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-
court, it was probable that Grant would take no action in the matter
and the injunction would stand dissolved at the close of the term by
operation of law. On examination of the question General Howe agreed
with our conclusions, and we then arranged that he take the train on
Monday morning and come as far as Ames, Iowa, bringing with him all
evidence, depositions, and papers that we might need in case there was
to be any hearing before the court; that General Howe should occupy a
boxcar at Ames and not subject himself to personal observation, whilst
we would take charge of the interests of our client at Des Moines and
do nothing save to let the law take its course, and we would advise
General Howe by telegram if Judge Grant woke up and attempted to obtain
any order of court continuing the injunction. Judge Grant was in
attendance upon the court, and several times inquired after General
Howe, stating that he was expecting him daily. Day after day of the
term passed and nothing was done. Finally, the business of the term
being disposed of, Justice Miller, then justice of the supreme court of
the United States and presiding, announced that if there was no further
business before the court the term would be adjourned. Judge Grant
addressed the court and stated that he had been waiting during the
entire term expecting the appearance of General Howe; that he
understood that Messrs. Nourse and Withrow had been employed in behalf
of the defendants, but no motion had been filed with reference to the
injunction in the case against the bridge company or railroad company,
and he wished to know whether or not we intended to do anything. Mr.
Withrow looked at me and placed upon me the responsibility of replying
to judge Grant's remarks. I said that it was true that Mr. Withrow and
myself had been employed in the case, but only as local counsel and the
only authority we had was to act under the instructions of the general
counsel of the railroad company, General Howe; that we had no authority
or direction to file any motion in the case, and I added very meekly
that if any harm should come to our clients by reason of any neglect in
the matter the responsibility would rest entirely with General Howe and
not with my Brother Withrow and myself. Upon this Judge Grant announced
that he had to go to Washington City upon professional business
immediately upon adjournment of the court, and he would not consent
that any motion would be heard in regard to the injunction matter in
vacation. This closed the event and the court adjourned sine die. As
Judge Miller passed out of the court house down the stairs, Judge Grant
having previously left the room, Mr. Withrow could hardly contain
himself and burst into uproarious laughter and attracted the attention
of Judge Miller, who looked over his shoulder and remarked
good-naturedly that he supposed Judge Grant did not understand us. As
previously arranged, the mechanics engaged in the bridge construction
Public-domain text, read in full here on John Shaqi.
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