The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-08
STRUGGLED IN ITS BRIEF
CITIZENS STREET-CAR COMPANY
HAS AN ANONYMOUS ONE FILED.
Queer Proceeding to Get Before SUI
preme Contradictory General
Files a supplemental Brief.


The attorney general yesterday filed in
the Supreme Court a supplemental brief in
the Scent fare litigation. This action was
brought about by his discovery that the
Citizens Street-raflroad Company while de-
Ginning to participate in the case had
placed in the hands of individual members
OF the court an anonymous brief in answer
to the argument made by him before the
court, as well as copies of the argument
made by General Harrison, the printed
briefs by Messrs Miller and Winter and the
decision of Judge Showalter in the case be-
fore the Federal Court. These other docu-
ments, it appears, were asked for by the
judges, but the anonymous brief was gra-
tuitous.
The attorney general grows somewhat
caustic in his supplemental brief over this
unusual method of getting arguments be-
fore the court and in replying to the argu"
ment of General Harrison. On the first sub
ject he says:
mo copies of either or any of these pa
pers were furnished to or for the attorney
general of the State, whose duty it is to
uphold and defend the laws of the State
and who appears of record as an attor-
ney in the case against the contention of
these briefs, and 1t was rather an accident
than otherwise that he learned of their
existence. Undoubtedly, this court will glad
ly avail itself in this or any other case
Of any information, or suggestion that Will
assist 1t in reaching a correct conclusion
but in view of Rule "a of this court it
would have been the better practice to
have filed the briefs with the clerk, as in
other cases, unless, forsooth, 1t was consid-
cred desirable to Smuggle information and
suggestion to the court in such manner
that no opportunity, would be afforded to
answer the suggestions made, in which
case the practice might, perhaps, be re-
garded as desirable. i cannot think how
ever, that. as a rule, the practice is one
In replying to General Harrison he says
he is unable to see in such legislation the
3-cent-fare act return to an era of special
legislation for the benefit G corporations
and special privileges and ADDS:
1T is a curious not to say extraordinary
circumstance that the attempt to make a
breastwork Of the Constitution, behind
which TO wage war is, as rule, not an
effort by the law-abiding citizen to protect
himself, under the provisions of the bill Of
rights, against the eneroachments of the
government, but is usually an application
by an individual criminal, whose hand has
been laid upon the head or throat of his
neighbor, or by combinations Of individ-
nails, in a legal entity, whose hands are in
the pockets of the people and are desirous
of protecting their vested rights to keep
them there, or to avoid bearing their fair
share of the public burdens"
He makes the following reference to the
stock-jobbing operations of the company:
THE trouble in the case at bar is not
so much that it creates a Well-grOunded
fear that the barriers OF the Constitution
may be torn down and an unlimited flood of
corporations created, with special powers
and special privileges, or under special re-
strictions, as that the gross receipts in all
railway companies in cases governed
by the law under consideration, shall be re-
duced 40 per cent, and thus the investors
in such corporate capital shall be deprived
of what they are pleased to call a vested
right, under which an original investment
of $1,000, 900 may be watered and cultivated
until, at the expense of the public upon
which it grows, it,can be fruitful and multi
ply so that it can produce a dividend-pro-
ducing plant of $9000.000. With any such
agricultural, horticultural or stock rails
ing process of farming have not felt that
1 was at liberty TO sympathize or cooper
ate