The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-09-15
JUSTICE ON TOP
DECISION OF NATIONAL IMPORT
ANCE RENDERED YESTERDAY.
Railroad Tyranny Over the People
Given Another Black Eye
by Judge Williams.
he Rules for the First Time on a Vital
Amendment to the Interstate
Commerce Law.
Famous Case Of Discrimination Of Mis-
souri, Pacific Railway Company
Practically Decided in Favor
of Wichita - Not Much
Ground Left for De-
Tense to Stand Upon.
Able Opinion by
Judge Will
N

Corporate tyranny over the people got
smother black eye yesterday from the
federal court bench.
Gradually the railroads are being made
to understand that the public. after all,
have rights which they are bound to
respect. They may fool with Wichita,
and even the state of Kansas, but it is
beginning 10 dawn upon their understand
ing that they cannot. with safety, dilly-
daily with Uncle Sam.
The decision handed down at 10 O'Clock
yesterday in the federal court by Judge
Williams is not only creditsble to the
judicial knowledge and the high sense of
Justice of that worthy gentleman and dis
tinguished jurist, but it is a boon for
Wichita of.incomparable value. 1t means
that the high courts acknowledge the
justice of Wichita's claims, and that the
strong arm of Uncle Sam will defend her
rights.
Judge Williams read his opinion from
type written copy, and it was listened To
by large audience of business men.
Lawyers pronounce it one of the clearest
and soundeSt opinions they had ever heard:
people in the audience generally relished
it for the simplicity of its style and the
force and logic of its con-
clusions. which everybody could
clearly understand, and above all, because
it was the proclamation of their CONNER
cial emancipation from the iron bondage
of railroad corporations.
When Wichita reaps the harvest of the
decision her people will build monument
10 Judge Williams: until then they will
cherish in their hearts his established fame
as wise and n just judge.
Colonel Ady, Colonel w. C. Perry. Col
onel Cligget, the able ex-assistsnt, James
Howard and City Attorney Wyatt, have all
the thanks of the people for the part they
have individually and collectively taken III
the case.
The movement which has ended in this
decision was first jointly started by the
board of trade and the oity council. 1t
was presented to Colonel Ady, he presented
tito tie interstate commerce commission,
they presented it to Attorney General Mil
Ter and he authorized Mr.. Ady to bring the
suit as the representative OF the govern
ment. After it was filed Bailey Wagner
of Auchison and Richasds 81 Benton of
Fort Scott. all attorneys for the Missouri
Pacific Railway company, flied "A demurrer
and it is on this demurrer the decision was
based. The only thing left for the rail
way company now to do is TO file an an
swer for which they have been given forty
days, and go into trial on the merits of
the complaint or appeal TO the supreme
court OF the United States There is
nothing :or them in the case except
the possibility OF showing that Omaha be-
ing on the Missouri river, navigable
stream, they are compelled TO make rates
10 that point that will meet the rates of
water navigation; In other words they will
try TO prove that they are not discriminat-
ing against Wichita but meeting water
transportation under compulslon. In OPP
position to this the attorneys for the gov
eminent will show that there Is 10 Mis-
souri, river navigation TO compete with
and that it cost so much less TO build and |
maintain a road TO Wichita than IL does to |
Omaha, to say nothing OF the much shorter |
haul, that will overcome any claim under |
the water navigation theory or claim. The |
most probable outcome will be an appeal |
to the supreme court and 1t is the general !
opinion among lawyers that that will be |
an Inhospitable place of refuge for them.
At any rate the decision is a matter OF |
great public interest-in fact IL is de- |
cision of national interest So much so |
that large orders were in the hands of the |
clerk in advance, from railroads, inter |
state commerce commissioners, lawyers |
and commercial bodies, for copies of the |
decision when made. Ii is the first ruling |
unOeT one OF the most vital amendments |
10 the interstate commerce act.
In celebration of the event it was pro- |
posed 10 get up II bonfire last night. but /
The rain prevented 1t.
The following is a copy of Judge Will |
Jams well written decision. a copy Of it !
was made hastily through the courtesy of !
Mr.. Frank Sherman. and if il contains |
any errors the well known generosity and |
merciful inclInations of the judge are in |
Voked in advance for pardon.
The United States of America.
VS.. ComDlainants
The Missouri Pacific hallway Co.
Defendants. !
This case is submitted 20 the court upon 1
n demurrer by the railway company to the /
bill of complaint. For the purpose OF this |
submission the facts alleged in the COM /
plant are 10 be taken as true. The bill !
AYERS that ''Thi- acIiOn is brought by the 4
authority of sBd under the direction of the /
attorney general of the United States, I
which said authority and direction is I
given and made in pursuance OF the re- /
quest of the Interstate Commerce Commits i
sion of the | nited States, that the United |
States attorney for the district of Kansas /
be directed and authorized 10 institute and /
prosecute all necessary proceedings, legal /
or equitable. for the enforcement of tie \
provisions OF the interstate commerce law
against the defendant III relStion TO the /
matters hereinafter complained of.
The facts set forth show the defend
ant railway company to be common car