Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
Brewer would grant whatever the railroad companies might ask in this
behalf. I told him that he had a duty to perform as a public officer,
in my opinion, and if the Commissioners did their duty in making the
proper resistance to this new application, the responsibility would
rest with Judge Brewer if he failed in his duty. We accordingly made
the necessary preparation for a hearing, which was finally had at St.
Paul, Minnesota. In the argument of this case the attorneys for the
three railroads applying for the injunction made a very formidable
array of distinguished counsel embracing the ablest lawyers of Chicago
and Milwaukee. A. J. Baker was then Attorney General of the state of
Iowa and nominally appeared with me for the Commissioners, but gave me
no assistance whatever. We had for an audience in the argument of the
case many leading men of Minnesota, members of the State Grange of that
state, which association was then in session at St. Paul. I took into
the court-room a blackboard that I extemporized for the occasion and
taking several copies of the official reports of the railroads in
question, I put one copy in the hands of Justice Brewer, holding
another copy in my hand and putting the figures upon the blackboard,
showing the earnings of these railroads and what they were pleased to
call their fixed charges, and demonstrating beyond question that the
complaints made of the proposed railroad rates were without foundation.
The same person who had made an affidavit in regard to the difference
between the Illinois and the western classification had made a new
affidavit stating that there was an error in his former computation. I
criticised with some severity the reliability of the affidavits in
which mistakes occurred according to the convenience and exigencies of
this litigation. I had not much confidence in the result, however, but
I felt quite complimented when a number of the leading men of the
Minnesota Grange, who were present at the argument, made me a
complimentary visit at the hotel that evening. The attorney for the
railroad company who was expected to make the closing argument in the
case complained that he did not feel very well and only spoke about
fifteen or twenty minutes in a general way, without going into the
facts or figures in the case. My supposed assistant, the Attorney
General of the state of Iowa, took no part in the argument, and on my
way home that night I learned that he had been in conference with Mr.
Stickney of the Chicago Great Western Railroad Company, and had made an
arrangement with that gentleman for employment as attorney for that
corporation, to take effect at the close of his then official term
which was to occur in a few months. On the 2nd day of the ensuing
February, 1889, Justice Brewer filed in the circuit court his opinion
refusing the injunction on the supplemental bill and entering an order
dissolving the injunctions theretofore granted, at the cost of the
complainants.
Public-domain text, read in full here on John Shaqi.
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