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-
It would be too long and too tedious a story to enter into particulars
in regard to these suits, and the questions of fact and law involved in
them. The unusual and unwarranted conduct of the attorneys for the
Northwestern road in getting these cases before Justice Brewer for his
decision and determination was by no means a compliment to the judge
for whom they manifested such a strong partiality. Neither would I
indulge in any surmise as to the grounds for their partiality. It is
sufficient to say they were not disappointed in the result and that
Judge Brewer reversed both of these judgments.
I afterward determined if possible to obtain the opinion of the supreme
court of the United States upon the questions of law involved in these
cases. I accordingly brought another suit for another client; to-wit,
one E. M. Parsons, in a case involving an amount sufficient to entitle
me to an appeal directly to the supreme court of the United States,
having previously attempted to get the supreme court of the United
States to review the decision of Justice Brewer in the former cases
upon writs of certiorari, the same being denied by the supreme court.
Judge Shiras, presiding in the circuit court at Des Moines, in view of
the action of the circuit court of appeals in the other cases,
sustained a demurrer pro forma to my amended petition filed in the
Parsons case, and it was upon demurrer admitting the averments and
allegations in this petition that the case was heard before the supreme
court of the United States. Justice Brewer delivered the opinion in the
Parsons case in which he held that the statements of the petition did
not entitle the plaintiff to recovery. The opinion discloses the fact
that Judge Brewer was somewhat offended at my attempt to have the
supreme court pass upon the questions of law involved in the cases that
he had disposed of as the presiding judge in the court or appeals. I
had supposed that a judge of the supreme court of the United States
would regard it rather as a compliment than otherwise to his sense of
fairness to believe that he was capable of impartially and without
prejudice, sitting with his brother judges, to review one of his own
decisions, but the opinion shows plainly that I overestimated that
distinguished jurist, and that he thought more of his infallibility
than I did of his impartiality. This opinion of the court will be found
in the case of Parsons vs. The Chicago & Northwestern Railroad Company
in volume 167, _United States Reports_, 324. The court in this
opinion asserts the very extraordinary position that the Interstate
Commerce Law in providing a remedy whereby a shipper of grain might
recover his actual damages for a refusal of the railroad company to
comply with the law which was enacted for his protection, was in the
nature of a penal statute, and that the petition of the plaintiff in
such a case must expressly aver and negative the existence of any
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account