The San Francisco call., 1896-04-21
Mr., HAYNE STILL TALKING
Progress of the Argument in
the Railroad Commission
Case.
SUBTLE LEGAL POINTS TAKEN.
The Case Will Be Finished Before thu
Opening of the Paris Exposition
in 1900.

Judge McKenna's courtroom was pre-
pared yesterday morning for the usual
day OF talk on the power of the Railroad
Commissioners to fix the rates of freghts
and fares at figures disapproved by the
Southern Pacific of Kentucky.
These preparations consisted in the
lighting of gas Jets on each side of his
Honor and in regulating the heat registers
not less than 70 degrees. At IL o'clock the
Judge took his seat, the counsel appeared,
Mr.. Hayne assumed heroic attitude
and proceeded upon his second week of
argument.
Attorney General Fitzgerald was not
present, he having been called to Sacra-
mento by the duties of his office, but his
place at the legal table was filled by United
States District Attorney Foote, who played
his role with the skill of a veteran, which
was that ofappearing profoundly impressed
with the wisdom of the remarks made by
his learned colleague. He succeeded admir-
ably in keeping AWAKEN fact much bet
ter than did some of the spectators.
Mr.. CARRIER kept his eyes steadily upon
Mr.. Hayne all day. His air was watchful
and his manner that of rich brown study,
the same hue as his hair. He is to follow
Mr.. Hayne, provided that Mr.. Hayne con-
cludes before the opening of the Paris Ex-
position in 1900.
Mr.. Herrin, with an expression of dis
taste, listened, and listened, and listened
Once in while he and Mr.. CARRIER ex-
changed whispered condolences, and this
depression from The monotous infections
OF Mr.. Haynes voice was apparently very
refreshing.
Mr.. Pillsbury sat beside Mr.. Hayne and
kept him we'll under his eye, or rather
| we'll over has eye, for his adversary was
standing.
The spectators, who had come to bask
in eloquence as does the lizard in sun
| shine. nodded and went out at intervals to
| keep themselves from falling asleep.
Mr.. Hayne began by asking: ''Was it
! the intention of the law 10 apply to all
tcorporations, foreign as well as domestic?
are not expressly mentioned; therefore
| the law does not apply to us?'
| The speaker combatted this position. He
argued that if the intention is TO refer to
| the power of corporations it does not make
| any difference as to the source of it's
power. Foreign corporations come into a
| State with their eyes open and with knowl-
edge of the limitations which would be
| applied to them.
IF the laws regulating State corpora
tions were declared invalid" asked Judge
McKenna, would foreign corporations
come in and be subject to them while do
mestic corporations would be exempted ?"
In reply Mr.. Hayne read from New
York decision to the effect that the State,
| having absolute power to exclude foreign
corporations altogether, may place such re.
strictions upon them as it may choose. 1t
does not lie in the mouth of any foreign
corporation to complain that it is sub
iected 10 the same law as others.
Judge McKenna was not. apparently,
convinced of the soundness of Mr.. Haynes
argument on this point, and he inter-
rupted again by asking Mr.. Hayne whether
he thought that the founders of the con-
stltution intended that 1t should apply to
foreign and not to domestic corporations.
Mr.. Hayne replied that if they had the
power to make it apply to foreign corpora
tions and not the power to make it apply
to domestic corporations, was there any
thing in that that would lead the court to
say that if they could not apply it to the
foreign corporations they should not ap-
ply it to the others as well?
Most of the afternoon was spent in read
ing authorities on this point, and at 5 80
the court adjourned until this morning at
IL O'Clock.