In re Attorney Gen.

• Decision Date: 25 January 1902
• Parties: IN RE ATTORNEY GENERAL.
• Court: Wisconsin Supreme Court

113 Wis. 623

88 N.W. 912

IN RE ATTORNEY GENERAL.

Supreme Court of Wisconsin.

Jan. 25, 1902.

Application by E. R. Hicks, as attorney general, for leave to commence an action by information in equity on behalf of the state against Albert C. Frost, as receiver of the Washburn, Bayfield & Iron River Railway Company. Granted.E. R. Hicks, Atty. Gen., A. W. McLeod, Dist. Atty., and H. H. Hayden (H. B. Walmsley, of counsel), for petitioner.

Charles B. Wood and Horace S. Okley, for respondent.

WINSLOW, J.

Application has been made to this court by the attorney general for leave to bring an action in equity in this court on behalf of the state for the purpose of perpetually enjoining Albert C. Frost, as receiver of the Washburn, Bayfield & Iron River Railway Company, from ceasing to operate said railroad, and from tearing up and destroying the roadbed thereof. At the time of making such application the attorney general presented to the court his proposed complaint or information, together with a considerable number of affidavits substantiating its averments of fact, from all of which it appears that the Washburn, Bayfield & Iron River Railway Company is a railroad corporation organized under the laws of this state, and that prior to June, 1898, it constructed a freight and passenger railway about 35 miles in length, wholly within the limits of Bayfield county, and operated the same for some time as a common carrier; that said railway was mortgaged to secure bonds amounting to $237,000, and that an action for the foreclosure of said mortgage was afterwards begun by the trustees named therein in the circuit court of the United States for the Western district of Wisconsin, in which action defendant was appointed receiver, and a decree of foreclosure was rendered July 5, 1901, which directed that the receiver, who was thereby appointed a special master in chancery for the purpose, make sale of the main line, as an entirety, at a price not less than $225,000, which sum was on July 23, 1901, changed by modification of the decree to $275,000; that the receiver, in his capacity as special master aforesaid, offered the property for sale at said sum of $275,000, but received no bids, and so reported to the United States court aforesaid, and on October 12, 1901, that court modified the judgment so as to direct the said Frost, as special master aforesaid, to tear up the rails and sell the same for whatever he could get; and that the receiver is about to...