Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1874-07-23
TIE State Railroad Injunction Case.
Prom III. Madison Journal July Ii ]

In the Supreme Court this morning
Assistant Attorney General 1. Y.
Sloan stated that he had served no
tice on the Chicago, Milwaukee and
St. Paul and Chicago and Northwest
ern Railroad Companies, that he
should apply to the Supreme Court
for an injunction restraining them
from violating the law regulating
railroads and he appeared before the
Court in pursuance of that notice, but
was informed that the attorneys OF the
railroads desired some delay.
Mr.. S. u. Pinney appeared on be-
half of the ST. Paul Company and
said that ihere had as yet been no
time to prepare an argument against
the Attorney Generals application.
He had been informed by Hon J. W.
Cary. the General Solicitor of the st.
Paul company, that considerable time
would be needed to prepare defense
against the application and proofs to
sustain the ayerments which would be
made in argument. The cause was
very important one, ana it was lmpor-
tant that it should be fully presented.
In view of the great questions at issue,
he thought it would require about
tour weeks for those he represented
to get ready for the trial.
Mr.. Sloan thought that was an I'M
reasonable delay, in view of the facts
that the law which the companies had
been violating had been public stat
| ute for two months and a half; that
the Solicitor of the Company in whose
behalf Mr. Pinney spoke, had present
ed an elaborate printed argument in
the case of the injunction lately ap
piled for 10 the Federal court and in
which nearly all the questions involved
were discussed at length. This was
no new question just sprung, as to
whether these corporations should
obey the law of the state, and he
thought week or ten days would be
time enough to prepare to meet the IS
sue.
Mr. Ri ney said the company desr
ed time u prepare proofs affecting the
question whether the company could
run their roads under the law in ques
ton without ruinous loss, for argument
on other questions than those raised
IN the Federal court, and the matter
proposed 70 be submitted could moi
even be printed in or days. He
did not see that any one would be
particularly injured by the delay MOI
any need Of pushing the railroads &c
the wall. He hoped reasonable time
would be granted. Indeed, he had
hoped in view of the suggestions oil
the U. S. Court and an appeal to the
u. 5. Supreme Court, liz case invol-
wing the validity Of this law, no such
step as this would have been deemed
necessary.
Hon. Geo. B. Smith appeared in be
half of Hon. B G. Cook, Solicitor Of
the Chicago and Northwestern rail
road, who was sick and unable to be
here and had not been able to do any.
thing in regard to the case, which III
volved such important issues the ar
gument on which cannot be stated sc
briefly and tartly as the Attorney-Gen-
eral suggested. 1t was a question
whether the railroad could obey the
law and live. He did not think the
people of the State desired to force
the railroads to cease running at all
A weeks time would be equivalent to
no time at all for preparation and two
or three would be the least that would
be of service. The public interest
does not require such lightning speed
and he thought four weeks was not
an unreasonable time, in view of 9th
er engagements of counsel and other
matters claiming attentions
In answer to the question of CHIEF
Justice Ryan, Mr.. Plnney said he I'M
derstood the cases of the two roads
would be argued together, and protes
ted that he did not seek delay for de
lays sake.
The argument between the counsel
continued for some time in support OF
the point stated above. Mr.. Sloan
thought the suggestion Of undue zeal
in this action rather ungracious, in
view of the fact that, after patiently
waiting for compliance with law OF
the state, it was now only sought to
require them to comply with what, at
ter elaborate argument had been de
cided valid by tribunal of their own
choosing Judge Davis suggestion
to suspend prosecutions he supposed
to refer to the prosecution of railroad
agents for penalties. He also remark
ed that the interest of the people who
desired to secure some reasonable rates
of transportation suffered by delay
and were to be taken into considera-
ton, as we'll as those of the railroad
companies, and claimed this injunc-
ton was asked to preventive people
suffering great wrongs. He denied
there was any injustice or hardships
to railroads in the Potter Law and
confessed his inability to see the ne
cessity of long delay to argue this suit
under the circumstances.
Finally after much talk; on the sug-
gestion Of Judge Ryan that it was i'm
portant to have the case fully discuss
ed and that the counsel should ar
range the matter among themselves,
it was decided, after consultation
with Gov. Taylor, who was present,
to postpone the hearing OF the case till
Tuesday, August 4th.
~ A new fashion has sprung up
abroad in regard to the ornamentation