, 1874-08-06
The Saratoga 0onferenoo---New
Rates Established.
Eastern and Western Boards Of Cam.
missioners Appointed.
Interesting Comparisons of tho
Now Minnesota. Tariffs.
Advance in Emigrant Fares Between
the Seaboard and the Interior,

I HHeclHt DtAbHtch 10 IHe GHtcH10 iT16HHe.
MADISON, VIA, Aug. 5.-On tho roassomb1ine
OF the Supreme Court this morning, Chiet-Jus
tice Ryan said tho Court had considered tht
question aa to whether tho Attorney 0enornl waf
required to Worthy Lis information. Although
tho Court would not now exprosB any opinion
thoY had arrived at two concluHions: First, thai
| tho Court could hchr an application for an In
Junction upon tho rotation Of tho Attorney Con.
eral without vcrifcntion. Second that tho Oh.
1cotions made by tho counsel for tho railroad
wero not roasona why tho injunction should not
DO heard, but renaous why tho Injunction should
not DO graptcd. Tho Court would, therefore,
HEAR TIE MOTION ARGUED on noru B1DEs.
Tho complaints against tho Northwestern aud
the St. Paul Companies being ul,ko. 1t was
asrocd that tho motions agninat both Companies
should be hoard together. 4 enlargement arose
~ to low counsel should bc heard. Thoro were
throe on beha!f Of each ra,road, agai.lst three
counsel representing the State: The Attorney
General oontonded that tile stato should DO
allowod to opon tho caso, and rosoryo two nt-
torneys to close it. THIS proposition was 30
maoifeatly unfair thnt lilo Chiof Justice
taa made g., susg;,ession' Which was adopted,
eass ne ono st5e stopuov '9sd or o,sp Spsn rrta s
should follow, then another attorney tor tho
state, thon tho remaining attorneys for tho rail-
ways, aud the caso be closed by tho State,
AfFiDAv4TS WE'RE READ
on behalf Of the Northwestern Railway. mado by
Albert Keep. President: mud n. N. Kirk1nnn.
General Accountant. The former rocitod that.
auco the approval OF The Potter net, tho coll.-
mon and preferred stock Of tho said Company
had deprecatcd 10 value '75.31o ,52t tint from
hiH knowledge Of tho Conpany's affairs tue ruil-
way could not, under tho Potter Inv, earn suf-
intotcst upon its debt.
Mr.. Kirkman's affidavit, showed TINT the opor-
nj tn rvfu tr,u
tho mouth OF June Inst showed thnt tho gross
earnings wore only Ss1, 400 in excoss Of operat-
lug expenacA.
";l'he answer and attldavits Of the st, paul Com
pany woro also roan. Tho answer set UP = gon-
eral denial of tho complaint rccitol; low cor
tatn OF tho Cnnpsny'a present lines were at ono
time sold out to individuals who thereby ac-
qulred all Franchises and privileges, from whom
the railway corporation acquired thern indopeul-
ont Of the State, and Glso rccitod lho Milwaukee
l. Wankcaha charter winch was granted
by tho Territorial Legislature, before the lon
tion Of the Constitution continuing tho reserved
power to nllor or ainond all charters granted to
corporations.
Tho asldayts were by 8. s. Merrill, General
Manager; john G. Gault Ausistant Gonoral
Manager; Q. E. Britt, General Freight Agaut
and john w.. Cary. General Solicitor, each Of
whom affirmed that the ratea established bY tho
Potter act would be imperative aud absolutely
unproftablo.
THE ArronsEy-aENEnA1
endeayored to- offer certain ailldayits partly
~ faass robuttsl OF thoso Hub'nitted BY tho De-
charges i'll his complaint 1iod against tho
two Companies. T!,is prococdiue uroyofod
discussion that lasted until noou. Defendants
contended that the af1itlayits should laye boop
to como into court; whoreupon tho Attorney
donoial observed that tue 6tate need not hayye
g!von dolcudants my notice whatever that tney
did 80 as matter Of courtesy, although
IT THEY y! COULD HAVE MADE TIE MOTION Ex rAnTE.
brought AIR. Cary to luis feet with the indignant
observation thal after thirty years practice it
seemed to him strange thing that tho matter |
of giving notice Of an implication for 81 injunc-
own tho whole court Of justico, or wore tho mi.
WAYS there like any other humble individuals?
Iho Chtof-Juatice dismissed the mstter by say |
ing tho Court novor would have heard tho motion
e1 parte.
Judge Dixon claimed that durjnc his
experience Oh the sapremo Bonch 1t had ai,Yaya
boon the practice Of the Court to hear ntllIayftA
~ support OF motions, aud appealed to tho Asso-
ciate J!lhslces to couhrln his statement. Tho
had not given the lofoudants
notice OF any nslidavlts ho utonded to introduce,
md served copies lpou them and allowed them
twenty'four hours for reply. unless theae ahiua-
yits weso exclusively Iii rebuttal Of those offered
BY defendants.
Tho Attorney. General admitted that
us rnooFB WE'RE NOT EXCLUSIVELY IN NEHurrA1.
Tho Court said they would suspend the hear
ng ! l ol tho casa % Tor twonty-four hours, unless
ITO service, regervins the time md right to
lns.er. The Court would not purane any
'ractlce in this caso that it would not adopt il
fearing auy other.
Defendants waived tho objection, whers,,pou
he allldavts Of J. Il. Osborn, Railroad Commits
'onor, aud George W, Bird, Govornorg Socre-
nry, were read affirming from peraoual
Inowleage TINT tho dofcndants wore yiolutinc
liz Potter law.
Gen. Smith, for tho railways, denied tho RIGHT
II tho Court to. entertain these allidayits. oyon
rally or otherwise. The Court said thar conlj
% argued during the trial. 1t was romarkabie
u hat dnrinE THIS ekrmishng tho counsel for tic
outendod tlts was An action at common law,
nd not nndor tho statute. This morning thoy
neequiyocaly claimed their motion was broueit
ndor llo statute,
Shortly after uoon the
;. plhEor DISCUSSION u on or TIE MAIN QUESTION
'aH opened BY the Hon. II. 8. Ortou, Of Madl- .
on. OH behalf OF the state, TLs
o'rs. he arguod, had jnrladtction t
tue case under tho tsustitntion /
nd by the practice OF English courla. For IN r
our or more his argument was mainly Aistori- J.
II: AZ tho afternoon session ho dwolt upon tho
g1s!atlvo right to regulate ratcs OF toll. Hore
10 Court ahked Mr. 0rton how Ac could sever Il
ako In tho o:fSs ~ hs End tho
Y: 70 which he replied tAut ho supposed it could
1t ba severed. Tho Ohief-Justicc said 1t 9
ruok him the right to take toll r
tho discretion OF tho railroad comps o
Is ono entiro franchise. Doing askod d
Judge lsyan II ho olaimod that Sac. i, Chap. i
o, Iayior'a Statute, conferred the original il
riadctlon on this court Ar. Orton said he loft +
at for the Court to define, wheroupou tho .
lief-Justico adled that the wrIta nan,ed in O
at section Of thu statute were nearly all a,,o.
to in tholr character. Writs Of Injunction O
'ro omitted antfrely. ~. i
d ho need not read 1t, AZ 1t WAS not material Ii
alr. Gary asked il it did'uot reduce Passenger Il
leu to cents per mile. Il
alr. Orton-I have not time at present. to dis i
~ that question with you. 1proaumo it 70. n
'tcts Your riSlts because, II It enlarged thon,, c.
u would not DO lcre. Wien railways got tho d
legislatures to confor whatever priyllceoy Won r
'ntod |1 yon l never complained. Then you con /
Chtef-Justico llyan-When was tiat7 -
4 gonorsl laugh ons,,ed, ia Which b[r, orton \
not Join, but after repeatedly nsAne what | r,