New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-09-19
TIE GREAT CREDIT MOBIL1ER SUIT.

OPENING OF THE CAsE AT INSTRUMENTATION
ARGUMENT ON THE QUESTION OF JURISDICTION.
lFRoN THE SPECIAL CORRESPONDENT OF TUE TRIBUSEl
HARTFORD, Sept. 1S.-The Circuit Court of
the United States this Circuit. Judges Hunt and
shpmsn presiding. resumed consideration Of the case
Of the United States against the Pacific Railroad Com
pany and Others this morning The Importance OF TINS
SUIT aud the distinguished counsel engaged IN
1t attracted considerable audience of specta
tors. among whom many lawyers, TO tne
Senate Chamber, which has been eonvereu
into temporary courtroom. The issue discussed 10
day raised by the plea of the defendants TO 'he
jurisdiction OF the Court, denying the consuuuonan9
the Of Congress which provides Tor the Ia' Vi
this before Circuit Court. Messrs Perry Ashton
and Jenckes present Cor the Government anu AZ
torney General Williams is expected this afternoon MI
Eyarts and Sidney Bartlett in the absence OF Mr. cur
It's who will also be present later in the day, appeared
Tor the defendants
A. the call OF the case at 10 Mr. Ashton asked LOT
All adjournment until $780, to await the arrival OF Gen
Williams aud Mr.. Curtis but suggested that the ooul'
should define exact question at issue ana lay uo"
the order OF proceeding. This suggestion aroused SOME
little discussion among the opposing counsel as 10 inc
MONT At ISSUE but the question soon decided by tne
Court and the motion to dismiss declared to be the
ssue which should be first argued. Judge Hunt at the
same time warned the counsel of both parties that all
ARGUMENTS must be made during the present ana follow
ing day.
Motion was made by C. T. Gross in behalf OF Henry IT,
Crane 10 continue his until the next term on
account OF his unavoidable absence from the country
Similar motions were made by several other defendants
Int were al withdrawn owing the ruling OF the Court
that all who had fled motion, whether they appeared
or not should be bound by the general result
AT this point Rowland G. Hazard, whose name ap
peas quite frequently in the BILL asked to be heard In
behalf OF himself members Of his family, defendants
in bo1a Ia
request was allowed, and he ordered TO proceed
with his defense He occupied about half an hour IN
reading an argument, written in a somewhat AMBITIOUS
STYLE denying that power given to Congress by the
Constitution to make such q law as the one
under discussion. The convenience OF inns
law he argued, for this particular case
could not be doubted the attempt Of Congress to
order defendants from State 70 appear for tla IN
any other state was Illegal unjust, and should not be
sustained He begged that il there was any doubt IN
the minds Of the Judges TO the consttutonalty OF
the act their decision might be gwen in favor OF the
people rather than the Government, and that they
might allow the case TO be taken immediately to wash
ington thereby preventing the necessity OF an appeal
AT the conclusion OF Mr.. Hazards argument, which
was listened 10 with attention. the Court granted the
request OF Mr. Ashton. and ordered recess unth q
O'Clock this afternoon to await the arrival of Mr. Curtis
who will make the opening argument for the defense
AFTERNOON SESSION.
The Attorney General and MT Curtis having arrived
the court resumed its session at y O'Clock MI EVarts
opened for the defense imam exceedingly able argument
occupying nearly two in delivery. While conin-
ing himself strictly TO the legal aspects OF the case ne
clothed his argument in such eloquent and Impressive
language that he was listened to with rapt
attention throughout by the large BODY OF
spectators He referred, repeatedly, TO the Con-
stitution a the United States, and Of individual
States in support Of his views and created very strong
Impression Mr. Ashton replied TO Mr. Evarts his prln-
cipal point being that the power of Congress to consul
tue ordain tribunals necessarily includes the power
20 declare the extent Of their authority. Mr. Perry
followed Mr. Ashton for the Government. His argu-
mcnt was very general in its character and
was devoted TO question Of fact the declarations IN
the bill. The Government presented very weak case
this afternoon. and unless very much stronger pre-
sentaton Of their claims is made tomorrow the decision
OF the Court cannot be matter Of doubt Six O'Clock
having arrived before the conclusion Of Mr. Perrys
argument the adjourned until tomorrow morning