The sun., 1888-11-30
FANCIES OF A CHANCELLOR.
NOW a GREAT RAILROAD CASE WAS
DECIDED IN TENyESSEfF.

| An accident has made the Chancellor OF
the State OF Tennessee famous Last Satur-
day he handed down his decision in an i'm
portant railroad case and In consequence
copies Of the document have passed out OF the
limits Of the State. Aperusal OF the document
leaves no doubt as TO tho rank that Judge
Gibson will now take in the judiciary OF the
country.
The case In question was suit brought BY
Nicholas Thuron ct al against tho East Ten
nessee, Virginia and Georgia Railroad Com
rany ct al. The other defendants were the
| Richmond and Danville Railroad and the Rich
mond and West Point Terminal Company.
| The last named company controls by owner
ship Of stock both Of the first two companies,
| and for convenience of operation has under
taken to lease the East Tennessee property to
the Danvile Company. This transaction was
construed by the Norfolk and Western Rail-
road as inimical to its interests It being COM
petitor Of the Dnnville road, and the action was
understood to have been brought in its interest.
The action was to prevent the consummation
of the lease principally upon the ostensibe
grounds that the would-bc lessee and lessor
were competitive roads and that the union was
against pu blic policy. 1t should be stated that
no part of the Danvil1e road is In the State OF
Tennessee. and that the main lines OF the Dan
vile system are a hundred miles or so away
from those Of the East Tennessee The con-
nection is over a branch road. But it was n
forcEone conclusi ion that he decision would be
adverse to the lease. the nntl-monopoii istic
viows of the Chancellor being matter OF per-
sonal pride with him.
was granted and orders issued to undo all tnat
had been done In fact; AZ that re mained 10
be done Tns as t. ratiiy the Lease by tho stock
the occasion was improved n few extracts from
the decision will suffice 70 show and at the
tho Court says
ssn m g mSsr s of ana hgs
these railroad charters were heinz Granted and nnd
these railroads should be ~ nc apu6lic high
VIZ she2 ssh AZ e,ss sa d
f-os aes ~ shS way that tn I,.on Is coming to the
!ss who WI iivs Sas when ,ha, vii he
De opsfaiepuSiS hshwsys FOR the COZ s q
fRy 'hs @ aas s Of 1ns rs to
The Court cites in support Of this view a
clause from the charter which, he says rends:
Said company may. when they see 1T. farm
And he adds: I" am clearly OF the opinion that
the original charter will not support this lease.
property of this great system. Now. it Is man
Hest that such compre hensive and hll-em-
6asng 9E fa years sn1REt be
Transportation on said road" This disposes
OF the law IL the case;
again to say that Il The Lsgsi iature Of ls4s had
besides it is claimed TO be fixed nrlncl pie Of
law that 5oad az 15s h The State be
Chancellor Gibson. Is now as definitely fixed
as the Ten Com msndments. and as unshaken;
mandments OF raiirond law and its influence
+ as hea1hy IN railroad law as any Of tho len
".
refers to the statutory prohibition OF the CON
soliiati2n OF com M Mpe,pg q roads. and says; Il SEQ
sn 70 knoR Aer hsi 10
are all TO be construed together. and adds: II
have no doubt but y hat they were passed the |
exposition OF tho laws Upon the % subject o Of e CONS ae
petition and consolidation. and then the Court |
settles down to the facts in earnest. as follows:
ss: 1s
see that 3, f. Inc. Sok a.
Two r"sas aap: scatter :. over @ tie sssn!ry
siSans,e %rsssrs We read about 70 an esn. myse osy
and prras tue Sndr.d han;s giant ana here
legs man WIN see thai the arms and legs Inter
nF 'hS the
s.ss rad ry s.yi1s destroy s giant
an snd , ae arm. II a.. fearful ,.ruas
eompe,iiors They competitors the last degree.
But the Court is really at its best when it
goes for tho monopolsts who would make the
lease. The decision roads:
psrtirs that 'h.y dtvoedy love soat aud that
S%S 81 n nursery OF
@ s hsy s
ss ss of M svs Wants n. APP
to assert and maintain their liberties,
Referring to the Richmond Terminal Com
pany, the Chancellor says:
ss m Ss
Xt'Sntic ssaboard fss,snins thsmseve. on ali our
means OF transportation and drawing our substance
win tho The Srs
os M ana mon e
generations or tho people Of East Tennessee.
The Court does not feel called upon to deter
second preferred stockholders VINO, brought
the suit. still he sa.. 1t may not be ,unim
ter to be whale than Jonah; as the East
Tennessee road is the Jonah. the conclusion is
less the Court compes the Richmond and Dan
vile whale to disgorge the contents OF its
At its very best: " Admitting that the present
directors OF the Danvile and Of the Terminal
ilans 81 southern interests as they 20 loudly
proclaim: nevertheless. We must not forget
heir moods % or may sell out q % may de and taat
new kings may arise who will not know these
good J"senh,ss IS, and who may 9ppress pr US with
srael. A. free people cannot afford to have their
Welfare depend on any mans or any corpora
Ions whim. They cannot afford TO receive or
.etaln ANYTHING a. a gratuity or a beneiaction.
city section, or State that snrrenders herself
o the embraces Of monopolIsiic corporation
will some day awake TO find herself ruined de-
serted and disowncd and her narnn,our will
mock when her caami " cometh. III the courts
10 nor stand firmly between the people and
heir wonld-te oprressors. then no remedy is
eft but revolution"
The Courts peroration contains dig at the
'ress. Ito notes that some OF the papers have
ipoken faNorably Of the lease and comments
husly Now. the Judge who cannot see
inder and behind taese newsraner interviews
,ndEe who ls Influenced by these ,consiera-
ions needs other repairs on his Judgment or a
strength hening plaster on his back bone. Many
,eople form their opinions from what they read
y the newspapers, and approve or disapproye
y a Judges decision as 4 agrees with or differs
ui t9 every heart. but u Judge who makes
, decision to win public applause must suffer
he remorse OF his own conscience and Is bound |
9 forfeit the respect Of his fellow man. Tho
worn TO enforce, and tint law he must yoico | ,