The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-17
Mr.. Kern Cites Further Authorities to
show Legislature Can Regulate
by Special Enactment.
GENERAL HARRIS0N'S SPEECH
HE MAKES 4 GENERAL ARGUMENT
ON LEGISLATIVE GRANTS.
Raises Point that the Law Could Not
Possibly Apply To Any other city
Mrs. Harrison Present.

The hearing in the federal court upon the
constitutionality OF the law fixing cents
as the legal street railroad fare raised by
the application of the Central Trust Conn
pany for an injunction, ended al $3.50 o'clock
yesterday afternoon. Before adjourning
court Judge Showalter announced that he
would decide the case as quickly pos
shle. probably to-day. This was in answer
TO a plea made by General Harrison at the
close of his argument. in which he recited
the complications that have arisen under
the new law and pressed the motion for an
emergency restraining order. so framed as
TO protect everybody. Judge Showalter said
last evening that he would probably remain
in the city until he renders his decision
in the case. unless he should find the case
more complicated than he believes ii TO be
and it should require several days 10 make
up his decision.
1t was known that General Harrison
would make the closing argument for the
Trust Company yesterday and the court
room was crowded TO suffocation. large
percentage of those present being lawyers.
and few ladies were sprinkled among the
audience. Among these at the afternoon
session of the court was the wife of Gen.
Harrison. who sat quietly in the corner
near the attorneys tables and probably not
more than three or four people knew that
she was in the room. She wore a very
plain street costume of brown silk plaid.
with a black velvet cape trimmed in os-
trich feathers about the collar. After the
crowd had dispersed from the courtroom,
she was introduced TO Judge Showalter and
chatted with him pleasantly for a few min
utes.
Court opened at 10 O'Clock in the morn
ing and after Mr.. Kern had occupied half
an hour i'm supplementing his argument OF
the day before, General Harrison addressed
the court, speaking until u o'clock. When
court reconvened at O'Clock he resumed
his argument and closed at 800. thus talk
ing three hours i'm ALL His method Of de-
livery was quiet for the most part. though
he grew emphatic at two or three points.
He devoted himself almost entirely TO argu-
ing upon fundamental principles OF law and
paid but little attention TO citations. though
he used two or three cases a basis In
making points. The most interesting part
of his argument TO the general public Is
found In the first few paragraphs which
he devoted To the general nature OF constitu-
tional law and the grant OF legislative pow
ers. He touched lightly upon the conten-
tions OF opposing counsel giving more at
tention to the point raised by the attor-
ney general than TO any other. In handling
this he denied fatty that the prosecuting
attorney is a judicial officer and reasoned
that none of his functions were judicial. ON
this point he quoted the decision OF the
Federal Supreme Court in the case of the
Farmers Loan and Trust Company against
Reagan. in which the attorney general OF
Texas was en1oined. He raised technical
point that was regarded as OF much inn
portance by his associate counsel. This was
the fact that the law was declared TO be
Of a general nature by the Legislature
when IL undertook to classify the city in
stead of naming ii and that at the same
time il made IL impossible for IL 10 ever ap-
ply TO any other city than indianapolis by
confining its operation 10 cities having over
1000 population by the census of 1890. He
declared that matter how many cities
might attain this population in the future,
no other city had il in 1890.