President Porter to Commissioner Hoyt, in reply. OFFICE OF WEST WISCONSIN R. R. Co., CHICAGO, December 24, 1875. DEAR SIR: I have just returned from the east, and find your favor of the 17th, inst. To your inquiries 1 and 2, 1 am informed Mr. Keep has replied, as they relate to Chicago and Northwestern matters. In answer to your third question, I beg to say, that when I could personally meet customers of the West Wisconsin Railway, and explain to them our situation, they were inclined to acquiesce in the charges made. * * * * * I am receiving no complaints now, and matters seem to work quietly. But the earnings of the West Wisconsin Railway Company, unless improved by increased rates, cannot keep the road alive, andit will deteriorate and go out of existence. Yours truly, J. W. HOYT, Commissioner. H. H. PORTER, President. APPENDIX "A." RAILROAD LAWS OF 1874-1875. CHAPTER 273-LAWS OF 1874. [The "Potter-Law."] AN ACT relating to railroads, express and telegraph companies in the state of Wisconsin. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows: SECTION 1. All railroads in the State of Wisconsin are hereby divided into three classes, to be known as Class A, Class B, and Class C. Class A shall include all railroads or parts of railroads in the State of Wisconsin now owned, operated, managed, or leased either by the Milwaukee and St. Paul Railway Company, the Chicago and Northwestern Railway Company, or the Western Union Railway Company. Class B shall include all railroads or parts of railroads owned, operated, managed or leased by the Wisconsin Central Railway Company, the Green Bay and Minnesota Railway Company, or the West Wisconsin Railway Company. Class C shall include all other railroads or parts of railroads in said State. SECTION 2. Any individual, company, or corporation owning. operating, managing or leasing any railroad or part of a railroad in the several classifications as herein prescribed, shall be limited to a compensation per mile for the transportation of any person with ordinary baggage, not exceeding one hundred pounds in weight, as follows: Class A, three cents; Class B, three and onehalf cents; Class C, four cents; provided, that no such individual, company, or corporation shall charge, demand or receive any greater compensation per mile for the transportation of children of the age of twelve years or under than one-half of the rate above prescribed; and provided further, that the rates for transportation herein prescribed may be reduced as hereinafter provided. SECTION 3. All freights hereafter transported upon any railroad or part of a railroad in this State are hereby divided into four general (Doc. 15.) 1 R R C-APP classes, to be designated as first, second, third and fourth classes, and into seven special classes, to be designated as Class D, E, F, G, H, I, and J. Class D shall comprise all grain in car-loads; Class E shall comprise flour in lots of fifty barrels or more, and lime in lots of twenty-four barrels or more; Class F shall comprise salt in lots of sixty barrels or more, and cement, water-lime, and stucco in lots of twenty-four barrels or more; Class G shall comprise lumber, lath and shingles in car-loads; Class H shall comprise live-stock in carloads; Class I shall comprise agricultural implements, furniture, and wagons; Class J shall comprise coal, brick, sand, stone, and heavy fourth-class articles in car-loads; and in addition to the several articles in the said special classes, shall be added other articles as, and in the manner hereinafter prescribed, except into classes D, E, G, and H; and all articles not above enumerated are [or] subsequently set into said classes as hereinafter provided, shall be placed in and belong to the four general classes, to be classified by the railroad commissioners hereinafter provided to be appointed, as said articles were classified by the Milwaukee and St. Paul Railway, which classification went into effect on the 15th day of June, 1872. SECTION 4. No individual, company, or corporation, owning, operating, managing, or leasing any railroad or part of a railroad designated in section one as class A or B, shall charge for or receive a greater or higher rate for carrying articles named in the several special classes herein designated than is hereinafter provided, namely: class D, not exceeding six cents per 100 lbs. for the first twenty-five miles, and not exceeding four cents per 100 lbs. for the second twenty-five miles, and not exceeding two cents per 100 lbs. for each additional twenty-five miles, or fractional part thereof, unless the fraction shall be less than thirteen miles, in which case the rate shall be one cent for said fractional part, unless the whole distance be over two hundred miles, when no greater rate than one-half per cent. per 100 lbs. shall be received for such twentyfive miles over said first-mentioned distance. Class E, not exceeding twelve cents per barrel for the first twenty-five miles, and not exceeding eight cents per barrel for the second twenty-five miles, and not exceeding four cents for each additional twenty-five miles or fractional part thereof, unless the fraction be less than thirteen miles, in which case the route [rate] shall not exceed two cents per barrel for said fractional part, unless the whole distance be over two hundred miles, when no greater rate than one cent per barrel shall be charged for such additional twenty-five miles, over said two hundred miles. Class F, not exceeding fifteen cents per barrel for the first twenty-five miles, and not exceeding six cents per barrel for the second twenty-five miles, and not exceeding three and one-half cents per barrel for each additional twenty-five miles or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed one and one-half cents per bairel for said fractional part. Class G, not exceeding eight dollars per car-load for the first twenty-five miles, and not exceeding five dollars per car-load for the second twenty-five miles, and not exceeding two dollars per car-load for each additional twenty-five miles or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed one and onehalf dollars per car-load for such fractional part. Class H, not exceeding ten dollars per car-load for the first twenty-five miles, and not exceeding seven dollars per car-load for the second twentyfive miles, and four dollars per car-load for each additional twentyfive miles or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed two dollars per car-load for such fractional part. Class I, not exceeding eleven dollars per car-load for the first twenty-five miles, and not exceeding six dollars per car-load for the second twenty-five miles, and not exceeding thsee dollars per car-load for each additional twenty-five miles or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed one dollar and fifty cents per car-load for such fractional part. Class J, not exceeding eight dollars per car-load for the first twenty-five miles, and not exceeding six dollars per car-load for the second twentyfive miles, and not exceeding two and one-half dollars per car-load for each additional twenty-five miles or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed one dollar per car-load for such fractional part. SECTION 5. No individual, company, or corporation, owning, operating, managing, or leasing any railroad mentioned in classes A and B, in the first section of this act, shall receive a greater or higher rate for carrying any freight under the four general classes named in the third section of this act, than was charged for carrying freights in said four general classes on said railroad on the first day of June, 1873; and no individual, company, or corporation owning, operating, managing, or leasing any railroad mentioned in class C, in the first section of this act, shall receive a greater or higher rate for carrying freight than was received by said individual, company, or corporation for carrying such freight on the first day of June, 1873. In computing the rates for carrying any freights according to the provisions of this act, the distance for carrying such freight shall be computed from where it is received, notwithstanding it may pass from one railroad to another. SECTION 6. In no instance shall any such individual, company, or corporation, lessee, or other person charge or receive any greater rate of compensation for carrying freight or passengers than hereinbefore provided, and any individual, company, or corporation violating, or in any way evading the provisions of this act shall forfeit all right to recover or receive any compensation whatever for the service rendered wherein such violation is attempted, and every agent of any such corporation, lessee, or other individual operating any railroad within this state who shall refuse to receive for transportation over the road for which he is agent, in the usual way, any of the articles herein before mentioned on account of the compensation herein before prescribed being too low, or receiving any such articles of freight, shall charge or attempt to charge for the transportation of the same, any greater sum than herein fixed, or shall in any manner violate or attempt to violate or evade the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of not exceeding two hundred dollars for each and every offense, and the injured party shall have a right of action against said agent, or against the railroad company or other persons operating the railroad, or both, in which he shall be entitled to recover three times the amount taken or received from him in excess of the rates prescribed by this act. SECTION 7. Justices of the peace shall have concurrent jurisdiction with the circuit court in all prosecutions for violations of this act, with full power and authority to impose fines, and to the same extent as the circuit court, and the defendant shall have the right of appeal as in other cases tried before justices of the peace, and justices of the peace shall also have jurisdiction in all civil cases under this act whenever the amount claimed does not exceed two hundred dollars. SECTION 8. The governor shall, on or before the first day of May, 1874, by and with the consent of the senate, appoint three railroad commissioners, one for a term of one year, one for a term of two years, and one for a term of three years, whose term of office shall commence on the first day of May, and shall each year thereafter, on the first day of May, appoint one railroad commissioner for the term of three years, said railroad commissioners to be confirmed by the senate next convening after said appointment; but no person owning any bonds, stock, or property in any railroad, or in the employ of any railroad company, or in any way or manner interested in railroads, shall be so appointed. SECTION 9. Said railroad commissioners shall have power to administer oaths or affirmations, to send for persons or papers under such regulations as they may prescribe, and shall at any and all times have access to any and all books and papers in any railroad office kept for and used in any railroad office by any railroad company in this state. SECTION 10. Said railroad commissioners, in making any examination as contemplated in this act, for the purpose of obtaining information pursuant to this act, shall have power to issue subpoenas for the attendance of witnesses by such rules as they may prescribe. In case any person shall willfully fail or refuse to obey such subpoena, it shall be the duty of the circuit court of any county, upon the application of the said commissioners to issue an attachment for such witness and compel such witness to attend before the commissioners and give his testimony upon such matters as shall be lawfully required by such commissioners, and said court shall have power to punish for contempt as in other cases of refusal to obey the process and order of such court. SECTION 11. Any person who shall willfully neglect or refuse to obey the process of subpoena issued by said commissioners, and appear and testify as therein required, shall be deemed guilty of a misdemeanor and shall be liable to arraignment and tried [trial] in any court of competent jurisdiction, and on conviction thereof shall be punished for such offense by fine not less than fifty dollars nor more than five hundred dollars, or by imprisonment of not more |