The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-01
Judge GrOsscup Criticisss Unit
ed States Supreme Court.
Decision in Chicago Traction
Cases Displeases Him.
ON THE POPULAR SIDE
Decided That Streets Belong to
the People.
Unable to Follow Action of
Highest Tribunal.

Chicago, Aug. Judge Peter s
Grosscup severely raped the United
states supreme court yesterday.
The highest judicial tribunal of the
nation was criticised for it's decision in
the ninety-nine year case by which 1t
was decreed that the streets of Chicago
belonged to the people.
In this decision the Washington jurists
reversed ruling handed down by Judg
Grosscup in the federal circuit court,
IN which the local interpreter of the sta
tutes held for the street railway people
claims.
Inc criticism was spoken by Judge
toSsscup IN the courtroom during the
nearing of arguments on the proposed
distribution of the securities in the new
Cnicago Railway company
II was day replete with sensations.
49, 1ttorneys mad shaken their fingers at
eacn otner, and, white with Indignation
nao 1nSinuated tricky maneuyers on the
part of eastern f1nanciers
others had stood up and openly con-
Iessed That the street railway property
on the North and West sides was onIv
SO much junk when viewed anart
from the traction settlement Ordinances
In which the city had been good enough
10 place valuation OF $29, 000, OOO
Ana In the midst of this superheated
Grosscup gave an off-hand opinion of
the tribunal that passes on the constitu-
tfonality of the acts of the American
mouse of commons and the United States
senate.
What Judge Grosscup said respecting
the reversal of his ruling in the ninety
nine year case was this:
That decision of the supreme court is
one of those instances where you see
where they go in and where they come
out. but where you can't follow them in
while they're in. The supreme court !
decision is in effect that the legislature
of the state of Illinois went to all the
trouble of passing an act to extend a
charter when thereby it simply accom-
plished feat that the company owning
the charter could have achieved with
much more ease merely by going through
the routine of applying to the secretary
of state for an extension"
PrOvOI5es the Judge.
Attorney Burling, representing the
original underlying companies, had re-
ferred to the rights set forth in the
ninety-nine year case ruling by the
United States high court, which prevok-
ed Judge Grosscup to utter this criticism.
1t created a mild sensation in the
courtroom, where were coHgregated
scores OF prominent lawyers from both
Chicago and New York.
Judge Grosscup later said that he
meant no criticism of the ma
tons highest court, but that what he
said was his own personal opinion of
the ruling, and that. 1t would have to
stand.
BY some of the lawyers it was re-
ceived with a shock. Some interpreted
Judge Grosscup's remarks to mean that
the high court had wabbled in this case
and had not arrived at it's final dictum
by process of clear reasoning.
His statement that they could see
where the case entered the supreme
court" and where it came out, but
were at a loss to understand what hap
pened in the interim" was susceptible
of several constructions but none of the
lawyers made bold to interrogate the
judge as to his own mental attitude at
the time of voicing the criticism.
None asked him whether he meant by
this statement that the high court had
struck off at a tangent in order to be on
the popular side of the dear peepul."