The New York herald., 1874-07-08

Judge Davis-My Judgment is you are all sensible
men and magnanmous, aud Wish 70 DO wh2t II
over YOU viii agree upon course. II nothing is
done by the state by wnich you can % lnJuieds
why there is nothing TO prevent getting the case
Judge DrummoDd femafSed that the Attorney
General had no authority over private lndividuals
who wished to prosecute under this law. An tn-
junction against the Railroad commissioners
would not operate per Sc against all tue woru'
and. inasmuch as anybody can commence prOsecu-
tions, an injunction against The Railroad Commis
sioners would not stop them
Judge DavlS-fhere is no DOUBT II tne DlgneSt
oficers IN this State advise the people not to COM
mence suits they will not PROBABLY commence any,
unless there are some very ui-dlsposed persons In
Ex-Mayor Gregory remarked that there were
plenty such, whereupon Judge Davis said they
must be very malicious, and, or course, there were
mean persons everywhere.
Judge Drummond-We have been told the people
of Wisconsin are great and magnanimons people.
and we presume that, II they once understand that
this question is in process OF final adjudication 10
the United States Supreme Court, they would nss
Seeing the counsel were not likely to immedt-
ateiy come to an agreement, Judge Davis iurther
remarked: a think you ought 20 meet tOgetner III
a spirit of mutual accommodation. The question
Is, rad you not better stay mere and see you can
not come to a better understandings Can you,
Mr.. sloan, be heard on this matter ia Chicago next
Judge Drummond-Judge Davis expects to be
with me in Chicago next week, and as we have
come here at q great deal OF personal inconven-
ience think you should either come TO Chicago
or present written briefs. We cannot come here
again. The Court hete VIII be kept open.
Mr.. Stoughton-We have suggested to the At
torney General the demurrer be put in and sus-
tained so we can get 1t before the Supreme Court
In October. II that can be done we DO not WISH
to argue it furtner. If that cannot be done. we
when you will permit the question to be further
Judge Davis-Tne Court would not now be ready
10 sustain demurrer In regard to that portion Of
the bill. the question Is whether the case could
Inc n
OF argument further on any other point. Meantime
the State need not enforce the law iar as it
Judge Drummond said it should be understood
the CONF claimants could apply for further hearing
Judge Davls-Would it not be better TO suspend
action on this law until you have decided whether
The Attorney General-Undoubtedy. We un-
derstand and feel the Iull iOrce OF that.
Judge Davis remarked that If the Railroad Com
mssOners did not attempt to enforce the law In
regard to interstate commerce, there was oh
ject IN asking for an injuncuOn.
The Attorney General replied that the Commas
sioners did not understand they had the right to
Interfere.
fixed 1T claimed by the State that the railroads
are subject to fine and penalties Tor violation 0
the law. 1t was the duty OF the Railroad Commls-
sIonerS to call persons before them and examine
them as witnesses. All these things the Commas
SlOners could do.
collect information, not to enforce the law.
The opposing attorneys being yet unable to effect
ounsel lor the complainants had the right, in his
opinion, to have the point about interstate ceM-
merce further considered, and to ask for an In
junction in relation to IT. and If the counsel for tue
State did not feel justified In coming TO Chicago
they had the right to send brlef.
Judge Hopkins said he did not think counsel had
any right to ask the Judges to come here again.
They had come this time at great personal incon-
Judge Davis-n there is not to be such an &C
commodati0n as Will render 1t unnecessary Ior the
compliments to press their application ior an IN
week in Chicago, because on the Monday follow
ing Judge Drummond has 70 go away. (As
State, entered the court room, aud received .
mild reprimand from Judge Davis for trusting
Court was to meet after his sixteen years. expe-
Renee on the Bench.) Addressing Mr.. Dixon.
STATE commerce has been decided II your .avor.
That is all We would be glad If this matter could
be heard next Thursday or Friday. l think, IN
view OF the suggestions. you can come TO an ar
raugement whereby all prosecutions VIII be sas-
pended II that is violated it does not prevent
you from making an application afterwards Yea
notify Judge Hopkins.
The court was then adjourned until Monday
morning.
The rival attorneys imme ilatey retired to tho
consultation room. Mr. Sloan said the sugges-
tlons made by Judge Davis gave the cOmplainants
all the moral effect OF an injunction. No attempt
had ever been made In their Office to encourage
tention.
An agreement was not e1ected as to the further
pOCeeulHSS. IL tue COiuplaluautS 40 not oDJeCt 70
q pro Jo1'Dsa decree being entered Tor the dis
missal of the bill, the State are disposed to co
operate in getting the case ready for determine
ton at the October term OF the United States
Supreme Court. But 1t is more than likely further
argument Will be made on Friday next, the qaes-
tl0n OF Interstate commerce being vital one.
REJOICING.
Especial Dispatch 70 the Chicago TribuneI
MADISON, Wis.,, July 4. 1874
Governor Taylor had 100 guns fired this forenoon
In honor OF the States victory n the United States
Court the refusal to grant the injunction to the
Northwestern Railroad bOndholders against en-
forcing the Potter law.