Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-08-04

in "a U. s.. 123. Mum agt Illinois Every
statute is presumed to be constitutional
The courts ought not to declare one un-
constitutional unless 1t is clearly SO. II
there Is any doubt. the expressed will of
the legislature should be sustained
The great fact upon which the bill rests
is that the legislative and executive de-
partments of the government have seen
fit to enact statute which those against
whom 1t is directed refuse to obey; and no
asseveration in the answer of the party
complained against, that in his opinion the
law is unconstitutional. upon the grounds
stated though supported by never so MANY
ex parte afidavits, will justify court in
adopting that opinion in the absence Of le-
gal evidence.
1.-The objection Of the defendant, which
was well taken, that much of the matter
contained in the affidavit of Mr. Birney
was hearsay, equally applies to almost
every averment in the ex parte affidavits
on behalf of the defendant. Before the
court can lay it's hand upon the statute
and pronounce 1T 10 better than waste
paper there must be evidence produced in
the legal manner to sustain the contention;
evidence taken in the presence of the op-
posing party, who had the opportunity of
cross-examination. and the right to ex-
emine and scrutinize the books referred to,
and study the methods in accordance with
which the business of the company has
been conducted
1.-THE presumption in favor of the con-
stitutionality of this statute might be diff
IL
that the bill had Fever been approved by
the President, had been signed by him
after the adjournment of Congress. or that
the enacting clause had been omitted by
b,unGer.
"a somewhat modified view might be
taken II the act, in terms. had required
the service to be rendered by the company
without any compensation at all But in
the case at bar the statute appears on It's
face to be as regular in form as the pro-
vision in the act of June s, 1896, reducing
the price of gas in Washington and George
town.
IL of the act of the 10th of June 1896 ex-
tending the routes of the lexington and
Belt railways, which briefly declares, pro.
vided, that within the limits of the Dis
tr.ct of Columbia six tickets shall be sold
for % cents. The constitutionality OF
srch statutes, entirely regular in form,
upon the grounds here indicated. can only
be attacked by matter in pals, which must
rise to the rank of evidence, unobjection-
atle in form and substance,
In these reasons l am compelled on the
presentation CT the cases to disregard the
attack upon the constitutionality of the
clause before me; and to examine the ap-
plication for the injunction in the forms in
which it is asked upon the assumption that
the enactment is valid.
If the case were less clear and felt iusti-
fed in basing my action upon consdera-
tons OF relative hardshipS, / should grant
the writ. For 1t seems plain to me that
the defendant who will be protected by
adequate injunction bond. responsible for
the difference between the statutory and
the former rates in the event of the In
junction being dissolved, will suffer less
from the granting Of the injunction than
the great number of subscribers to the teIe-
phones, who would be without adequate
remedy for the intervening injury, in case
the court, on final hearing, shall grant the
writ
l have carefully abstained from express
ing any opinion as to the merits of the op-
posing contentious of the parties as to the
reasonableneSS of the statutory rates; he
cause that question is not BOW properly
before the court; and l disclaim all pur-
pose of criticising the past management
by its officers Ct the business of the COM
pany or the integrity of its, officers, for
these matters also are outside of the legiti-
mate scope of the present motion
shall grant the orders requested for the
temporary injunction until the final hear
ing, in the form prayed for in the bill.