, 1881-10-09
LICENSING STREET-CARS.


Judge Drum. sOttL Isrcid eE for the City
It Now Goes to the Supreme Court. =.
The street. car license cases came up before
Judge Drutn,nond yesterday morning and were
finally disposed of. The Judge n few days ago
sent 1t notice to the lawyers in tho suits
that he had made up his mind
on the demurrer to the Ancuded bills, ana wns
prepurcd IL dispose Of tho matter in conformity
witt, his former decision Oil tho s'rlginnl bill,
sustaining tho demurrer and disnssss, the
added that liz Thought the operation Of tho dis
-.ulssal of the bills might IN casu Tho other side
appealed. be avoided by some agreement be-
MIR ruth,l- one Of the counsel for tho city.
then g,lve notice to the counsel on the orpos't
side IT the ease that hc would apply to tue Court
to enter tinuf decree yesterday, It's that W;1s
the last day the case cous'i 20 TO the Supreme
Court ol the United States. Yesterday morn
the three railway cornpanies we're in court. and
Mr. Tuthtl presented th. draft OF tho
decree he h:td prcpnrc.'. lie elsn
take defaults aeraiust the railway companies and
the Directors, they never haviliE appeared Or
tiled answers.
ADHERED TO HIS FORMER EuLISG.
.Judue Biodgett, however. was Inclined 10 think
The city ordinance imposing tbs so license fec
on each street car WA, invalid, and siley were
elect would lie to sustnn thu dcmurrers and
dismiss the bills, giving tho railway companies
III, opportunity to suspend the effect
bond to tho cry to puy the license fees If the
Supreme Court held the ordinance valid. lie.
howcver, wished tho cases put at issue and
asked tho counsel To ste 1t wills done.
Mr.. Gou1y, on bei!aif Of rho North Chicago
CITY Railway Compu:ay, said he desired further
time To consult with the other attorneys In the
I'hc Judge said the matter of preparing de-
cree 10 be entered would l,c very simple, sls-
1;inin= the detnu:rers and tilsnis.ing the hills.
Il n
M;. Goudy suggested that, in order to get tho
cuse into the next term OF the Supreme Court
the decree might be entered afterwards rs Of
sir. Tuthil! consented to this If the Court
would have the decree 81, cnterrA.
The Judge the1l agreed to postpone the formal
entry nf t4 tleeri:t. 4 week, to give the parties
more. time, the decree to bo entered of yes
tcrzI;y 50 tue case could ~. to the term Uf tho
Supreme CURT which begins tn-1.Orrnw.
slr. Tuthiil thereu,on :a:ke,! ':hut bond wot!lt!
be given Oh the a'nca' nc wns willing to t.@t
cars, without going into any evidence on that
subject.
bond should only cover the license fees uccru-
ng from tho present time up to the decision by
tue Supreme Court, and not trom the passage
Mr. Tuthill said that where the bills were flied
a bot,ti cnyern! the iiernse fees for ISIS was
giyen anu WHEN Ee Subsequently asked fur IL
bond to cover the fees of 1879 the Court held it
Mr.. Gouuy thought it would be
DIFFICULT TO GIVE \ BOND.
Some who were STOCKHOLDERS ut present would
no, TIC SO in u year OF two, and thoy would be
uuw lliis:s 10 20 OH the bond.
The Judge remarked that the companies
would be liable for uit back license lees, and
they were ubundantiy responsible:
Sir. Tuthl suggested they might rinse the
question after tho Drtiifhluce had been: decucd
tu be valid us to whether the city could recover
buck license fees
The .1udre had no aouht that the city, where it
was prevented b. Injunction. gould recover back
lfcensc fces rs well lis any other deEt.
sir. Tuthill suggested that the companies
should cutter into written agreements binding
rue1nselves TO pay all license tees in case the
ordnance was declared valid. aud hc would b.
wiling 10 nccept such q bond.
The lnAtrcr was then postponed a week on
this showing, when the fluAl decree will he c,l-
tered.
Messrs L. S.Tuthtll an 4. S. Bradley appeared
for the city, Mr. Il. a. SnuIl for the West Div;s-
ion Company, ant ". c. Goudy for the North
| Side Company.