Bourke Cockran unearthed 1 conspir
acy in Madison Square Garden. The
only question before the court, in the
language of Mr. Alex King, "is the
power of a railroad to reduce its rates
subject to the regulation and control
of the court? It was not at common
law, and it is not under the act to reg
ulate commerce. The reduction of
rates by a railroad, either as a defen
sive measure to protect its business
from the attacks of a rival, or as a
matter of policy to attract a larger
volume of business, is in no sense
a conspiracy, however much it
may damage such rival, but it is
only the fair exercise of the power
to conduct its business."
But there is another remarkable side
to this remarkable case. Mr. Augus
tine Smythe, in the vestibule of a very
elaborate argument, took occasion to
make a stump speech. He delivered
an eulogy upon Judge Simonton, com
plimented his war record, paid his re
spects to Ben Tillman, and actually
suggested that the editor of the News
and Courier be summoned to Flat
Rock for contempt. The Charleston
News aud Courier has intimated in
advance of the hearing that this was a
daring and dangerous example of gov
ernment by injunction; that it was an
encroachment upon the rights of the
people, and that Judge Simonton
would be playing into the hands of
Tillman and Altgeld by entertaining
any such propositions incourt.
