, 1874-07-05
CHICAGO, SUNDAY sN-TWELVE PAGES
giro nny instructions regarding tho point on

glvo nny Instructions regarding tho point on
which 1t would bear fnrthor argument.
Judge Das!s-You had beltur conault tl,ar wltn Inc
to tho iii or make application for an injunction
Ii YOU aeo fit. We thought our deolalon and tho
suggestions mado would enabln the parties 70
como to home arrangement whereby tue mattor
Goaa co ne s9sSias 'du'@'d and fuf'A'r
Asst. Atty.-Gcn. Sfoan Baid ho hardly fe1s
authorized 10 mike such ali agroemont.
Judge Dayts--lt aeome to ue, gcnttloment that
In nny matter sbout which thero is doubt it
would DO hotter to suspend affirmative action
until final <locis1on is boonrcd.
In rcply to the inquiry when tho Court wonfd |
ooubont to llonr fnrtfor argument. Judge Drum"
1nond said II thoro wero to bo anylt could bo |
made at onco.
Judga Hopktna--1t appears to tho Court TINT
the defendants did not anticipate tho question
Of Interstate commerce, 90 did not arguo is
at MI.
Judge Davls-1horc ii another point abont
this iii,gation, AMI It IN this: It wonld b. praes.
Court at tho October term, and that 10 what
NOM in my suggestion. It la probable thAs II
case could bo heard there Of that tor1I IAo
question is whDthor Affirmative aotlon mad not
hotter DO suspended Until that question is dis
posed OF.
Atty.-Gcn. sloan assured tho Court that thero
waB no tutauttuu on tho part Of tha haatroad
Commissioners to intortofe with Interstate
Gauge any troauc 10 tat fogs1n ogaon.
arc stopped, thore is nothing to DO gained " inc
othor side by applying for an injunction: IL yon
will harmonzo togothor With tha Wow Of getttnR
all these disputed questions apoodily Into tho
6uprane Court, We do not see why they cannos
be disposed Of lt tho October term.
Counsel for tho oompIaiuants hoped further
argument would not DO postponed indefinitely.
| Judge Dayis-We aro not postponing II indef-;
3..3}n f1n ftnr r11
| lloar It noxt woek In Chicago. But you aeo, you
| ca,,not do everything in ono or two days 8o1e
| arc In no particular danger. II 1t Is net heard
next week tt may be Several waoks II =, tho9a as'7a
10 glad to hear 1t next Thursday In Chicago. We
| wotld rather t,ave 1t hoard noxt woek than any
otlcr timo. Ihis Ia pressing right on us.
wish to got rid OF everything ~ tno nasms1 o. "a
| range it, wo cnnnot forco thoso, gontlomen.
| Judge Dfumn,ond has to GO away tic weok 1ol-
lowing.
rhe Attorney General said Il seemed to him
bo to ask tlo Legal authoritiea uot to prosecute
suits.
Judge Davss-Tho operation Of m injunction
| would he to ptevont tho Railroad Commissioners
! from dong anything about Interstate COM
n.erce. II they do not tntarIore, thore IL no o.
ioot in au injunction.
Alr. Stouglton wanted IN agreement.
Judge Davis-Aiy Judgment III YOU are oil SEN
abo men, and magnanimous, and wiBfa to 20 20
gh anu II y1a gos oGvsaof ao an1 as
Ii nothing is. done by the State by which yoii
can po injured, why, there iB nothing to prevent
getting tito case really for thu Supreme court
Judge Orn'nmond remarked tDat sho e.'1,;s ntloinos
| ala who Wished to prosecute undor this iaw. an
IN JUNCTION against tho Railroad Commissioners
mould not operate per 30 against oil tile world +;
aud, tnaemuct az nuyhody Gun cofhthonco pios,
| init.
Commissioners would not stop thnm.
Judge Dayis-rhero is no Ioubt II tho highoas
officers In this Stato alviAo tho people not 10
comnsenee suits, they wall not probably, eo1a' 's
nlence any, unloHs. thore arc sono worry N'-ois
posed persons in tho State.
Ex-Mayor Gregory ron1nrlod that there vert
| plenty such, whoroupon Jndgo Davis sa'a INC!
must bo very malicious, aud. Of course thor;
we're mean peranns s'ery"hese ES s ,,.,n +,,a n.
. | peoplo Of Wisconsin ATE q great and tnnguhn
, imous people. and We prosumo tat. II inc
once understand TINT this question " IN process
pteme Court, they would not prosecute any huli4
= socing the counsel wero not Likely TO iinaedi
ato1y como to AL agreemant, Judge DAVIS tae
= ! tier remarkea: VI think you ought to meet to
i i The question ii, Had you not better stay har'
q auci soc if you cannot como to d better unue!
gtnntliug? Caa you, Mr.. Sloan, be heard on thi
r. matter II, Chicago noxt Thursday? p
"A I Judge eUfnfnmouu--JuuB91 1Hf4n GA Foeto ~ "
y with me in Chicago noxt wook, and, ~ 'Se h*s
: co,ue uere at Il great tenl Of porsoDal luconVel
- ionca, thiuk you SHOULD either como to Chlcag
20 or present written btlots. We cannot como ho
i aga,n. The Court hero will bo kont open: T.,
- MIR. Etoughton-~We have suggested to tho
: tornoy- & enorai that tho donurtes bn put IN Mt
- sustained, 10 no can get It boforo the Suprsn
~ Court in October. If that can be dono, no
"a not wiHh to argue 1t furthor. II that cannon
10 10 done wo deBiro your Honor to 1lanuo day
:, - Chicaeo when you will posmit this question
n, be further argued
IN Judge Dayla-Tho Court would not now
TO- ready to sustain n demurrer III regard to u
r. portion Of the bll Tho question II, "noti
IA. Ttloro is no necessity Of nrgtimenk further
[ty nnv other point. Meantime tbs Stato nocd I
a. enforce tho law 30 far as 1t relates 10 tAat p
or ton.
J. Judge Drumrnond aaia it should be tnlorsso
fe tho colnpainautB could apply lor Aar1uot nc
Julge Dayis-Woall it not be better to q
nj pend actou on this law until you have decid
t.a whether you viii aemur2 ,v>
to Tile ATTORNEY. .Grnernt-undoubtouly. Ho
st. deystapd aud teol tho full forco Of that. >, ,
oh Judge Davis remarked that, If the llalft
rtY | commissioners did not attompt to enforce
Of law in regard to Interstate commerce. thoro y
It's no object in nsking for gu Injunction.
ho Tho Acknowledgement ropliad thai the &C
he misaiouers did not understand they lad the rit
its to Interfere.
Dc Judge Drumsnon1 said IL any rates had b
fixed, ii was cla,n,ed by tho State that tho :
~ roads are subject to fine md penalties FOR ri
hts tou Of the law. 1t was the duty Of tls lln1'r
the Commissioners to call persons before them
an examine then ms Witnesses. All those thi
tile Commissioners could do.
lilo The Attorney General suid TINT wnH noroi,
on collect Information. not to enforce the laW.
ato The opposing attorneys boinE got 11nah
1ts offoot au arrangement, Judge nruulmnnd
ai!. tho oou usel for tho colnpafna.,th Ind tho Ri
md In bis opinion, to hnyo tho poiit about in
her stnto commerce further considered, md to
atB. for an injunction III relation TO it ana II
aud counsel fur tho State td not fool jnhtitlc
,aao coming to Chicago, they had tho right to ss'
Lott 1rlef,
nea n Judge Hopkins nata he did mt think cou
EVE had at1Y rglt to aslt tllo Judges to como
@ loot agnin. Thoy hail cono this tlmo at great
!on. = :. aonai Inconvenience.
! ~ Judge Dayis-If there Is mt to be auoh nh
1alh commo{latton a. viii ranler ii unnccossarY
eop the compiaiuauts to pross their application
IL ~ an injunction, ne would like to hoar the mo
!.s nlso next wee9 In Cnlcago, bncauso on tho MOI
tnot lt following Judge Druminona has to 10 away.
H. this stage Judge Dixon, associate counse fo
u! !y ~ State, outered tho Court-r0om, and rccoty
tho mild roprlmnud from Judge Davis for trn.
HHt- a1,p,1tf In lima trhen