The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-07-23
That LOng-DcIayed Decision by Judge
ShowaIter, of the United states
Circuit Court, Arrives.
INJUNCTION STILL HOLDS GOOD
THOUGH THE GROUND FOR 1T Is
SHIFTED IN PART.
Hugg Law Would Disturb the COm-
pamy's Contract Rights-Case
VIII Be Appealed.

The long-looked-for decision of Judge
Showalter, of the United States Circuit
Court, arrived yesterday morning, and the
court declines to change the former de-
cision in the S-cent-fare case. The injunc-
tion against the enforcement of the Hugg
law therefore still stands and cents re-
mains the legal car fare until the Supreme
Court of the United States shall determine
differently
The injunction, it will be remembered,
was granted April 20, restraining the city,
the company and the prosecuting attorney
from enforcing the Hugg law. Afterwards
a case was got before the State courts that
made a square test of the law, that of the
city against John n Navin for violation
of the ordinance imposing a fine for refus-
ing to pay cents fare. This was brought
before the Supreme Court of the State. and
that body by unanimous opinion declared
the law valid Judge Showalter had based
his decision mainly upon the ground that
the law was special legislation of eharac-
ter repugnant TO the Indiana Constitution,
inasmuch as it was so drawn that 1t could
never apply to any city but Indianapolis.
1t was supposed that he would follow the
practice Of the federal courts and accept
the Interpretation of the Indiana Constitu-
ton made by the Indiana Supreme Court.
Therefore the city moved for dissolution
of the injunction, and this argued dur
ing the last week in June. In his decision
yesterday Judge Showalter lays more stress
upon the contention that the law disturbs
the contract rights of the company and
denies to it the equal protection of the law.
The decision gave the plaintiffs leave to
file a supplemental bill, bringing in as par
ties defendant all those people who had
filed suit under the Hugg law to enforce
the civil penalty of $100 against the COM
pany for demanding and accepting more
than cents. Yesterday Mr. Winter, for
the company filed this supplemental bill
asking that Messrs. Fred Wegener. C. L.
Payne, S. r. Miller, Douglass Mitchell and
E. e. Dill be enjoined from prosecuting
their suits under the law.
The case will be appealed to the Supreme
Court of the United States at once. The
attorney general yesterday hunted up ]. w.
Kern, special counsel of the city, for this
purpose, but found that he had his hands
full handling the Democratic convention
Il supposed" said the attorney general
yesterday, when / returned home and
found that the decision was not yet rem
dered that the judge was seeking some way
10 sustain himself. We shall undoubtedly
ght the case through to the Supreme
Court as early as we can get at it"
Mayor Taggart and counsel for the city
expressed disappointment at the result and
a determination to push the case through.
ny fight has been in a preliminary stage
far. 1t will come up for final hearing
n the question of making the injunction
permanent before Judge Showalter, and x
his decision is again against the city, as
seems probable, an appeal will be taken to
the Supreme Court.