ted, and no penalty, forfeiture, or damages received [incurred] or sustained, and no action or right of action which has already accrued, shall be affected by the provisions or this act; and no prosecution for any offense, or the recovery of any penalty, forfeiture, or damages, or the enforcement of any right now pending, shall be affected by the provisions of this act; but the same shall proceed to trial, hearing, and final judgment in the same manner and to the same purpose and effect as though the statute upon which the same is or shall be founded was contained [continued] in full force, virtue, and effect to the time of such trial, hearing, and final judgment.

Approved March 5, 1875.

RESOLUTIONS AND MEMORIALS OF 1875 CONCERNING

RAILWAYS.

No. 1.

MEMORIAL to Congress that the line of the Land Grant road between Portage City and Stevens Point be changed to most direct feasible route.

The Memorial of the Legislature of the State of Wisconsin respectfully represents:

That by an act of congress entitled, "An act granting lands to aid in the construction of certain railroads in the State of Wisconsin," approved May 5, 1864, certain lands were granted to the State of Wisconsin for the purpose of aiding in the construction of a railroad from Portage City, Berlin, Doty's Island or Fond du Lac, as said State might determine, in a northwestern direction to Bayfield, and thence to Superior, on Lake Superior; that the Legislature of the State of Wisconsin, to provide for the execution of the trust imposed upon the State by the said act of Congress in respect to the lands thereby granted, fixed upon the city of Portage as the point of commencement, and provided that the road should be built via. Ripon, in the county of Fond du Lac, and Berlin in the county of Green Lake. That the Congress of the United States by its joint resolution, approved 1866, consenting to the change of route of said railroad, and provided that it should be built on the line specified in the act of the Legislature. That the line so provided for is more than thirty miles out of a direct line between the points named; that the Wisconsin Central Railroad Company, upon which company the grant was conferred, has constructed about one hundred and forty miles of said road, between Stevens Point and Ashland; that it finds itself embarrassed to procure means for building the circuitous route via Ripon, etc., and is desirous of straighttening the line, and building the road in the manner authorized by

the original act of Congress. And your memorialist would further represent, that the interests of the people of Wisconsin and of the railroad company would both be promoted in a great degree by authorizing the railroad company to build its road on the direct route between said city of Portage and Lake Superior, thereby saving more than thirty miles in the distance, and greatly decreasing the cost of transportation of the products of the mine and forest to a market south, and of the products of the farmers to a northern market.

Your memorialists, therefore, respectfully pray that the Congress of the United States, by resolution, or the proper act, to be speedily passed, may give its assent to changing the line of said road between the city of Portage and Lake Superior, so that it may be built on a shorter and more feasible route, and in the manner authorized by the original act of Congress, and upon such terms and under such restrictions as are imposed, or may be imposed by the Legislature, not inconsistent with the act of Congress in making the grant for such road.

Approved February 12, 1875.

No. 2.

JOINT RESOLUTION asking Congress to straighten line of land grant road between Portage City and Stevens Point.

WHEREAS, The people of the State of Wisconsin, represented in Senate and Assembly, have passed an act to change the line of the land grant road between Portage City and Lake Superior, provided for by the act of Congress, approved June 3, 1865, and the laws of the State of Wisconsin, accepting the grant, and agreeing to execute the trust, so as to allow the said road to be built between the city of Portage and Stevens Point on the most direct feasible. route; therefore,

Resolved by the Senate, the Assembly concurring, That our Senatoys and Representatives in Congress are hereby requested to secure the passage by Congress, at the earliest practicable moment, of a joint resolution or law giving its assent to said change of route.

Approved February 12, 1875.

No. 3.

JOINT RESOLUTION requesting an extension of time for the construction of the railroad from Lake St. Croix to Superior and Bayfield.

WHEREAS, Congress, by an act approved June 3, 1856, made to the State of Wisconsin a grant of lands to aid in the construction of a railroad from Madison or Colmmbus by way of Portage City, to

the Lake or River St. Croix, and from thence to the west end of Lake Superior and Bayfield, which grant was accepted by said State; and

WHEREAS, The said State prior to 1864, secured the construction of a portion of said road and made provisions for the construction of the remainder; and

WHEREAS, Congress, by act approved May 5, 1864, made to said State an additional grant of four sections of land per mile, to aid in the construction of the portion of said road from Tomah to Lake Superior, which additional grant was also duly accepted; and WHEREAS. The time for the construction of the portion of the road between Tomah and Lake St. Croix, was in 1868 extended by resolution of Congress to May 5, 1872, which portion of said road was completed within said extended time, making at least twothirds of the entire road in aid of which said grant was made; and WHEREAS, The state made strenous efforts to secure the completion of the portion of said road between Lake St. Croix and Lake Superior before the expiration of the time limited by Congress, to-wit: May 5, 1869, but without success; and WHEREAS, After the decision of Associate Justice Miller, and Circuit Judge Dillon, that notwithstanding the failure to complete said road within the time limited, the legal title to said lands remained in the State of Wisconsin, and could not be divested save by act of Congress, or judicial proceedings in behalf of the United States, the State of Wisconsin, in the full faith that the Federal Government would not seek the divesture of the title to the remaining portion of the grant after the State had so far in good faith executed the trust, conferred the grant upon railway companies under heavy bonds to complete the road if the time was extended by Congress, under which legislation of the State over forty miles of said road have been constructed; and

WHEREAS, The Supreme Court of the United States has recently affirmed the decision of Judges Miller and Dillon, holding the legal title to said lands to be in the State of Wisconsin, subject to divesture only by legislative action or judicial proceedings; and WHEREAS, It would be repugnant to every principle of justice for the Federal Government to take away either by act of Congress or otherwise, the legal title to these lands, thereby denying to the State the opportunity to complete the execution of her trust, and to secure the construction of the remainder of this road, needed for manifold reasons; and

WHEREAS, Justice to the thousands of settlers who have paid the United States donble the minimum price for the even numbered sections within said grant, because of the anticipated construction of said railroad, imperatively demands the completion thereof; and

WHEREAS, It is deemed by the Legislature of Wisconsin absolutely essential to the commercial interests of this and several other States, that this road should be speedily completed, affording thereby a great through competing line to the lake, promoting the cause of cheap transportation; and

WHEREAS, It is obviously impossible for the railway companies selected by the State to complete this road, to negotiate their securities based upon a land grant which might be revoked by legislative action or perfected by judicial proceedings in behalf of the United States; and

WHEREAS, If a reasonable extension is granted, the State of Wisconsin pledges her faith to secure the completion of said road, which, when completed, is a post-road of the United States for the transportation of troops and property free of charge; Now, therefore, be it

Resolved by the Assembly, the Senate concurring, That the House of Represenatives is most earnestly requested to pass, at the present session, the Senate bill now pending in said House, extending the time for the completion of said road from Lake St. Croix to Superior and Bayfield.

Resolved, That the Senators and Representatives of this state be, and they are hereby requested to urge, and secure, if possible, the passage of said bill before the end of the present session.

Resolved, That the Governor is hereby requested to transmit immediately a copy hereof to the Speaker of the House of Representatives, with the request that it be laid before said House. Also, a copy to each of our Senators and Representatives in Congress.

Approved February 19, 1875.

3 RRC APP

(Doc. 15.)

APPENDIX "B."

LEGAL PROCEEDINGS.

IN THE SUPREME COURT OF WISCONSIN.

THE ATTORNEY GENERAL VS. THE WEST WISCONSIN RAILWAY COMPANY.

[Reprinted from advance sheets of Wis. Reports, Vol. XXVI, by permission of the Reporter.]

RAILROADS: CHARTER. (1-3) Charter of defendant company construed, as to location of southern terminus. (4) Power given by its charter to change location of roud does not include power to change termini. (5) Effect of act authorizing extension of road. (6) Power to change termini under general railroad law, considered. (7,8) Charter a contract with State; duty of company to maintain and operate its road. Ch. 31 of 1873. (9) Forfeiture of charter by breach of duty.

1. Under chapter 243, Laws of 1863, the defendent company was chartered as the "Tomah & Lake St. Croix Railroad Company, to build a road between the two terminal points named in said title, being a part of the land-grant road originally located by the La Crosse & Milwaukee R. R. Co.; and so much of the land grant as was applicable to the construction of such road from Tomah to Lake St Croix, was resumed by the legislature from the La Crosse & Milwaukee Company, and bestowed upon defendant; and the road which defendant was to build is several times designated in sec. 14 of said charter, as a road from Tomah to Lake St. Croix. By the terms of sec. 5, defendant was authorized to locate, construct and operate a railroad" from such point as the directors should determine in the town of Tomah, in the county of Monroe, or on the track of the Milwaukee & La Crosse Railroad, or of any other railway running out of Tomah," to a point on Lake St. Croix. Held, (1) That if the language of sec. 5 as to the southern terminus of the road be construed literally, there is a positive contradiction between it and sec. 14.

(2) That in view of the whole tenor of the act, the first "or" in sec. 5 must be construed as having a copulative and not a disjunctive force; and as requiring the southern terminus of defendant's road to be in town of Tomah, and on the track of some other railroad running out of that town.