New-York tribune., 1908-01-23
CHICAGO RAILWAYS CASE UP.
Judge Grosscup's Action Criticised in Petit
ton for Appeal.

y.os,,neton Ian 22-The Chicago street rail-
road situation was thrashed over at length in the
supreme Court of the United States to-day in con-
nection with an effort of number of persons who
claim 10 be shareholders in the West Chicago
Street Railroad Company to prevail upon that
court TO grant appeal from the decision or
Judge CrosscIp, of the United States Circuit Court
Of the Northern District of Illinois, ordering the
reorganization of the railroad system of the city
in accordance with an ordinance chartering the
Chicago Railways Company
The question at issue was the propriety of gram
Ing an appeal direct TO the Supreme Court and il
was charged in behalf of the city. which opposed
the appeal that the effort mere subterfuge
to procure delay beyond February l, when the re-
organization company's rights VIII lapse The
question was urged at length by Attorneys Craw-
ford and McAuley for the petitioner and by Attor-
news Wickersham Gurley and BURY for the city.
Mr. BURY presented petition for the striking
out as .'scandalous'' Of the part of the petition
which casts reflections upon Judge Grosscup's con-
duct in the matter of the reorganization. The
statement filed by Mr.. BURY was introduced by
the quotation OF some OF the petltlons reHections
on Judge Grosscup.
Mr.. Crawford declared that the Circuit Court
never had taken any steps toward compliance with
the mandate of the Supreme Court directing that
court to recognize the rights of the West Chicago
company to the continuance of the occupancy OF
the streets Of the city. Not only had the mandate
not been obeyed. but every step taken looking TO
n reorganization for the purpose OF thanking
nd eyading the Supreme Court decree and OF
dering IL impossible of enforcement; decree of
a lower court, no consent of stockholders can in
terfere he declared. with right have the
decree entered and right to the streets de-
fined" He said the West Chicago company
able to meet all its obligations and characterized
the new company the heir to the living and
the dead"
Mr Crawford spoke of Judge GrossCup's interest
In the reorganization declaring that that official
had taken credit for his activity in that interest
He declared that the city OF Chicago had arbrari-
" fixed the price of the various property instead
of proceeding by appraisement and in addition 10
being an unconstitutional proceeding this amounted
10 the confscation of the property. It
Inarkable that the ordinance providing a reor-
ganization should require that it be approved by
Judge Grosscup. who. judge. sitting in the. Cir
cult Court. had in charge the administration of
the affairs of the railroad company
Mr. Wickersham explained the necessity for
haste in the prosecution of the present hearing
saying that under the ordinance all the rights
granted the company would inure another
and rival company February next unless the
new company come into possession at that time
The result would be the loss of millions Discuss
ing the legal points involved Mr.. Wickersham con-
tended that the order Of the Circuit Court ma kes
no effort to divert destroy any property rights
The whole ordinance is. he said based upon the
recognition of existing interests He did not there
fore believe that the Supreme Court had any 1uris
diction.
Mr. McCauley replied briefly on behalf OF the Pc
titioners and the court took the questions under
adv:sement