RAILWAY LEGISLATION 187 



Early in May the board effected its organization and pro- 

 ceeded to notify the railroad companies of the classification 

 of roads and the maximum rates fixed by the Potter law. 1 Mean- 

 while the leading railroad companies had submitted the Potter 

 law to such eminent jurists as William M. Evarts and Charles 

 O'Connor of New York and E. Rockwood Hoar and Benjamin R. 

 Curtis of Massachusetts, 2 and relying upon the opinions of 

 these lawyers, the officials of the St. Paul and the Northwestern 

 appear to have reached the conclusion that the law was invalid 

 and could not be enforced. Accordingly President Mitchell 

 of the St. Paul and President Keep of the Northwestern ad- 

 dressed letters to the governor in which they took the position 

 that the enforcement of the law would amount to confiscation, 

 and declared the intention of their companies to disregard its 

 provisions until these were passed upon by the courts. 3 



These statements were looked upon as a challenge by the 

 Granger governor, who answered them promptly in a vigorous 

 proclamation dated May i, 1874, in which he enjoined 



all railroad corporations, their officers and agents, peaceably to submit to 

 the law, for since the Executive is charged with the responsibility of seeing 

 that the laws are faithfully executed, all the functions of his office will be 

 exercised to that end; and for this purpose he invokes the aid and coopera- 

 tion of all good citizens. 4 



Most of the smaller roads of the state took steps to comply 

 with such portions of the laws as related to them; 5 but the 

 St. Paul and the Northwestern, following out their announced 

 intention, made no effort so to revise their tariffs as to conform 



1 Railroad Commission, Reports, 1874, division i. 18; division ii. 1-4. 



2 The Wisconsin Railroad Law (pamphlet in Wisconsin Historical Society li- 

 brary) ; F. A. Flower, Life of Matthew Hale Carpenter, 155-158. See also, with ref- 

 erence to a favorable opinion of the validity of the law by Senator Carpenter, 

 Industrial Age, May 23, 1874, p. i; Wisconsin State Journal, May 14, 1874. 



3 Railroad Commission, Reports, 1874, division iii. 1-5. 



4 Ibid. 7. The governor followed this up with an address to the people, dated 

 May 21, 1874, in which citizens were enjoined to pay no higher charges than the law 

 allowed and to report all extortions to the district-attorneys. All local officers were 

 also enjoined to enforce the law within their jurisdictions. Aid from the executive 

 was pledged if circumstances should require it. Ibid. 8-10. 



6 Ibid. 1-14- 



