USA > Wisconsin > An illustrated history of the state of Wisconsin : being a complete civil, political, and military history of the state, from its first exploration down to 1875 > Part 47
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He commended the suggestion of ex-secretary Breese on the subject of taxing railway-companies, and thought, also, that foreign insurance- companies should be made to pay more taxes to the State; and recom- mended that all fees received by State officers should go into the treasury. The registry law he thought was costly, cumbrous, and inefficient, and its amendment or repeal was recommended; and, in connection therewith, the opinion was expressed, that a fairer and fuller expression of public opinion might be secured by keeping the polls open a greater number of hours. He also congratulated the legislature on the progress of education in the State; and the common schools, normal schools, and State University received a very favorable mention. The governor felt a just pride in the State Uni- versity, and hoped it would stand as the "crowning head " of the system of public instruction. He referred to the Centennial Exposition in favorable terms, and recommended a board of managers to represent the State, and superintend an exhibition of the products which may be sent. He recom- mended the continued sympathy and care of the charitable institutions of the State.
He discussed briefly the subject of temperance legislation, and expressed his views strongly. He thought the bill known as the "Graham Law " objectionable in many of its provisions, and recommended some modifica- tion of existing legislation, so as to dispense with these obnoxious features without impairing the power of the State to regulate and restrain the liquor traffic. The subject of banks and banking received careful consideration; and some legislation was urged for the better protection of depositors.
The subject of transportation was quite fully and very ably discussed;
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and he referred with satisfaction to the improvement of the harbors of the State, of the Mississippi River, and of the Fox and Wisconsin Rivers. He thought these public improvements were warranted by the General Govern- ment, from the national character of the works.
The governor presented the different aspects of the railway-question in a clear and concise manner. He laid down certain propositions to guide the legislature in the investigation of this subject, and suggested, but did not recommend, a railroad commission. He insisted that farmers have rights that legislators are bound to respect, and that the time had come when some relief should be afforded against the greed and extortion of monopo- lists. He stood by his associates, and honored his calling. The evils and abuses complained of he considered could better be remedied by State than by Federal legislation.
The message was independent and dignified in tone; and its clear and forcible style, and its fair and able discussion of public affairs, made it an official document of merit and importance. It will compare favorably with any similar document ever submitted to any legislature of this State.
The legislature adjourned March 13, after a short session of forty-nine days. It carried out, in the main, the excellent recommendations contained in Gov. Taylor's message.
In reference to the acts of this session, " The Madison Democrat ". said, -
" It has curtailed the current expenses, and has furnished the people some pro- tection against the extortion of grand monopolies. The new party has inaugu- rated an era of retrenchment and reform hitherto unknown in the history of Wisconsin. An enumeration of some of the important bills that passed the Reform assembly, to meet with defeat in the Republican senate, are given. The first Reform measure that was killed by the senate was the Registry Law, that probably would have saved the State at least twenty-five thousand dollars. The Warehouse Bill, that would have saved the farmers of the State one cent a bushel on all the grain they sold, went through the house to meet its fate in the senate. The bill to tax insurance-companies, that would have brought four hundred thou- sand dollars into the State treasury, and relieved the people of that amount of burdensome taxes, was killed in the senate, after passing the assembly by a large majority. The best and most restrictive railroad-bill of the session was adopted by the Reform assembly, as embodying the legislation required on this subject, and was amended in the senate by the adoption of a substitute very mild in its provisions, and more acceptable to railroad monopolies. The assembly passed a bill increasing the license-fee of railroads to five per cent; but the senate reduced the amount to four per cent. The house also proposed a bill abolishing unjust discriminations by railroad companies; but it was either defeated by the senate, or so modified as to destroy its force. And, to close its labors, the senate refused to concur in the bill passed by the assembly to straighten the line of the Central Wisconsin Railroad between Portage City and Stevens Point."
It will be seen by the above, that, in the opinion of the Democratic paper at the seat of government, the senate was to blame for the defeat of many important public measures: on the contrary, "The Madison Journal," the Republican paper at the capital, said, -
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"It is the only assembly that has struck from the statute-book the law making liquor-dealers responsible for all damage caused by whiskey selling, and admitted the principle of making the seller liable, to be correct, and restricted the liability so that it is of next to no value. It is the only assembly that was elected under loud promises of reform, of friendship for the workingmen, and of opposition to monopoly, and then voted down a senate bill to compel railroad-companies to pay for injuries received by workingmen in their employ; and it is the only assembly that disgusted its own leading men by the acts of some of their mem- bers."
Another newspaper remarks, "that, judged as a whole, it has fallen rather below its predecessors in the character of its work. It has not wrought more reforms or important changes in existing laws than its pred- ecessors; and what there has been of real reform is full as much due to the Republican senate as to the Democratic assembly."
It will be seen that the acts of this session, and the disagreements between the two houses on other measures, were not calculated to produce much har- mony; and both parties were more or less dissatisfied with the results of the labors of the session. The legislature passed three hundred and forty-nine laws, fourteen joint resolutions, and twenty-three memorials to Congress. Of the important laws enacted are: an act relating to the government of the Soldiers' Orphans' Home (to provide homes in private families for those of the age of fourteen years); to consolidate and codify the various laws of the State relating to excise, and the sale of intoxicating liquors; to provide for the completion of the improvements about the Capitol Park; to provide for the purchase of paper required for public printing and blank books; to confer corporate powers on the order of the Patrons of Husbandry; an act relating to public printing; an act relating to railroads, express and tele- graph companies in the State (this act fixes the compensation per mile for the transportation of passengers, classifies freights, and fixes definite prices for transportation to places on the line of said roads, also the appointment of railroad commissioners. This was one of the most important of the enactments of the session, and created great interest in all parts of the State); to provide for levying a State tax for 1874 (8287,525 in addition to the amounts authorized to be levied by existing laws); to authorize the enlargement of the Wisconsin Hospital for the Insane, and thirty-five thou- sand dollars appropriated, and to appropriate ninety thousand dollars to the Northern Hospital for the Insane. One of the joint resolutions adopted was for providing biennial sessions of the legislature, and compensation of members.
On the 27th of April, 1874, Alexander Mitchell, president of the Milwau- kee and St. Paul Railroad, and Albert Keep, president of the Chicago and North-western Railroad, wrote to Gov. Taylor that their several corpora- tions would disregard that part of the railway law of Wisconsin. In conse- quence of the refusal of the two companies referred to to conform to the law in reference to prices, &c., the State authorities filed informations against the companies in the Supreme Court, on the 16th of May, charging them with violating laws passed for the regulation of railroads, and asked leave to bring suits for the forfeiture of their charters.
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On hearing and filing the petition of A. Scott Sloan, attorney-general, the Court granted to the attorney-general to bring an action in the nature of a quo warranto in the Supreme Court, in the name of the State of Wisconsin, against the Milwaukee, Chicago, and St. Paul Railroad, for the purpose of vacating the charter, and annulling the existence of said corporation as prayed for in the petition. Similar action was had in reference to the Chi- cago and North-western Railroad Company, the Court giving permission as in the former company.
On the 1st of June, steps were taken by the Chicago and North-western Railroad to enjoin all further proceedings against them by the State author- ities by an appeal to the Federal courts. Papers were served upon the attorney-general and the railroad-commissioners, notifying them that an injunction would be applied for, in the United States District Court for the Western District of Wisconsin, to restrain them from instituting fixed rates to be paid for freight and passengers. The reason given was, that the law leaves only seven per cent of the gross earnings to pay interest and divi- dends, which is not a suitable and reasonable return for capital invested. Mr. Mitchell said "that the board of directors, regarding themselves as trustees of the stockholders and bondholders, believe it to be their duty to disregard so much of the law as attempts to fix an arbitrary rate of compen- sation for freight and passengers." Mr. Keep also says, "that the present law relative to railroads amounted to confiscation, as the working-expenses could scarcely be paid under it." The companies immediately adhered to their former rates. On the 2d of May, Gov. Taylor issued a proclamation, in which he recited the action taken by the two railroad corporations, and said, "The law of the land must be respected and obeyed. While none are so weak as to be without its protection, none are so strong as to be above its restraints," and, closing said, "I therefore enjoin all railroad corpora- tions, 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 co-operation of all good citizens in any proceedings, or any measures taken for the purpose of exe- cuting the act of the last legislature, regulating railroads."
This action was not brought in the name of the railroad company, but in the name of its creditors, who claim that their securities were weakened or destroyed by the law of 1874. On the 4th of June, the case came up in the United States District Court, Judges Drummond and Hopkins presiding. Hon. C. B. Lawrence appeared on the part of the creditors of the Chicago and North-western Railroad Company, and Attorney-General Sloan on the part of the State; and, after discussion, it was decided that the matter should be deferred until the 1st of July. In this case, the governor retained ex-Chief Justice Dixon as associate counsel to assist in the trial of the case with the attorney-general and his assistant, Hon. I. C. Sloan. Judge Dixon had retired from the bench on the 15th of June; and IIon. E. G. Ryan was appointed to fill his place. On the 1st of July, the case was brought
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up in the United States District Court. Judges Davis, Drummond, and Hopkins presided. The case was argued on the part of the bondholders by B. C. Cook, Esq., of Chicago, Hon. C. B. Lawrence, Judge Stoughton of New York; and, on the part of the State, by Hon. L. S. Dixon, followed by I. C. Sloan, Esq. On the 6th, the Court gave their decision, which sustains the validity of the law; holding that it was not repealed by the law of March 12, and that the legislature is absolute arbiter of the question of rates for freights and passengers from point to point within Wisconsin Territory. This is regarded as a judicial concurrence in the general opinion held by the people since the constitution was adopted. The decision, however, was not final. A question was involved regulating the commerce between States; and on that point the Court desired to hear further argument.
The State authorities, on the 8th of July, by Messrs. Sloan and Dixon, filed in the Supreme Court a bill of equity, complaining of the persistent violation of the law of the State regulating railroads, by the Chicago, Mil- waukee, and St. Paul, and the Chicago and North-western Railroads, and a petition that these companies be enjoined by the Court to obey said law so far as it was held valid by the late decision of the United States District . Court. A copy was served on the officers of the railroads in question, who were notified that the attorneys for the State would ask a hearing on a motion for injunction, as above stated, on the 14th of July. On that day the parties, by their attorneys, appeared in court; and, by mutual consent, the hearing of the case was postponed until Aug. 4.
On the 4th of August, the Supreme Court met for a hearing on the appli- cation of the State to enjoin the two railroads before referred to to obey the law of last winter regulating railroads. There was a large array of legal gentlemen of high standing in the profession taking part in the case, including the following counsel : for the State, IIon. I. C. Sloan, assistant attorney-general, Judge L. S. Dixon, and Judge Harlow S. Orton; for the Chicago and North-western Railroad Company, Judge C. B. Lawrence and Hon. B. C. Cook of Chicago, and Ilon. George B. Smith of Madison; for the Chicago, Milwaukee, and St. Paul Railroad Company, Hon. John W. Cary and Judge P. L. Spooner; also, as consulting attorneys in behalf of the railroads, Messrs. J. C. Gregory and F. J. Lamb of Madison, and Col. J. C. Spooner, attorney of West Wisconsin Railroad Company, of Hudson. The cases were argued by the respective counsel, and continued until the 11th of August, at which time the court adjourned until the 25th instant. On the 25th, the court met; but a decision was deferred until the 15th of September, at which time, at the opening of the court, Chief Justice Ryan read the opinion of the court. It fully sustains the law passed by the legislature of 1874, and the right of the State to control corporations. The opinion is a lengthy one. In conclusion, it was announced that the motions of the attorney-general must be granted, and the writs issue as to all the roads of the Chicago and North-western Railway Company, and all the roads of the Chicago, Milwaukee, and St. Paul Railway Company, except the railroad from Milwaukee to Prairie du Chien, built under the terri-
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torial charter of 1847, 1848. The attorney-general was directed to file in these cases, before the writs issue, his official stipulation not to prosecute the defendants as for forfeiture of their charters for any violations of the law of 1874, charged in these informations, before the first day of October next, that time being allowed by the court to the defendants to arrange their rates of toll under the law.
The Republican Conventions of the several congressional districts put in nomination for members of congress Charles G. Williams, L. B. Caswell, HI. S. Magoon, H. Ludington, Hiram Barber, A. M. Kinball, J. M. Rusk, and A. S. McDill. The Liberal Reform and Democratic Conventions nom- inated N. D. Fratt, A. G. Cook, C. F. Thompson, W. P. Lynde, S. D. Burchard, Gabriel Bouck, D. C. Fulton, and George W. Cate.
At the election in November, the following congressmen were elected : C. G. Williams, Republican ; L. B. Caswell, Republican ; H. S. Magoon, Repub- lican; W. P. Lynde, Reform; S. D. Burchard, Reform; A. M. Kimball, Republican ; J. M. Rusk, Republican ; and G. W. Cate, Liberal, - five Republicans, and three Reformers.
At the same election, members of the legislature were elected to make the next session to consist of seventeen Republican and fifteen Liberal senators, and one Independent, and sixty-four Republican members of the assembly, thirty-five Reformers, and one Independent; giving the Republi- cans the majority in both houses.
CHAPTER LXV.
ADMINISTRATION OF GOV. W. R. TAYLOR.
Events of 1875 - Legislation - State Institutions - The Uuited States Senator- ship Contest - Defeat of Carpenter -Triumph of Cameron.
THE twenty-eighth annual session of the State legislature convened on the 13th of January, 1875. Lieut .- Gov. C. D. Parker took his seat as presi- dent of the senate. After the newly-elected members had subscribed and taken the oath of office, that body proceeded to the election of chief clerk. F. A. Dennett received seventeen votes, and George H. King sixteen votes : the former was elected, and O. U. Aken was elected sergeant-at-arms by a similar vote. In the assembly, the oath of office was administered by IIon. A. Scott Sloan, attorney-general of the State; and, after being subscribed to, the assembly proceeded to elect a speaker. Hon. Frederick W. Horn re- ceived sixty-five votes ; T. R. Hudd, thirty-two ; and two scattering. Mr. Horn was elected, and took his seat as speaker. Col. R. M. Strong received sixty-five votes for chief clerk ; and George W. Peck, thirty-four votes. Col. Strong was elected, and J. W. Brackett elected sergeant-at-arms by a simi- lar vote. On the 14th the governor met the legislature in joint convention, and delivered his second annual message. He commenced by saying " that, while our material prosperity has not met our expectations, we suffer 110 financial depression not shared by other States," and very forcibly alluded to the condition of things in Louisiana; and the contrast was drawn between the circumstances under which the legislatures of that State and this were permitted to assemble, organize, and decide upon the election and qualifica- tions of their members. He then referred to the reports from the different State departments. All forms of State taxation had been promptly paid; our State debt, mostly due to the State itself, was insignificant compared with our population and resources; the cause of popular education had rapidly progressed; our charitable and benevolent institutions had been conducted with marked efficiency and economy; the public lands had been carefully protected. He renewed his recommendation of last year on the expediency of changing the time for the collection of taxes, and also of providing either for the collection of taxes semi-annually, or for an occa- sional deposit of surplus funds upon interest.
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The suggestions and recommendations of the governor in regard to our election laws were again referred to, - to the time of closing the polls, to the corrupt use of money in elections, and to the canvassing of votes. He recommended the encouragement of independent military companies, called the attention of the legislature to the propriety of passing some law for the protection of railway employees, and commented upon the benefits that would accrue from favorable legislation in opening communication by rail with Lake Superior on the north, and the coal-fields of the south. He in- vited attention to the progress already made in the geological survey, and to the propriety of further legislation " with a view to a more prompt and complete utilization of the results accomplished." Telegraph and express companies, and the apparent partiality with reference to their taxation, were brought under consideration, and dwelt upon at some length, and such action recommended as should bring these corporations more clearly within the range of public supervision. The public institutions - educational, charitable, and penal - were considered, and many valuable suggestions made. The railroad controversy in general, and the law of 1874, known as the " Potter Law," in particular, received attention; and his views com- mended themselves to the better judgment of all parties.
The first important business of the session was the election of a United States senator to fill the place of Hon. M. HI. Carpenter, whose term of office expires March 4, 1876. Agreeably to the constitutional requirement, each branch of the legislature, on the 26th of January, proceeded to take a vote for senator. In the senate, M. H. Carpenter received thirteen; J. Black, sixteen votes; Orsamus Cole, three votes; and L. S. Dixon, one vote. In the assembly, Mr. Carpenter received forty-six votes; E. S. Bragg, thirty- five votes; C. C. Washburn, seven votes; O. Cole, three votes; L. S. Dixon, four votes; J. T. Lewis, two votes; and one each for H. Rubles and H. S. Orton. On the 27th, the two houses met in joint convention, and the action had by each house was read by the chief clerk. Lieut .- Gov. Parker declared that there was no election. The two houses met daily until the 4th of February, when the twelfth ballot was taken with the following result: Angus Cameron received sixty-eight votes; M. H. Carpenter, fifty-nine votes; and four scattering: whereupon the lieutenant-governor announced the elec- tion of Hon. Angus Cameron as United States senator for six years from March 4, 1875.
The result of this election was caused by the fact that eighteen Repub- lican members of the assembly were pledged to vote against the election of Mr. Carpenter under all circumstances, and refused to meet with the Repub- lican members in caucus to nominate. The Democrat and Liberal Repub- lican not having the power to elect their own candidate, and desirous of securing the defeat of Mr. Carpenter, united with the dissatisfied Repub- licans in electing Mr. Cameron. This arrangement was made by the active efforts of IIon. J. R. Doolittle, who, by his influence with the minority party and the opponents of Mr. Carpenter, succeeded in carrying out the arrange- ment that was consummated.
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Perhaps no business of the legislature for many years created so much interest as this election of United States senator. Mr. Carpenter's friends worked actively, and felt sanguine of his election. He received the caucus nomination of his party, and, according to the ordinary usages of party organizations, should have received the full vote the party could cast on such occasions. The hostility to his re-election was based upon the action of Mr. Carpenter in the United States senate, and his vote on the measures known as the "Credit Mobilier" and "Back Pay" Bills, and his speeches subsequently, vindicating his course in congress. Hon. C. C. Washburn was the opponent of Mr. Carpenter early in the canvass; but it soon became evident he could not be elected, and it was only by the combination before referred to that the election of the latter could have been defeated.
One of the important local measures passed at this session was one to amend the law of 1862 to incorporate the city of Eau Claire; the amend- ment being no more than the famous Dells Bill, which authorized the erection of a dam with separate chute, &c., on the Chippewa River, above Eau Claire. This measure is better known to those familiar with the legis- lation of late years than any other ever presented. It was argued pro and con with great ability, and aroused the intensest feeling at various times, involving those citizens and officials who entertained the kindest regard for the people of Chippewa Falls and Eau Claire, and the whole valley. The bill passed both houses, and was sent to the governor for approval. The legislature adjourned on the 6th of March. It was one of the shortest in the history of the State, and one of the most important, if the magnitude of the interests involved are considered. The session continued fifty-three days, the first half of which was taken up almost exclusively with the senatorial contest; so that nearly all the business was crowded into the last few weeks: as a consequence, some of the legislation has been hasty and ill- considered, and may prove injurious to the best interests of the State.
The following is a statement of the business brought before the legis- lature :-
Senate : petitions, one hundred and sixteen ; resolutions, twenty-six ; joint resolutions, twenty-one ; memorials to Congress, five ; bills, two hun- dred. Assembly : petitions, two hundred and sixty ; resolutions, sixty- seven ; joint resolutions, eighteen ; memorials, eight ; and bills, four hun- dred and thirty-seven. During the last three days of the session, one hundred and sixty-nine bills were disposed of by the Senate, many of them without any reference to committees. This included some very important measures, containing, as it did, the amendments to the railroad or Potter Law of 1874, the Dells Bill, and others relating to the educational and com- mercial interests of the State.
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