The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-11
EVIDENCE NOW TO BE TAKEN.
Both Sides Will Probably Agree on n
MASTER,

City Attorney Kern says that the decision
of the Court of Appeals in no wise affects
the main questions in the 3-cent-fare case.
and that the next step will be to introduce
evidence and proceed to a final decision,
involving the granting of a permanent in
junction. 1t is the practice for the court
to refer the taking of evidence to a mas
ter. City Attorney Kern yesterday after
noon conferred with Judge Baker about the
appointment of a master. The judge said
that he did not care to take this step I'M
less it satisfactory to all parties, as
Judge Showalter has acted in the case thus
far. Mr.. Winter, one of the company S
attorneys, informed a Journal reporter that
he supposed an agreement would be reached
on this score, as it is customary for the
attorneys to agree to who shall be APP
pointed. If an agreement is not reached
Judge Showalter will appoint the master.
Mr.. Winter said that he had not read the
citys answer recently and was not clear
as to what evidence would be introduced by
the company, but he supposed some show
ing would be made as to the reasonableness
of the Scent fare provided by the law. Aft
err a decision is rendered with regard to
the granting of permanent injunction an
appeal will at once be taken to the United
States Supreme Court. 1t is not supposed
that Judge Showalter's decision in granting
the temporary injunction will be changed
on the final hearing; in other words, it is
not thought likely that cents will be de-
clared the legal street-car fare before the
case gets into the United States supreme
Court Mr.. Kern believes that the fact
the Court of Appeals has refused to enter
tain jurisdiction will aid in advancing the
case in the Supreme Court. and that the
entire subject may be settled by next sum-
attorney said that
not know of anything that the company
could do to delay the proceedings. lie said
that the city will insist that the case move
as rapidly as possible.
"As l understand the decision" said City
Attorney Kern, the Court OF Appeals holds
that it has no jurisdiction and dismisses
the city'S appeal from the order for a tenn
porary injunction. 1t does not change the
status of the main questions involved and
evidence. After a master IS appointed u
suppose two or three weeks will be all the
time required in hearing evidence, providing
the Street-car Company has any to intro
duce. If evidence is introduced | suppose
they will go into the reasonableneSS OF the
law fixing the fare at cents; If the in,
junction is made permanent, the city Will
at once go to the Supreme Court.
There has been some mlSapprehenSlon
about this question of appeal. Some have
asserted that the city might have appealed
to the Supreme Court. That is not true;
an appeal from a temporary injunction
cannot be taken to the Supreme Court. In
vided for the law gave it jurisdiction over
appeals from temporary injunctions in GER
tain cases. Prior to that there was no court
to which an appeal from temporary in
junction could be taken. In the Sixth and
Eighth districts the courts had entertained
appeals from temporary injunctions similar
to the one under question, although the
point of jurisdiction had not been raised.
Under the law. the Court of Appeals would
have jurisdiction over an appeal from a
temporary injunction. if from permanent
injunction. Under the law the court would
not have jurisdiction if a federal constitu-
tional question were involved JAS Judge
Showalter, in rendering his opinion, was
considering state constitutional question,
our contention was that no federal question
was involved, and presumably that the
Court of Appeals would have jurisdiction
over an appeal from a final decision. 1t
was a close question. The fact that the
Court of Appeals has refused to entertain
Jurisdiction can be used as a lever in get
ting the case advanced in the Supreme
Court as we will affirm that we have gone
to the Appellate Court and that 1t has
refused to pass our case.