, 1874-05-22
Judge Zano Decides that Ills Court
Has Full Jurisdiction.
A Proclamation from the Gov
ernor Of Wisconsin.
The People Assured Of the Strict En-
forcement Of the Railroad Law.
Some Startling Inconsistencies in Q
Working Of tile Wisconsin Law.
Action Of Several Ronds Relative to Ex-
=. cllrsion. .Natcs.

/
| cnrslon Rates.
| d,
| TEE ILLINOIS LAW.
| Special Dtspateh to Jhs Chicago Tribune.
DECISION IN THE CHICAGO 4 ALTON SUITS D,
i . JUDGE ZANE.
sPR1NnElELp, ILL.,. May 21.-For several day,
pnht slnco 1t was known that tho attorneys to-
tho poop1o, III the suit aRainst tho Chicago a
Alton Rallroad, Ind fllod motion to set tho case
down for tral at this term of tho Court, aud thai
tho motion was to DO argued today, all intoros
In tho other proceedings Of tho Court Ind sub
sided, aud little olao WIS talked about than tht
action Of the Railroad Company in removing ttt
case, or, rather, attempting to remove
tho caso, by writ Of certiorar int
tho United statos Court, and tho prob
able course which Judge Zane would take
in tho promises. When, therefore, ex-Goy
Palmer oponod tho argument on tho part oi
tho people this morning
TIE counT-nooM WAS CROWDED
BY people from all parts Of the country, and ho
WIS listened to with the closest attention,
though ho mado dry, yot logical and powerful,
legal argument III support OF his motion. At
ita conclusion tho general verdict was that he
had sustained his motion: lIo was followed
w bis aasociat counRel the Hon. ". Springer,
| IN convincing aud able argument. /"
| y, At this point, Judge Edwards nrose and stated
| That he did not appear as an attorney OF the
| hailroad Company (although III fact ho Is re-
| tai,ed In tho case), but as q friend Of tho
| Court. and, in that capacity, ho made aomo
strong points, and ably argued that tho cnse had
GONE BEYOND THE JunlsD1oT1oN
| Of this Court.
The Hon. Milton Hay also spoke as O friopa Of
tho Court. though he, too, Is retained in Tho
| caso. Lis argument was pronounced by tho op-
fn h1
nnd produood a fear Of tho result in thoir minds.
Judge Mcolernand followed as q FREUD Of tho
Oonrt taking, however, IN opposite viov from
a,at,t that OF MeHsrs Edwards and Hay. Judge Mo-
would be impossible to epitomizo those speeches.
as they were strictly legal mud technical, but
they were oach worthy ot the eminent gentle
mon delivering them.
stood out in the opinion Of Judge Zano. Judge
Beckwtth's circular in the main covers the points
OF tho defense. Judge Zanoa opinion did not
snrprae tue @ bar hut evidently did tho opposing
THE FULL TEXT OF TIE DECISION.
Tha 81 s ~ g. as term E, h!s
against tho Chicaso 4 Aon Raroad Company, Jto 10
recover penalties aga!nat that Company conseauonce
of e H. IT, ssss sats e f. e h .n G t q "
freight and PASSENGER tasi, authorizing tho iai]-
70, Eoaq an e do a A. tho second week f
states .,,,a Court. IT, ~as served upon ths Clerk
certify Ill tho papers IN tiie eass INTO Tint Court md
the question now arises: Did the service Of that writ
take tho cse out Of this Court into the United States
L shcro my law nuthoriztcg tho issuance os TINT
%rs thsn @ 1t @ ad take the esse out Of this Court
Shall mold, but IN order to ascertain that fact 1t Ia
necessary TO inquire whothor there any oct Of Con-
greas authorzlng the iasuance Of that writ in casoa
hare boen referred ~ to, but M W tho one stsat tIat
f. re}ea upon i the act approved April 20 is71 e
tecnth Amendment Of the Contribution Of, tic United
states and for othor PURPOSES" as It would DO con-
%oa o y M es % s
tbs st IL sa " r. e
liz psRs of the s' aas snsssss
aud the QUESTION arses thon What arc thi. thsse pro,
At. IL Of tho Constitution, which IL tho -Four.
teenth Amendment contains fyo seotiona. The first
property, tie to representation, and te third
to tie qualifications Of saator mud Representative
DON'T Tho fourth reers to IT, an pubo ent
iss;s.t,oB tho n,svsisss ~ t911:gs
that then, the fret section Of this amendment 10 ta
Constitution f. to ono that this act of Congress was
intenaod to enforce.
Tho section reads as follows: :
All persons born or natnralized in the United
nHe6+ anu SUBJECT 10 t0 jurisdiction thereof are EffI-
Of the United states and OF tic States Wherein
they reside. No state shall mako enforce any law
yhieh sai1 aGEtgs Tug privileges or imunittes of
rr1ve.any person Of lfe liberty or properly Without
due process Of law, nor deny to any
person within ita Jurisdiction equal protection Of liz
lawn."
Tie frat clause Of this section reads "An persons
born or uaturazea In thu United Statck and suhiect
to the jurladiction thereof arc citizens of the Uned
States and Of the State wherein they reside" That
q s.sS ~; v evidently rofefs to natural persons
natural one, snd artificial. nor produced IN some
legislative body.
The aecana clause ia: HEo 9tats nhn,1 m.k.
or enforce my law which shall abridce @ I'fne ti,e
privileges or immunitfes OF a citizop of lie
United states." The words citxen and porsor In thia
6ection I'm tuclinod to hold nro synoupmoua terms
aud that by tho torn pnrson, WIS meant = natural