United States v. Chicago & E. I. Ry. Co.

(after stating the facts as above). The very able oral argument, supplemented by the exhaustive briefs that have since been filed, makes it imperative for the court to briefly set forth its views and conclusions respecting the issues determinative of the controversy. I had at first concluded to merely announce mjr conclusions and hasten the case to the appellate court. The painstaking effort of counsel, however, would not justify such a summary disposition of the motion. ■

There is at least one argument made by counsel for defendant which must be disposed of .without considering its merits. It…