St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-30
GREAT NORTHERN MERELY
MAKING TRAFFIC ARRANGE
MENTS WITH N. p.
CUSH K. DAVIS CONTENTION,
ARGUMENTS AT LENGTH upon
THE VESTED RIGHTS OF
RAILWAYS.
THE DEFENSE CLOSES IT'S CASE.
Young and Horn to Make CLOSING
Pleas for Mr.. PearsaII This
Morning

Senator Davis continued his argu-
ment in the Great Northern injunc-
ton case in the United States cir
cult court yesterday, occupying the
entire forenoon. He was followed by
G. A. Severance and E. P. Sanborn
for the defense, and then, at the re-
quest of Judge Young, court was ad-
journed until this morning to give
the attorneys for the plaintiff time
to prepare to answer the arguments
of the defense. Judge Young said
these arguments had taken such a
wide range that it was absolutely
impossible to reply to them con-
nectedly without a little preparation.
Yesterdays proceedings were of a
dry, prosy nature, especially after
Senator Davis had concluded his ar
gument, and 50 much of what he
! said was in the way Of citations of
| authority on the various legal phases
of the question under consideration.
particularly the question of vested
rights, and reading from a number
OF opinions, that it was of particu-
lar interest only to attorneys. A
greater number of these were pres
ent than there were on the previous
day, among them being H. F. Stew
ems, e. 5. Durment, J. C. MichaeIs.
John Ives, Assemblyman Markham.
county Attorney Butler and others.
On resuming his argument in the
morning, Senator Davis took I'D
again the question of vested rights
ha r-ta
Minneapolis & St. Cloud road in 1874.
Whlle reading extensively from au-
thor1tes on the question as to wheth-
er the right of consolidation with
other roads was a vested right .JlIGiera
Sanborn suggested to the senator
that one Of the main points was as
to whether subsequent legislation
had atected the executive power
| conferred by the charter.
Senator Davis replied that that
contention on the part of the counsel
for the plaintiff reduced the matter.
TO an absurdity, because the act by
"nlch the charter was granted pro-
vlded explicitly that no legislation
could interfere with the vested rights
thereby granted. He maintained
that the broadest Interpretation
should be given in constituting the
meaning of vested rights under the
charter, in view Of the Hberalitv Of
legislators in holding out induce
mentS to capital at the time of the
passage of the act. The term itself
was broad and general, and evil
IDENTIFY included all valuable rights.
q ic1o
distinction, it would have said SO.
Senator Davis then referred to the
right OF consolidation granted by
the Charter, and read from author
tiles as to the meaning of consolida-
ton In legal sense. There had been
good deal of talk to the effect that
What was proposed was an amalga-
NATION of the two systems, but this
was not true. All that was proposed
was a traffic agreement for mutual
advantage. Neither road would lose
its identity. But even if one should
be swallowed up by the other there
would be nothing Illegal in it, accord
Ing to the terms of the charter. There
was nothing in the laws of Mime
sofa to prevent a man from hold
ing stock in two railroad companies,
and if there We're it would be uncon-
Stftutional. He cited several au-
thorities on this point, and then read
from the charter of the Northern
Pacific, which provides for connec-
ton with other lines on an EQUITABLE
basis. He also called attention to
the statute of 1870 providing for the
joint usage Of tracks and inter-
change of traffic, and said this was
just what the two roads proposed
to do.
ID closing, Senator Davis said that
If there was anything that threatened
tie interests of the country northwest
of Chicago, he thought it was the duty
of a good citizen to endeavor to pre-
vent. it. The Burlington road
tapped the Northern Pacific at
Billings, and should that road
get control of the Northern
Pacific, st. Paul, Minneapolis and I,u-
luth would lose their transcontinentaI
and transoceanic traffic in the inter-
est of Chicago. 1t was therefore a
question of sectional rather than of
corporate interest
Mr.. Severance took up the same line
of argument as Senator Davis on the
question of vested rights granted by
the charter of the old Minneapolis e.
st. Cloud. He held that no legislation
should interfere with these rights. He
also read extensively from authorities
on the matter. He denied that the
proposed agreement meant consolida-
ton further than traffic arrangement
that would be to the mutual advant-
age Of both roads. Even if it were
proposed to consolidate it would be
legal. No court had ever decided
against traffic agreement, and if
such an agreement was made, it was
lawful to pay for it, as the Great
Northern proposed doing. It could pay
for it as it saw fit, and might in view
thereof guarantee the bonds of an
Pacific was hopeless1y insolvent and
credit must be secured from some
quarter before the bonds issued on re-
organization could be disposed Of
Following Mr.. Severance, Mr.. San
born said the defendant was attempt
ing to do nothing in violation of the
laws of this state. The Great North
ern was not proposing to control or
own any competing line. It simply
proposed making a traffic arrange
ment and the latest legislation of this
state provided that one road must ac-
cept traffic from another. Therefore
what was proposed was in line with
the laws. The charter of the North