The Detroit times., 1912-02-24
SHOWS HOW PAN pnAnS
HAVE RULED COURTS
Continued from p.s. op.,.

1
OF the outcome of his townsman's
case, published a scorching article,
charging that each election has seen
the hoisting OF railway attorney 10
the supreme bench and when that
body was to the satisfaction of The
Missouri Pacific. the onslaught to Kill
the Oglesby case began"
Inc editor was summoned aid
| lined $500 and costs for contempt.
When this news reached Warrensburg
the citizens collected and telegraphed
the fine. When the editor returned
home the people met him with a brass
band and made speeches In the pub.
lie square. Oglesby, then working In
livery, was induced to run for state
railroad commissioner. He was elect.
ed, running ahead of his ticket.
Cites California Cases.
In discussing the control OF courts
In California by the Southern Pacific
railway, Connolly tells OF case
where a court rewrote the constitu-
ton to make II say just what the peo-
pie said II should not say.
The California constitution provid-
ed that wherever a railroad should
reduce rates to compete with another
road, the new rate should not be in
creased without governmental con-
sent. The Southern Pacific cut its
passenger rate, between San Fran
cisco and Fresno, from $3.50 to $375,
which was the rate OF the San Joaquin
Valley railroad. The 8. p. then
seized the San Joaquin and put Its
passenger rate back to $500. Suit
was brought TO restore the 1915 rate
and Judge Geo. II. Bahrs, OF San
Francisco, decided against the s. r.
'Whereupon the Southern Pacific
reached out and got Judge Bahrs,"
says Connolly. 1T nominated aud
elected Frank II. Kerrigan In Bahrs
place. The supreme court OF Call
fornia reversed Judge Bahr's decision
and sent the case back for retrial be-
fore Judge Kerrigan. KerrigaD de-
cided that the 1915 rate was not a
reduction. but substitution, for the
$3.50 tickets were on sale all the
time, had any passenger asked for
them. But this logic was too much
even for the supreme court OF Cali
fornia."
Makes Constitution a Joke.
That court decided that the consti-
tuition did not mean what 1t said, for
the trainers did not intend to punish
a corporation for merely lowering It's
rates in self-defense to meet a lower
rate inaugurated by rival carrier"
Connolly writes: "On other case
which I think accurately photographs
the supreme court of California may
be chosen from among many. The
little five-yearold boy OF poor parents
living In Oakland, was playing In the
street street car ran him down
and killed him. The evidence showed
that the motorman had time to stop
his car before striking the boy. The
parents recovered judgment in the
lower court for $4,000. The supreme
court set aside the verdict on the
ground that the child would most
likely follow the occupation OF the
father, and that as the fathers occu-
patton was rather Improbable, there
fore the child might have proved moro
expensive than gainful TO its par
ents."
Since 1895, out of 70 cases in which
the Southern Pacific was a party, the
supreme court has decided all but ~
in favor OF the railway. Connolly cites
the case OF letter which turned up
Unexpectedly in Los Angeles court
room, signed w. +. Herrin, chief or
the legal department OF the s. r.,
though dictated by an assistant, Frank
Shay, in which he told J. W. McKind-
ley, also OF the s. p. that The SUI
preme court justices. in conversation
with me today, all seemed to be OF the
opinion that this paragraph referring
to certain pleading by railroad
lawyer in a lower COURT should be
amended so as to state the facts -
The justices, without exception, were
of the opinion that the appointment OF
the receiver would be reversed by
direct appeal, although II might not
be subject TO collateral attack" Here
was the supreme court Of the state adj
vising a litigant how to proceed to
win.
In Massachusetts,, where a boy IA
years old was injured In factory by
unprotected machinery, the state
courts held that II made no difference
how dangerous the place OF employ
ment, nor how safe IL might have
been made, even at slight expense
the boy waived these considerations
by accepting employment.
Court Overruled Taft.
In Ohio q switchman for the Big
Four caught his foot in an unprotect-
ed frog and was hurt Judge Taft,
now president, humaneiy hefd that the
fact that the railroad company viollt-
ed the law in falling TO block the frog
relieved the switchman from the as
sumption OF risk which he would 9th.
erwise be compelled to assume. But
the federal court OF appeals oyerruled
Taft's decision.
Under the caption social bribery
the writer says that while he believes
that the number OF actually bribed
judges, IL known, wonld shock Amer
lea, a more insidlous form OF bribery
than money passing is 'practiced al
most universally" He then cites the
case OF a Judge who rode on a free
railroad pass. Federal Judge John w.
Philips, OF Kansas City. until his re-
cent retirement from the bench. used
to call for the directors car on the
Rock Island road, which was always
turned over to him, cooks. porters and
all. IL he wanted To- ship freight over
that road. he did II without cost +"
Connolly charges that the Stand
ard Oil Co. has dominated tha-de-
cisions of the supreme court OF Penn.
sylvania for 40 years" and that more
! striking examples OF the intimacy OF