Evening star., 1897-04-06
ATTRACTED A CROWD
Many Persons Gather to See Vim. ]. Bryan
at the Capitol.
The Defeated Candidate for President
Argues q Case Before the
Supreme Court.

The Supreme Court room and the corri-
dors without were crowded today with
spectators attracted by the appearance of
Mr.. VIM. j. Bryan as counsel in a case.
Two lines of people. many of them ladies.
waited outside of the door after the court
room had been filed and when Mr.. Bryan
appeared at noon they applauded him.
The case on hearing involved the con-
stitutionality of a law of the state of Ne
braska, enacted April II, 1893. entitled IAN
act to regulate railroads, to classify
freights, to fix reasonable maximum rates
to be charged for the transportation of
freightS," etc.
Several railroad companies were arrayed
against the state board of transportation,
the Union Pacific at their head, with James
c. Carter chief counsel. 1t was the con-
tentiOn OF the railroads that the purpose of
the legislature was not to fix the maximum
rates to prevent eXtortion, but to carry
goods upon such terms the farmers Of
Nebraska could afford to pay. The case
appealed by the board of transporta-
tion from the United States circuit court
for the district of Nebraska, and Mr.. Bryan
was associated with the attorney general
of the state as counsel.
His Appearance and Argument.
1t was twenty minutes after one when
Mr. Bryan addressed the court. He wore a
black cutaway coat and black string tie.
In beginning he said that 1t was unfortu-
nate that there was no established rule by
which the court was to determine what
We're reasonable rates. 1t must be pre-
sumed. however, that legislature in fixing
what it held to be reasonable rates acted in
good faith.
Mr.. Carter had held that there We're three
kinds of rates-reasonable, not reasonable
and unreasonable-leaving a space in which
motive could act, but Mr.. Bryan commended
hat hsr hilt fyxn in6 of ra af.a,--
reasonable and unreaSOnable-and that a
court in passing upon rates could not con-
slider the motives of a railroad; company
which erred must suffer the consequences.
"A railroad is he said, Ito certain ex-
tent monopoly. and the people cannot de-
pend on the laws of competition to protect
them from the exactions of monopoly"
In deciding what We're reasonable rates
he argued, court must not base them on
the original cost of a road or on its stocks
and bonds. but on its present value.
Farmers and storekeeDers, whose prop
erty fell in value, could not charge higher
rates, not having a monopoly and not being
able to water stocks ard bonds.
On the Rights of Corporations.
When he came to discuss the rights oil
| corporations, Mr.. Bryan became some
| what oratorical. He said: "If few cor
| porations can secure monopoly and not
! be governed by the same rules as others
1
olies.
| The rights of citizens to reasonabI.
| rates as sacred as those of railroads tC
| reasonable profits.
| The court cannot assume that individ
| uals would raise up in their midst ficti
| tious Individual. corporate parsonage, an
| endow it with rights higher than those o
| the creators"
| Mr.. Bryan argued that courts should no
| protect stock and bondholders in attempt
| to secure profits on fictitious ca capitalization
| The stock and bondholder was presume
| mistake it was no duty of a court to protec
| him from the consequer of that error.
The states We're legislating to prevent fic
| titious capitalization. but If courts uphel'
| a right to profits on. fictitious capitaliZa
| tion they encouraged and nullfied the pol
icy of the states. If the courts held tha
| corporations must take their chances lk
| individuals In business they would becom
interested, and work for these things. whic
| would tend to promote the general welfare
| His Concluding Words.
He added: IF there be some who can ex
empt themselves from the general condi
tions. there is a temptation to them to en-
deavor to perpetuate those conditions
| In conclusion. he declared that the peopl
who gave value to road by using it wer
as much entitled to consideration as thos
who contributed to build it, lest there wa
no equality for citizens before the courts.
Mr.. Bryan spoke until 2 o'clock, ard whe
he finished the crowd swept from the coul
room with rush.