Monroe County, Wisconsin - Chapter 9: The West Avisconsin Railroad, 1912

Closely connected with the history of the village, now the city of Tomah, was the construction of Avhat was known as the West AVisconsin railroad, from Tomah to Black River Falls. There Avas considerable agitation with regard to the building of this road among the citizens of both places, and in view of the advantages for transportation purposes, the two communities subscribed for a large amount of stock in order that the road might be built.

Accordingly the movement was set on foot to take advantage of national aid by the granting of lands in this state to assist in the construction of railroads. An act of Congress passed the 5th day of jMay, 1864, among other things made a special grant of certain lands in this state for the construction of a railroad from Tomah, in the county of ]\lonroe, to the St. Croix river or lake between townships twenty-five and thirty-one. and from thence to Lake Superior and Bayfield. To digress a moment, the construction of this road as contemplated, if it had been completed clear through to Bayfield and in operation today, undoubtedly would have had a great influence upon the past history of not only the city of Tomah, but the city of Black River Falls, for it would run through a rich country.

On March 20, 1865. the legislature of this state by a joint resolution accepted the grant as provided in this act of congress. Previous to this a railroad company had been incorporated by an act of the legislature, approved April 1, 1863, and was originally known as the "Tomah and St. Croix Railway Company." It was granted the right to build a road from Tomah in the county of Monroe, or on the right of way of the ^Milwaukee and LaCrosse Railway Company, or any other railroad running out of Tomah by way of Black River Falls, and from there by the most feasible route to such point on Lake St. Croix, between townships twentyfive and thirty-one, as the directors should determine. Tliis act was called "an act of incorporators, the Tomah and Lake St. Croix Railroad Company," and to repeal and annul a portion of

Th(^ list of the incorporators of tliis railroad here given contains Ihe names of a numher of men who afterwards attained l)i'ominence in the state of Wisconsin. Here tliey are: William AVilson and William Carson, of Dnnn county; Joseph Th()ri)e and 1\. F. Wilson, of Fau Claire county; Andrew S. Greg and H. S. Allen, of Chippewa county; A. Gaylord, of Polk ((ninty ; N. S. Dunbar and Charles H. Cox, of Pierce e(»iiiil\ ; 11. L. lluiiii)lii'ey, of St. Croix ; Miles D. Pvindle, of Pepin county: George .M. (iilkey, of Hutfalo county; R. C. Field, of Trenii)eleau ; Carl C. Pope and AVilliam T. Price, of Jackson county; Rich'ard Dewhurst. of Clark county, and C. D. Spaulding. of Monroe county.

Afterwards, and on the 6th day of April, 186(i, the name of the company was changed to that of the West AVisconsin Railway Compan.y, and the construction of the road Avas commenceil. The lirst strip of it between Tomah and P>lack River Falls was built in the suiiinier of 1868. and train service was started regularly l)etween Tomah and Black Hiver Falls, wliieli continued up until Novend)er, 1873, at Avhicli time ti-onble ai-ose between the company and the town of Tomah irom tin tact that the company claimed that the town had not kei)t its conti'act with regard to the sul)scription of stock, and threatened to tear up the line from "Warren's ]\Iills to Tomah and thus cut the village ott' from Jackson county. This threat Avas finally put into execution and the iMiiiipany sent a crew oi' men doAvn to that end of the line, and on the last Sunday of November. 1872, they tore u\) the track betwiHMi Tomah and AVarren's ]\lills. It was only accomplished after strong resistance l)y the citizens of the village and the excitement ran liigh at the time. During the same year, 1872, the company constructed a track tlu'ough Warren's Alills to Fli-oy, nuiking a junction at the latter ])lace with the Chicago anil Northwestern Railway Company, and by this means, as Avell as by the tearing up of the track from Tomah to Warren's Mills, gi-eat in.jm-y was inflicted upon the business interests of Tomah and the citizens were vei-y indignant and did not pi'opose to tamel\- submit to such high-handed lu'ocedure. .Vccoi'dingly. on the 2!)th of January, 187o, a bill was introduced in the legislature by the Hon. A. E. Bleekman. then the membei- of the assem])ly from Alonroe county, entitled "a bill i-e(piiring the "West "Wisconsin iiailroad Company to relay, maintain and operate its road from Tonudi to "Warren's Alills in .Monroe county." The bill Avas referred to the judiciary committee, Avhich reported it back again with amendments and recommended its passage, and after a warm fight in tlie h'gislature it passed both houses and was approved by the governor February 18, 1873. The company, however, defied this act of the legislature, refused to comply with it in any manner, under the claim that, the act was uneonstitutional. and thus began, perhaps, the first chapter in the history of railroad legislation in the state of Wisconsin regarding the acts of such corporations.

The fact that the company failed to comply witJi tins law compelled the citizens of Tomali to go to the courts, and accordingly upon an application made to the supreme court and on the 29th day of August, 1873, leave was granted to commence action against the company, and the attorney-general instituted proceedings in file nature of quo warranto, to have declared forfeited the defendant's charter, and asked that the company be dissolved under the act of February 13, 1873, above mentioned. The company in its answer to this writ claimed that the act Avas unconstitutional and nugatory, and demurred to the complaint on the following grounds : First, that the court had not jurisdiction of the subject matter. Second, that the complaint did not state facts sufficient to entitle the plaintiff to the relief demanded herein, or to any relief.

This action was brought to hearing upon th(» demurrer at the January, 1874. term of the supreme court, and the demurrer was overruled. The defendant company then answered and the village in turn demurrcHl to the answer set up by the company on the ground that it did not state facts sufficient to constitute a defense. AYhen the matter came up for hearing the court held that the company, in discontinuing the road and taking up the track from Warren's Alills to Tomah, violated the provisions of its charter and its duty to the state under its charter; and that the railroad company Avas required by chapter thirty-one of the laws of 1873, being the act of February 13th, to relay and operate that part of the road which it had originally received a charter to ])uild, and was bound to maintain it ; namely, that portion of the line which they hnd, as has been stated, torn up between Tomah and AVarren's Alills. The court entered an order, sustained the demurrer to the company's answer with leave to the company to amend !>>' the first day of the next term.

This decision of the court was a body blow to the claim of the company, and in order to save further litigation a proposition Avas made to the village of Tomah to settle the case by a payment of a sum of money. A meeting of the citizens Avas called and the matter eonsidered, and after one oi- two stormy sessions the proposition of the company lo i);i\' $l(),0()(i in consideration of the droi)pin!y: of ;ill litigations Avas tinally aeeepted, and this ended tile matter. By an act of tiie legislature Fel)ruary i:]. 1876, the act of February 13, 1878, Avas repealed and the building of the line from AVarren's ]\Iills to Elroy whs legalized. The UKMuber of the assembly from Tomab ;it Hiis lime was ("liarles D. Wells. Portions of tlie old road betl fruiu Tomali to AVarren's IMills may still be seen, mute monuments of those stirring times which lead not only to ])hysical violence, but costly litigation on tlie part of this little community to maintain its rights against a corporation.