The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-10-25
CASE WILL BE TRIED
DECISION AGAINST THE PULLMAN
PALACE CAR COMPANY.
Illinois Supreme Court Sustains the
Action of Former Attorney
General MoIoney.

CHICAGO, Oct. A.-The Supreme Court
of Illinois to-day decided that the action in
stitutcd by ex-Attorney General Maurice II.
Moloney during his term of office to compel
the Pullman Palace Car Company to re-
strict its operations to it's charter lmita-
tions should stand, and remanded the case
TO the Circuit Court of Cook county, where
1t will now be tried. Ex-Attorney General
Moloney had contended that the Pullman
Company was Incorporated simply for the
purpose of making, selling and leasing rail-
road and street cars. His object was to
compel the company to retire from the real
estate, gas, w9ter, heating, brickmakng
and other enterprises conducted by it at
the town of Pullman and in Chicago The
case fought by counsel for the com.
pany and was thrown out by the Circuit
Court. Counsel for the state demurred and
appeal was taken to the Supreme Court,
which has decided in favor of the former
attorney general
John S. Runnels, general counsel of the
company, sad to-day that the cor
poraton always believed itself justified
fully, legally and by the terms of it's char
ter, in all its actions. 1.-THE town of Pull
man was built for the convenience of the
Pullman operatives" he declared. 'The
step was not taken without consulting good
lawyers, among them ex-Chef Justice of
the Supreme Court of Illinois Lawrence 1t
should also be remembered that the courts
that have passed on the case have not been
unanimous. Judge Baker, of the Circuit
Court, upheld the contentious of the COM
pany and the Supreme Court is not united
in it's declaration. The case has been before
the Supreme Court three years The deci-
sion of Judge Baker was affirmed in part,
upheld in part and the case was remanded
for further proceedings in the Circuit Court
The case went up on demurrer to our plead
ings, which was overruled. Judge Baker de-
cided all points in favor of the company
except the right of the company to hold
stock in the Pullman Iron and Steel Com
pany.
THE company's defense was twofold -
first, that the liberal special legislative
charter of the company gave it the right to
hold such real estate as the board of di-
rectors might deem necessary, and, second
ly that the time for the State to object
was when the town was built, not fourteen
years afterward. l presume that the Cir
cult Court will give the company a rea-
sonable amount of time in which to com
ply with the law as construed by the Su-
preme Court. The company will not at
tempt to disobey the orders of the court.
Among the properties the Pullman Palace
Car Company is charged with holding and
using in violation of its charter rights are
the following: The Pullman block, on
Michigan avenue; the town of Pullman. in
cluding buildings which are rented, fur
nished homes to 1900 people, all the streets
and alleys of Pullman, the sewerage sys-
TEN, school houses, two churches, thea
ter, market hall, the Arcade building
the Hotel Florence, a gas plant, the water
system, large number OF cars upon which
liquors are sold, large bodies of vacant
land. the stock of the Pullman Iron and
Steel Company, the stock of the Union
foundry, the stock of the Pullman Car
Wheel Company, the stock OF the Southern
generally alleged that the company exer~
cises municipal power in the town of Pull
man.