. The court decided it unanimously 

 against the plaintiffs on the 4th, when Judge 

 Drummond delivered the decision, his two col- 

 leagues fully concurring in it. 



Upon the delivery of the decision, Justice 

 Davis, of the Supreme Court of the United 

 States, read a short address, in which, consid- 

 ering the gravity of the questions involved in 

 this litigation, and that the court of last re- 

 sort would ultimately have to pass upon them, 

 he suggested harmony of action on the part 

 of both. complainants and defendants as neces- 

 sary to obtain a speedy decision, and that it 

 would be better for the defendants to have 

 prosecutions for penalties suspended while this 

 litigation was in progress. He concluded, say- 

 ing: " These prosecutions are not required to 

 settle rights ; are attended with great expense ; 

 and, if enforced while an effort is being made 

 to test the validity of this legislation, must 

 cause serious irritation, and cannot be, as it 

 seems to us, productive of any good results." 



Prior to the time when the decision was 

 rendered, the Attorney-General for the State 

 had commenced proceedings in the Supreme 

 Court of Wisconsin on a writ of quo warranto, 

 for the forfeiture of the charters of the Chica- 

 go, Milwaukee & St. Paul, and the Chicago & 

 Northwestern Railroad Companies, because of 

 their violating the State law of March 11, 

 1874. And on the 8th of July he also filed, in 

 the same Supreme Court, a bill in equity, com- 

 plaining for the State that the two Eailroad 

 Companies above named did persistently vio- 

 late the law of March 11, 1874, and asking that 

 these companies .be enjoined to-obey the said 

 law so far as the United States Circuit Court, 

 by their late decision,' had pronounced it valid. 



A copy of this bill, with a notice that the at- 

 torneys for the State would ask for a hearing 

 on the 14th of July for an injunction, was 

 served upon the officers of the railways com- 

 plained of. 



The matter came to a hearing on the 4th of 

 August, when the same counsel who, in the 

 previous July, had appeared before the United 

 States Circuit Court for the State and for the 

 Chicago & Northwestern Railway Company, 

 respectively, came now before the Supreme 

 Court of the State, with the addition of one 

 more on each side ; their number being further 

 increased by four on the part of the Chicago, 

 Milwaukee & St. Paul Railway Company, who 

 made common cause with the Chicago & North- 

 western. They argued the case in all its 

 aspects and at great length, the argument hav- 

 ing occupied the sittings eight successive days, 

 at the end of which it was closed, and the case 

 submitted to the court for judgment. The 

 court pronounced it on the 15th of Septem- 

 ber, and it was adverse to the railway com- 

 panies. The decision, which was delivered on 

 that day by Chief- Justice Ryan, is a lengthy 

 document, as it is comprehensive, answering 

 also the points raised by the counsel for the 

 railway companies in detail. From a synopsis 

 of the principal points decided, prepared by 

 the Chief-Justice himself, we here subjoin the 

 following conclusions : 



It is not material here whether the defendants had 

 an election to accept or reject the alteration of their 

 charters by Chapter 273. They were bound to obey 

 the statute, or to discontinue their operations as cor- 

 porate bodies. In either case, they nad no right to 

 conduct their operations in defiance of public law. 

 Chapter 273, of 1874, so far as its provisions are be- 

 fore the court in these cases, is a valid amendment 

 of the special charters of the defendants, granted by 

 the State. * * * The motions of the Attorney- 

 General must be granted ; and the writs issue as to 

 all the roads of the Chicago & Northwestern Euil- 

 way Company, and all of the roads of the Chicago, 

 Milwaukee & St. Paul Eailwav Company, except the 

 railroad from Milwaukee to Prairie du Chien, built 

 under the territorial charter of 1847-'48. But, be- 

 fore the writs issue, the Attorney-General must file 

 in these causes his official stipulation not to prose- 

 cute the defendants as for forfeiture of their char- 

 ters for any violations of Chapter 273, charged in 

 these informations, before the 1st day of October 

 next; that time being allowed by the court to the 

 defendants to arrange their rates of toll under Chap- 

 ter 273. 



In consequence of this decision, the Presi- 

 dent of the Chicago, Milwaukee & St. Paul 

 Railroad Company addressed to Governor 

 Taylor an official communication, dated Sep- 

 tember 28, 1874, notifying him of the com- 

 pany's conditional acquiescence in it. 



The President of the Chicago & Northwest- 

 ern Railway Company had previously ex- 

 pressed his intention to work the road in ac- 

 cordance with the provisions of the said law 

 until repealed or amended. 



The controverted law has been in practical 

 operation since the 1st day of October, 1874. 



The political contest, ending in the election 



