The Caucasian. (Clinton, N.C.) 188?-1913, 1897-04-15

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ws-ilugFon Sin
The sarremc Cour; room aud the
coTrid"rs sitkoat we're crowded TO
day with spectators attracted by the
appearance Of Mr.. wm J. bryan %
counsel n case. Tso lines 90 peo
pie, many of ;hem ladies waited out-
side Of the door after 'h. caurt room
had ben allied. aud ~hen Mr.. Bryan
appeared a. noon they appiAudsd
ham.
The case on hearing involved IN.
consiltuilonAliiy of law of the
State az S-braskA. enacted Apr,l
Il. 1898, entitled An act Co rega.
lat. railroads. 10 classify ft~tgh,..
To hx reasonable mex mum rates Ca
be charged iori ih. trobspafiAtion Of
'r-ights." etc.
Several railroad companies ~cre
arrhy-d against IN. State beard of
transportation. tho Union Pacins at
Their head. with James 4. Carter q.
chief counsel. IL MAS the oonts sntior
of the railroads that the purpose Of
the legislature WIS not 10 ia ,h.
IN n IN sta FaF F.ss fss
but to carry goods upon such terms
as the farmers OF NebrAska could
al ord iopAy. The case Was appeale led
10y the board Of transportation from
the nitsd States circuit court for
the district OF NobIAskA. and Mr..
Bryan was associated with the Al
torney q sn.rAl Of the State as coun-
sci.
HIS ArPEARASCE ASD ARoCsGsT.
IL WAS twenty minutes after one
when Mr.. Bryan addressed the court
He wore a black cutawAy coat and
black string tie. In beginning be
said that II WAS unfortunate that
there WAS no established rule by
which the court WAS 90 determine
what were reasonable rates. /: must
be presumed, however, that . legis-
lsture IN fixing what It held 20 be
reasonable rates acted IN good faith.
Mr.. Carter had held that there
were three linds Of ra'es-reasona-
ble, not reasonable aud unreasona-
ble-leayiDg spac. IN which mo
tive could act, but Mr.. Bryan con
tended that there we're but too
kinds Of fratss-rensonAble aud IN
reasonable and that n court In pas
sing upon rates could not consider
the motives of n railroad. q G Smpany
which erred must suffer the conss
quenees.
~ railroad is," be sAid, ito .
certain extent, q monopoly, and the
people cannot depend on the lass
of competition 60 protect them from
the eIactions Ct monopoly"
In deciding what vas reasonable
rates, he argued, court must not
base them on the original cosl OF .
road or on IFS stocks and bonds. but
on its present value.
Farmers and ttorekeepers, vhoss
property fell in value, could no,
charge higher rates, not having q
monopoly and not being able TO "a
ter stocks and bonds.
on THE RIGHTS or COMPUTATIONS.
| When he came 10 discuss the right,
OF corporations, Mr.. Bryan becams
somevh hat oratoricAl. He said: "li
few corporations can secure Q mo
nopoly and not be governed by The
same rules as others. the people an
the victims OF those monopolies.
1.-The rights of citizens TO reason
able rates are as sacred As those ol
railroads 10 reasonable profits.
The court cannot assume that in
dividusls would raise up in then
midst q fictitious individual, Q cor
porAte parsonage and endov IL with
rights higher than tose OF the cres
tors"
Mr.. Bryan argued that court,
should not protect stock and bond
holders in tsmpts 10 secure pro6ti
on fictitious capitalization. Th,
stock aud bondholder Was presumed
TO invest with his eyes open; IL hs
made a mistake IL was no duty Of {
court 10 protect him from the conse
quences Of that error.
: The States were legislaiing TO pre-
vent fstiiious capitalization. but d
courts upheld right to profits OF
fictitious capi,slizsiio they encour
D aged and nulified the policy Of tn
States. IL the courts held that cor
D porations must take their chance
Z like individuals in butioees the,
c would bscome interested, and vor
for these things, which would ten
TO promote the general welfare.
HIS coScLUDISo WORDS.
he added: "lf there can b SON
) Who can exempt themselves from u
general conditions, there 10 temp
/. taiion 10 them to endeavor 20 PEI
y pefuate those conditions"
A In conclus on. be declared that In
: people'who gave value 10 . road b
= using IL we're ss much entitled {
a consideration as those Who contrib
|. ute d to build il. lest there vas .
A lequ.lity for citizens before th
A courts.
! Mr.. Bryan spoke:u :until 2 o'eloel
!, and when he flashed the crow
swept from the court room With
ir rush.
President Mckinley holds ont Il