New-York tribune., 1896-01-25
GENERAL HARRISON SPEAK,
A GREAT THRONG TO HEAR HIM ~ THE
SUPREME COURT.
HIS ARGUMENT IN THE CALIFORNIA IRRIGATloN
CASES LISTENED TO WITH MARKED IN
TEREST AND ATTENTION Mr. CHOATE

TEREST AND ATTENTION-MR. CHoATE
BEGINS HIS ADDRESS IN OPPOSITION.
Washington. Jan. 2i-The fact that only one
House OF Congress In session to-day may have
accounted for the great crowd that pressed about
the chamber OF the United States Supreme court
thronSing the corridors until they were choked 50
that passage through them was attended with
great difficulty. and filling every available nook In
the courtroom itself. But the fact that ex-Pres-
iient BENJAMIN Harrison had been advertised to
appear advocate before the Court In the Cai-
ifOrnia irrigation cases was responsible ior much
II not most Of the large attendance to-day Tnere
many members of the Bar within the rail, the
cases presenting to them questions OF much IN
terest, involving. they DID. matters OF const-
tuuonal construction. 1t was announced before
he court was opened that the time for argument
had been second time extended and that eisAt
hours would be devoted to the consideration OF the
cases. This extension 1t was expected. would per-
nit y. Percy Wright. who has had charge OF the
litigation In California. to take part In the arsu
men to-day and give Mondays session to Joseph
II. Choate and ex-Judge J. f. Dillon in which to
close the argument for the two sides Nhen the
court convened Justice Brewer president OF the
Venezuelan boundary Commission. was not IN MS
seat. being detained by the regular weekly meeting
Of the Commission. lie came In. however. few
minutes later.
Ex-Chlef Justice Rhodes. Of California, resumed
his argument in support OF the irrigation law ana
the validity OF the proceedings OF the several as
trlct Boards OF Trustees under It, He reviewed the
history Of legislation similar to the wright law ior
the construction o, public improvements In vafi-
ous parts OF the country. to illustrate the conten-
ton that not in i:self peculiar. although APP
piled 20 irrigation and that this analogous legis-
aton had BEEN like the Wright law. sustained by
the courts In the course OF his argument Mr..
Rhodea referred to frauds Of various kinds perpc-
tratcl in New-York state the State OF my birth
and boyhood." he continued. the state which !
hope my friend"-turning 70 Messrs. choate ana
Dillon. who slt together at his rght-"may some
/ lay represent In the United states senate The
TWO bowed 70 each other. If to compliment
each other on the honor paid by the speaker. and
,he audience vas ief, to guess FOR which one Il was
really Intended But as Mr. Choate sat nearest
20 MIR Rhodes. the consensus Of opinion was that
De 10 his mind.
THE EX-PRESIDENT IN GOOD FORM.
| Mr Rhodes spoke almost An hour. and was fol-
lowed hy cN-Prcsdcnt Harrison. who also airo-
,aicd ihc c1nstituiionaty ~ the law. Is he arose
| - llrcss the Court o1c-th'rd Of whose members
were elevated - their present exalted positions by
his a., while President of the United States. he was
the ylosure u every eye ana the subject ~ un-
| a..licd interest Since leaving Washington on
March l,fa. time has dealt kindly and gently with
/ tlr ,N-Pres!dcni To th" casual observer he APP
, ,.ar,d IN no way different from what he did then.
/ Close Inspection might reveal Jew more or deeper
lines In the face. a slightly paler t.nge Of skin and
har hut tho eye az bright as ever the voice "a
clear anl penetrating In hls earlier days. and the
General physical condition fully equal % his best
il.s argument showed that he had lost none OF that
power OF fccitous expression or lucid statement OF
fact " principle Which his reputation as lawyer
| and statesman IS founded
! fIe began his argument with The use or an ex-
pre.si.c military ngurc Referring tothe analogies
Of legislation and judicial decision. so fully set forth
hv ns associates ia their preparation OF the case.
| 80. II anl1 |
| follow them In ihai linc OF research. Frequently
D g. lnucd during the war observed that after
! the artillery had expended large quantity OF ann
mun.ilon lu sh"lllng the woods, 10 develop our ad-
,ersary the battle !isclf was af"rward Fought out
| on very narrow grounds. And 40. IN these cases.
| may II please Your iIonors think there are Jew
great principles-a to be found In the decisions OF
| This Cotri-whi n Will determine them. Notwth-
standing all that has been said about these cases. as
10 their nature they are In TACT nothing hut lax
| cases. rcs,utug ,he question whether or not 'he
state has power 10y its legislative act to take poT
lion OF hc citizens property Tor the use of the pub
lie II there is anything clearly established by the
decisions of this Court. II IL that the taxing power
the State Is Il fun one. the only Limitation OF wh'cn
- 10 be found IN the Constitution oi thc Sate OF %.
The United States. II th" power - levy thc tax -
challenged. the Court VIII look for me Hmtlns
clause IN the State or Federal 'onSt'utloh II u!r'e
! Is NOT found something that cOntraYenes The power
as used. then It must pass the Court ln,ha"snsed
As 20 tne subject ot me Jaw, ''n' | - ,,r r'' -,
said that I'm his opinion there was no matter OF Il
clearer public ani purpose tldll tlt1 o. 50
| tion and II was fully competent lpr 'hc H",tc ny
| legislation To take charge or the water suPpS ip'
me purpose Of using IT under regulations for the I'M
uroyrm.ut ami Development of the arid lands within
| il limits II this legislation was 80 constructed as
- Ne within the limitations of the States authority
| and poWor then IL must stand. "This court he
! said TN An opinion of Justice fIed, 50 olieh
! ouotcd is M, a harbor of refuge for ships laden
with passengers dissatisfied as 10 the eApediency or
| Gcslrabiliiy OF state legislation
General Harrison proceeded 10 discuss the nrst
and second sections OF the law to demonstrate MS
assertion ;hat the legislation was wholly wlthn the
Limitations placed upon the authority ana power OF
State. and that the Supreme Court OF the Statc
| had SO construed the statute several times, wnlch
construction he Rail became "A part q; IN" statute
for all the purposes of the supreme Court or IN
! United States. General Harrison occupied the at
| tenilon of the for few minutes less than an
| hour speaking without interruption. Ills argument
was purely legal one, and because OF that Tact.
was to some extent n disappointment TO MS listen
|
| George H. Maxwell followed. speaking for the ag-
| Of the XlNth Amendment against he operation OF
| the Wright law. and 10y &. &. Wright the author or
| the act. In suv-or OF the law.
| Mcssrs. Max and Wright did not require all
| the remaining OF the session in which To make
| their arguments and Mr.. Choate began the closing
| address In opposition TO the law AT 3:D. speaking
! fifteen minutes before the court adjourned until
| Monday. The proposition on which ne based MS
| argument he said. that irrigation for a district
which did not need II not public use or ncces-
| sty. and that law which provided an irrigation
the contiguous property pay for its construction,
Ni1