we change the information on such short notice?" he objected.
"It would mean risking an adjournment of the court."
"That's what they're after! Stick to him, Motherwell!"
But it did seem very advisable to have the meaning of those other
doubtful sections of the Act cleared up, and as C. P. R. counsel went
more fully into the matter the desirability of it for both sides became
even more apparent.
"Tell you what we'll do, Mr. Aikins," said W. R. Motherwell, finally
turning to him after consulting the others, "if you'll give your
pledged word before this assembled crowd of farmers that you won't take
any technical advantage of the change you've suggested us making in the
information--by raising objections when court opens, I mean--why, we'll
make the change."
"Certainly," agreed Mr. Aikins without hesitation, and in solemn
silence he and the President of the Association shook hands.
This alteration in the information made the issue even more
far-reaching and it was a tense moment for the farmers who packed the
little court room when the Magistrate opened proceedings and on behalf
of the Warehouse Commissioner, Mr. T. Q. Mathers (now Chief Justice
Mathers, of Winnipeg), rose to his feet for argument. After the
evidence was complete and the Magistrate at last handed down his
decision--fifty dollars fine and costs, to be paid by the
defendant--the victorious grain growers were jubilant and especially
were the officers of the young Association proud of the outcome.
The case was carried to the Supreme Court by the Railway Company, which
made every effort to have the decision of the lower court reversed.
When the appeal case came to trial, much to the disgust and chagrin of
the railway authorities and the corresponding elation of the farmers,
the Magistrate's decision was sustained. At once the newspapers all
over the country were full of it. Oracles of bar-room and barber-shop
nodded their heads wisely; hadn't they said that even the C. P. R.
couldn't win against organized farmers, backed up by the law of the
land? Away East the news was magnified till it became: "The farmers
out West have licked the C. P. R. in court and are threatening to tear
up the tracks!" At Ottawa Members of Parliament dug into Hansard to
see if they had said anything when the Manitoba Grain Act was passed.
Empty cars began to roll into Western sidings and they were not all
spotted to suit the elevators but were for farmers who had si
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