Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
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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-
The railroad companies made no further fight against the
action of the Railroad Commissioners but acquiesced therein, and found
the earnings of their several roads "compensatory."
Concurrent with this proceeding on the part of the Northwestern
Railroad Company and the Chicago, Burlington & Quincy, and Milwaukee &
St. Paul, the Chicago, Rock Island & Pacific Railroad Company and the
Burlington, Cedar Rapids & Northern applied to and obtained from Judge
Fairall, of Iowa City, district judge of Johnson county, an injunction
against the Railroad Commissioners to the same effect as that issued by
Justice Brewer. I appeared with Mr. Lain before the district court and
argued a motion to dissolve this injunction before Judge Fairall, which
was refused, and from his order refusing to dissolve the injunction we
at once took an appeal to the supreme court of Iowa. This appeal was
heard and submitted to the supreme court by both printed and oral
argument, but after the action of Justice Brewer upon the supplemental
bill in the federal court, the attorneys for the Chicago, Rock Island &
Pacific Railroad Company and the Burlington, Cedar Rapids & Northern
dismissed their suit in the district court of Johnson county, and then
applied to the supreme court for an order dismissing the appeal in that
court. We resisted this application, but the court held that as the
original suit was dismissed the injunction itself necessarily was
dissolved, and as the appeal was only from an interlocutory order, the
court had no occasion to deliver an opinion upon the merits of the
controversy. The opinion of the court permitting these parties to
dismiss their suit in this manner will be found in 76th Iowa, 278.
Mr. A. B. Cummins, since Governor of the state of Iowa, has lately been
posing as the original friend of the people in this fight against
railroad injustice. It would be well to state here that I do not know
when he became a convert to the importance of regulating the action of
railroads in justice to the people, but as the foregoing was the first
great contest we had in Iowa on this subject, I give here a speech
delivered by that gentleman as late as December 22, 1891, at a banquet
of the Railroad Employees' Club, as follows:
Public-domain text, read in full here on John Shaqi.
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