, 1874-08-08
A Declaration Of Want OF Jurls-
diCtiOn.
The Arguments to Be Continued to
the End,
Continuation OF Cary's Speech and All
Of Judge Dixon's.
Miscellaneous Railroad News,


Sptciai Dsapaeh to Tie Chicago Tribune,
HEAn1S0 or THE INJUNCTION CASE At uAD1aoE
hlAp1soN, Wis.,, Aug. 7.-On tho rcaHsom.
bling Of tho Court this morning, kr. John "
Gary, OF Mllwa'1lsoe, resumed hiH argument 70,
tho slotonno. Citing the chartor grantod to tho
MallWnllkoo Il WaukeBhn Railroad by tho Tori.
toral Legislature in 1877, before tho adoption Of
the stato Constitution. he claimed TINT tho limo
did not como undor tho reserved power.
Julge Ryan inquired ii tho stock waa aut-
acribed before the adoption Of tho Constitution.
am sal.a,, mr.: uary assumed not but clanod that
completed. Proceeding to IN annlysis Of ,o tho
legislation. The DETERMINATIONS We" i "ae.%, mei1o
wore wore hasel led on no 1ust principles. Simply bo-
taIsa tSo iG hm9wn 70 70 e. Improbable belonged
to c''argo only tho lowest rates, whorens other
lines that had bocn built on land.grants were ii
lowed TO charge higher raten because separately
owned The Legislature had violated tho Constl-
tuition, anl Law, and rules Of Jurisprudence, Had
thero not been spite and groas ignorance, such
| LAW would mover lavo boen passed. The ST.
Iaul Compnuy'e limo from Madison north to
Ia lortaEe dd not, last month. oarn enough TO pny
parties instigatlng this litigation wcro arrostinE
tho agents OH that llna undor directions proceed.
lug from tho capital.
At this point
| -eN'NA DAsN.f AnaoH4hAE tuuN66L FUR Tu1
requested Mr.. Cary to give way for IN hour aud
half, to allow him TO Dpoak. Thu conHent was
1rcaaily given. Without brief or notes other than
his citations Of autl,ortios. tho OK Chiol-JuHioo
argument,, alany Of his poiits soro q repot. pi,
railroad suit in tho United States Court
but today they woro delivered With
by referring to. tho question Of practice, WHICH
WA mado tho basis OF motion to dis.niss this
proceeding; but practice is unsettled. This be-
lng tho first suit Of the kind brought in this
onnian Uoni or to Ills tn9wledgo N ths country his
AttoIney-dcneral ought 70 bo accepted without
wlso, onaes would frequently ariso whom it would
30 Impossible for tho Attorney Goneral to fllo
tha Court, because tho prociso information
would rcat wholly In tho bronst Of tho guilty
party, and no proccHs Of Inv could compel tllom
to give i. After cnla1ging at lougth upon this
Qolnt. Judge Dixon argued TINT
THE COURT HAD ORIGINAL 1unrBp1cuox
OF this caso. This Court had already decided.
rst, that it has original Jurisdiction Of quo war
ranto; second, that it Inns original jurisdcsion
to issue tho writ Of habcas corpus, ind to hoar
and dotofmino; tint casos Of nai,tlam,1s wlorciu
the Court had exercised original Jurisdiction
are too numerous to mention. Tho writ of cor-
:tlorafi had boon repeatedly iBsuod as M original
writ. How is it possible Tor the Court to saw
that tho jurisdiction Of all these otlIor writs IL
connection with which tho writ Of Injunction iB
named was original, whilo that of injunction was
not
Chiet' Justice nyan If you desire, will stato
our Judgment upon that point; or, If you pro-
Ter the Court will wait until all the argument ia
Judge Dixon rasa t,.a4 ". h.a oa,s,,oz,,.
eu1nent Oh that point, and waa prepared to Eo1r,
THE JUDGMENT OF THE COUNT.
;, Amid moro intense interest than lad
thu thus far characterized the case. Ch,af-Jus-
our Judgment. The difficulty in tho % minds 1sis
Of the Court is, this Sec. 3 Art
Z OF tho Constitution Bays; 'sThe Supreme
Court shall hive poMor to issue writs of habeas
ttorari, and othor original and remedial writsn
Some OF tho writs enumerated may or must DO
mesno process within tho meaning OF tho word
original, Us used in tho acction. Some may bo |
moray M anxiary Or ancillary processes, 80 to
10 mesno proceBa uaboas corpuA may be orig |
nal; quo warranto must bo original cortiorari |
almost always must DO original, but the process
OF injunction cannot in it's nataro bo original 1t B
remedial only. Tho Court, in issuing writs OF
haboaa corpus, n1nndamus, costiorati, or quo
warranto, assumes Jurisdiction in tho not Of
issuing tho writ. tlcso writB being in that
eonso jurisa!ctional writs but to issue tho writs
Of injunction. which Ia nover an origtnnl writ
tho Court must first hnvo acquired ilriHdiction
OF cnso In which to isHuo that writ as
remedial writ, and must find Jurisdiction to
issue II outside the uso Of tho mere writ. Not
but other original aud remedial writs arc piyon'
and it IL difficult to Heo why, il No cap issue m
Injunction in this caso on tho application of tho I
Attorney -denora1 wc cannot issue it at tho suit
Va Vao oo1n nrY moe on eha1a h1oo 10 my pr
1lu'ladiction would hRVo authority to Issue, In
other words, would not that Interpretation Of
That clause turn this Court into Circuit Court.
having Jurisdiction throughout the State?
This Was
TnH FIRST onusB Or COMFORT
that had fallcn to the railway attorneys but il
'as big one, and gave them hope. It did not.
aowoyer, Wholly displrit Judge Dixon. o con.
apparently to little purpose. Proceeding to .ho
risllt OF the Legislature to pass the Potter law.
ludGe Dixon dwclt on the meaning Of tLe
foFas on ~ alor Or tspea In the stato Constitu
I 10, IN what way could any limitation be nut
1pon them? Tho reserved power Of tho Lnrg.
atuIo ia nahod and unqualified. It is power
y l,fo and death over tho corporation; tho powor
,reHcribo tho terms aud conditions upon wheh |
10 slaal continue. It makos no diEorouco tint
ne State was a party to this contract, or il it
'M !. fnsnishea u,' an additional reason why the
=, right Of tho Slate. The Court could not
ntorpe!late any qualification whatoyor Every
authority III agnlnst 1t. Ti,ia Court has no .ieLt
9 put u Limitation M upon the broad language of
49, A!p1t1oht1i4i GotNatbt IlHY TGEGlE IN pnt-
10 Inconvenience or may bo araiust ni1hlIn {
'oIicy. This court has no controlling ,
'ower over tho action Of the Logislature 10 !
org ~ II ls netting within tho scope Of its legls-
AtiYo power. Tho Legislature may alter COR !
'o1ate rights ~ any way It soes lit at peasuro =
nd wllat WAS the nBa OF railway counsel coming
zero and talking about tho cost Of railroads and
ho effect OF tlis Legislature? This Court can :
M 'ot Ivy lts hn1ds upon tho Legislature n.,d
aosd lts legislation to suit the convenience Of
lieso railroads. All the talk about tho effect Of
bis legislation upon tho railways is foreign to !
ho question before tho Court. !
Judge Nynn asked II counsel hold that tho ro- J
cryea power was negative only. Gould tic :
legislature nerely take away from tho chartor,
r could thoy add to It.? {
Judge Dixon replied that tho Legislature could !
Tier tho charters without tta original Bcopo. !
Judge Ryun-Wlore, within tho language OF !
no word ator, dooH tho modification of tho pow :
r come In :
Judge Dixou-It does not como In tho Ian :! !
uago at all. i IL tho limitation, applied on lilo
onara principle. that when tho Legislature re-
fn r,a nj | II