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Sign up freeThe Dallas Daily Herald
Dallas, Dallas County, Texas
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Wisconsin Supreme Court upholds the Potter railroad law, mandating compliance with fare and freight rates despite railroads' claims of charter infringement; no U.S. appeal possible from mandamus proceedings.
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The long and anxiously awaited decision of the Wisconsin supreme court on the Potter railroad law of that state has been given and is adverse to the roads. The law was enacted last winter, and its provisions, establishing rates of fare and freight, were declared so oppressive by the roads that they refused to comply with it. The attorney general applied to the supreme court of the state for mandamus to compel compliance, and this the court grants. The roads pleaded that the law was an infringement of their charters and a violation of vested rights; but the court holds that under the provisions of the state constitution, reserving the right to amend and modify charters, the authority of the legislature to modify franchises granted by charters is absolute. There is no appeal to the supreme court of the United States from proceedings for mandamus, and the roads have no alternative but to comply with the law.
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Story Details
Location
Wisconsin
Event Date
Last Winter
Story Details
The Wisconsin supreme court rules against railroads in the Potter railroad law case, granting mandamus to enforce fare and freight rates; the court upholds the legislature's authority to modify charters under the state constitution, leaving no appeal option for the roads.