, 1873-04-01
upon nll democratic movoments in Europe, md
tint they Rorvo as exccllont arguments against
republican experiments.
JUDGE LAWRENCE AND MIR. PETERS.


JUDGE LAWRENCE AND mr. PETERS.
Ol11cAoo, ILL.,, March 01, 1875
To tho Editor AZ The Chicago Tribune:
Bin: Do YOU not do injnaco to your friends, tho
rasoas, in Your editorial article OF tho 2oth inat cr-
titled Chtof JuBttco Lawrence ~"
I'll tint article you say, "Won tho Tarmcra' Con"
vcntton l'ncta at Princeton, to nto nomination, If
It IN wise 1t will nominate Judge Lawrence for re-
e'cction who haH shown om tho only way in which
tlioy can FREQ themselves from tho oxnciionH Of tho
railroad nonorolios,"
Tho rropoaion Of Judge Lawrence to remit to tho
courts to datornine whether railroad fnroR and dis
criminauona bo reasonable or unreasonable, did not
cmannso from tile Judge. 1o only borrowed tho idea
from the railroads themselves. They frat anggcstod
tht"' which, you aay, "is tho only WAY In which tho
farmers can FREQ themselves from tho e1acttons Of tho
railroad monopoltes.n
In tho brief of DcckY1th Avcr Kn1ea tlo nttornoyn
for tho Chfcago, Alton Il st. Louis Railroad Company,
In their oaRc with tho People, in which said opinion
OF Judge Lawrence WIN rendered, appears tho follow
Ing:
"Tho Judicial Department of tho 0oyernmcntllas tho
eolo authority to determine botwocn tho public and tile
appellant slo Railroad Company what raes nro rea-
eonablo and what unreasonable and what d!scrnt
nations are uAt and what UNJUST" Seq Vol No.
u. chscaao Legal Nees OF Fob. n, 1871, pagc 25B
fyonr editorial OF tho 24th Inst, entitled Railroad
Dihotiminnons," bo true, TINT tho "aaid dcciaon Of
tho Supreme Court Ia not In tue intoreat Of tho rail-
alloled generosity Of suggesting to Judge Lawrence
how the pcopo can defeat tho railroads.
Tho Judge Inns not revealed to tho people tho only
way III which they FREQ hemaclves from the oxhc-
tions Of tho railroad monopocs" bt said rovcationf
It 10 one) was from tho railroads themselves and
Judge Lawrence only adopted tleir revelation second
hand.
II this idea 10 new, you claim, then tho credit
therefor II duo to tho railroads, and not to tho judge
Again: II tho Legislature cannot dotormtne what
rates or determinations just and reasonable, how
can The conrts, a. matter qf iav, 10 dctorlnino?
Havo tho courts greater legislative power ttan tho
Legislature itself7 II Judge Lawronco'a opinion bo
correct thesc Questions arc soley quotations Of fact
and not Of law, and havo 10 10 determined by tho
weight Of toBtiTony in each case, ana neither courts
nor Legislatures can determine, 1nattorB Of iaw,
what fares or determinations reasonable
aonable. Can there DO doubt to who will win-tto
railroads or tho poople-in Ruch trala7 Would tho
railroads havo proposed this method Of determination
If thoy had not known that they could always furnish
Testimony to outweigh that Of the pcop1o7
Tho great nnd undetermined question ia, Arc tho
railroads subordinate to tho Constitution and laws of
tho State, tho Raiuc tho people thereof7 think
they are. Yours, &C., M1LTox r. pE1Eus
ANSWER.
Tho point TINT Mr. Pntors mako8 Is more nice
than wiso. "0ur frionds, tho railroada," as ho
/ cal]s them with charming irony, admitted away
their case IN tho Alton at-if that suit is to bo
takon Us a representative Of tho whole contro-
vorsy now going on. II Mr. Petors is prac-
tising lawyer in this city, he snowa that tho brief
| Of Dcckwith, Ayer d Kalcs in that case ia re-
gardod by other railrond attorneys as continuing
m extremely damaging admission. Probably
| Mossrs. Beckwith, Aver d Kalcs, who aro cer-
tain1y good lawyers, took ground which they
felt suro would win this particular suit, and vol
! thoy might, since tho franchise, tho very
| existence OF tho road depended on it. Tile
penalty, in case tho suit went against them, WAS
| judgment Of oustor,-equiralont to q fine OF
| several millions OF dollars. They wero probably
justified professionally in adopting any liho Of
dofonso which would avort capital punishment.
But TINT is neither horo nor thoro. The quos-
tion is hret, whether tile decision waB good law; i;
md second, whothor it was in the interest of tho
people aa against tho railroads. Upon neither
Of these questions does Mr.. Potora throw auy
| light In his communication. Ho contents HIM
| aolf will, fow irainuationa. which ,1npro-
| fcssional to Bay tho least, againHt Judge
Lawrence, implying that llo had bor-
rowed tho idoa Of tho decision from tho
railroads-as though it wero necessary
/ for the Supreme Court to borrow the com1uoncBt
| principle Of tho law relating to common carriers
from one Of the litigants to the suiti Surprising
| they had borrowed ie What nro counsel en-
I ploycd In lawsuits for if not to collect aud ar
range tho law for the consideration Of the Court?
What ia tho uBe OF hoaring tho arguments Of
counsel II tho Judges aro not at liberty to thor
row" fdeas from thom2 Whnt sort Of courts
has Mr. Potors boen in tho Aabit Of practising
in? But, to suppose 1t necessary for
Judge Lawrence to borrow this par-
tioular opinion from Beckwith, Aver
l. Kalos, is to suppose that llo doesn't read
tho powspapors,- let alone the law-books, for
this worry idea 1yas set forth in a lucid manner
BY Judge Wood, Of Kunkalco only short time
ago, in m opinion which was extonsiyely pub
lished and circulated. UT this idoa be now, as
you claim" says Mr. Peters, with insinuating
adroitness, "thon the credit therefor is duo to
the railroads, mud not to tho Judge" Wo have
claimed nothing OF tho kind. On tho contrary,
ne claimed that tho idea WIS aa old ~ the conl-
mon carrier hi1nsolf-tl,at It datos from q romoto
antiquity, and TINT it las been affirmed many
times before 1t was roaflrmed in this decision.
| II Mr.. Peters is candidate for Judge Law
rcnce's placo, lo has furnished abundant reasous
Why he should not 10 voted for by lawyers. We
think the farmers will find equally good reasona
for Withholding their votes from him, or any ono
of his kind, before the election takos place.
! The estate Grange" as We aro advised, hayo
approved tho decision Of tho Court in tho
Alton case. They aro not nearly 80 nervous
about it Us Alr. Peters Ia.
EH.....sa...s....
THE CUBAN REBELLION.
All reports from Cuba agroo TINT tha Spanish
forcos aro no nearer to tho suppression of tho
rebellion In that unfortunate is1and than they
wore four or tiyo years ago, whom it first broke