Omaha daily bee., 1894-01-03
NEWS FROM COUNCIL BLUFFS
Judge MoGee Gives the Motor Company a
Few Days Of Grace,
WILL OPERATE THE LINE AurTLE LONGER
Trustees win Not rake Charge Unth After
the supreme Court Has Passed
on the Points at
Issue.

49, 49, '"AAh ~ ''E -
in the motor case yesterday morning, the
company will nave control Of the line until
after next May, when the supreme court Of
low will have q chance 10 pass on the
question of whether the decision in the
superior court OF Council Bluffs was cor
rect. The issues involved yesterday were
those with relation to Il supcrsedcas
bond. Judge McGec held that for
a corporation to be allowed to super
sede the decision of n lower court
would be, in the present case, to
allow n concern that had been de-
clared dead and plucked up by the roots
to rehabilitate itself at its own pleasure,
and would have the effect to establish the
rule that no decision of the court of COM
plete Jurisdiction would have any force or
validity until IL had been passed upon by the
court Of last resort.
Substance Of the Decision.
"rhe effect OF a s~upcrsCdeas,' was the
substance of his decision, "is to restrain the
appellee from taking an Affirmative action to
enforce n decree, but does not authorize the
appellant to do what the decree specifically
prohibits him from doing. The Judgment
already rendered finds that the defendants
have usurped Il public franchise, and if they
have the right to superSedc, il is possible
for any corporation to usurp aud hold such
franchises until the state can obtain Judg-
ment of custer in the courts of last resort.
sometimes, however, the operation OF
this rule would work great hardship, and
cases arise where ii is possible, on conditions
imposed by the court, to relieve the parties
from injury to which they would be sub
iected by the strict application of the rule.
corporation may be allowed TO exercise Il
franchise to which it has no legal right
until the appellate court passes upon the
case, on condition that il has a speedy near
inc. In Tho uIpSpDt instance the statutes do
not give the trustees the right to run tho
road pending an appeal, but such right, II
given ut all, would nave TO come from the
courts. 1t could not have been the inten-
tion of the Legislature, in passing such n law,
TO deprive corporations of their right TO APP
peal, which would pc the practical result by
having the property sold before the supreme
court could pass upon the case.
tt Enforce the Courts Orders.
1.-The way to enforce the mandates of the
court is by punishment for contempt, Thu
question of what constitutes contempt is
largely n matter of discretion with the
court, and if the enforcement of the rules of
the court would work hardship against any
of the parties Il strong case would be pre-
Sented for the court to refuse to punish for
contempt. 1t would be ineXPcdicnt in this
case to punish the defendants forthwith for
contempt, for to stop the running of trans
would be a great hardship to the plalntlf
as well as to the defendant. This remark,
however, must not be taken as an indication
that the company may supersedc the
decree of the lower court by an appeal, and,
If it is possible, for IL to use every means OF
delay to drag out a slow process settlement
by means of an appeal. l have a mi con
ception of the rights of the state. THIS
solution may not be n very happy one, but it
is the only one that will insure the defend
ants all the benefits of successful appeal and
to both the plaintiffs and defendants the
benefits of the operation of the road"
The court further remarked that the Up
pointment of trustees had been made prop
erly, whether or not they were to take
charge at once, for, in case the supreme
court should affirm the decision, u would be
necessary for them to assume the manage
ment Immediately. BY agreement of the
attorneys for both sides it was decided that
the case should be submitted to the supreme
court at it's May session, it being too late to
make the necessary preparations for sub
mission at this months session.
An entertainment will be given at