| Show RAILROADS RESTRAINED BY GOVERNMENT CHARGES COMBINATION AND ANO CONSPIRACY v HANNIBAL HAm Mo Juno June 1 Twenty I. Twenty Twenty- live five e western railroads were temporarily restrained last night by United States District Judge Jude Dyer fr from m enforcing or m nuking making a general advance in interstate frei freight ht rates The injunction was granted on a ape pe petition petition filed led by the government on the tho allegation that the advances in rates were arrived d at by the d defendants by agreement in violation of the Sherman anti trust antitrust trust act act- The p petition says unless such a are re restraining restraining re- re straining order were issued tho rate advances ances would become effective at midnight to the grave inquiry of the tho pe people pl of the United Stat States The petition upon which the tion ion was issued was presented resented to Judge Dyer Dver by bv Edward P. P Grosvenor of fashin 1 on special assistant to the at attorney at torney torMY general en ral and by Frederick N. N Judson of St. St Louis acting as special l counsel It was as signed si ed by George Geor W. W Wickersham attorney general Jeneral William S. S Kenyon assistant to the attorney general and Charles A. A Houts Honts United States district attorney The roads restrained d from ing ng the freight rates tomorrow are Missouri Pacific Chica Chicago o Northwestern Northwestern North North- western Chica Chicago o Burlington ton Quin- Quin cv Chicago Reek Bock I Island Pacific Wabash Chicago Milwaukee S. S St. St StPaul Paul Pul Illinois Central Chicago A Al AI ton Atchison Topeka Santa Fe Chicag Chicago Chi ca cago cag o Great Western Missouri Kansas Kansas Texas St. St Louis San Francisco Quincy Omaha Kansas Cit City StPaul St St. Paul i Des De Moines Minne Minneapolis 8 St. St Louis L Iowa Central Fort Dod Dodge e Des DesMoines Moines Southern Chica Chicago o St. St Paul Minneapolis S. S Omaha El Elgin n Joli Joliet Joliet t Eastern Chicago o. o Peoria 7 St St. t. t Louis Chica Chicago o Milwaukee Gary Garv Minneapolis olis St. St Paul Sault Ste. Ste Marie Kansas Kan caB sas City Southern Chicago Indi Indiana Southern tho the Western Trunk Truna Line com corn Tho The restraining order orde declared it was issued upon the statement of the counsel coun coun- sel gel for the government that they would immediately file an expediting certificate cate cato under the tho act of February 11 11 1903 providing for a speedy determination of f the issues in contention Details of Action Tho The title tile of the be suit i is the c th United States of America complainant versus enus the twenty five defendants defendant restrained in injunction It alleges unlawful combination and conspiracy The petition says say the railroads I generally gsa gen speaking are the only ones for forthe the tho transportation of freight and passenger pas pu- tr traffic for tho the states of Missouri Iowa Jowa Minnesota Kansas Nebraska South Dakota North Dakota Wyoming and parts of Montana Michi Michigan an Wisconsin Wisconsin Wis Wish cousin Illinois Indiana and Tennessee Referring to the unlawful combinations and con conspiracy racy alleged ed the complaint com corn plaint says The Tho maintenance of th the lines Jines of I railroad has lias been encouraged and assisted as slated by the United States of America and by the tho states and territories and by tho the people of said several states and territories by franchises and by grants ants and donations of largo large amounts of land landof of f great groat value and of money and securities se see se- se for the purpose of securing to the public and to the people engaged in trade and commerce throughout hout the United State States competitive lines Jines of transportation and communication Governments Government's Contention But I But for tho the unlawful combination conspiracy agreements and understandings understandings understand understand- ings between the defendant railroads tho the defendants would have continued in inthe inthe inthe the said interstate transportation trade trado and commerce in in competition with each cach other as to rates rats and charges to be collected for tho the interstate transports tion Hon of frei freight ht and passengers and as asto asto asto to the tho facilities and advantages to bo be offered to the traveling tra public and to shippers of commodities in interstate commerce and would now be competing in said eaid interstate tate transportation trade and commerce s The second part of ot the petition states state that on December r 6 6 1906 1 06 the tho defendants defend ants ats with tho the exception of ot toads loads named below low not cont content t with the usual rates and charges for which they vero accustomed to carry frelent but In tend tend- lag Ine to monopolize the transportation p traffic trade and commerce on the durer different nt states did combine cor conspire Ir f confederate rte and unlawfully full aBr agre s to organize organize or- or or Cr- and nd nd b become come members In the vest wm- vestera ern era trunk line committee with the object ob j ct of or u using said cald western trunk line committee as a a. means mean for tor suppressing all competition between said defendants in the said interstate transportation trade and commerce Th The Tho petition then cites the St. St Paul A ADes Des De Moines railroad the Fort the Des Dee Moines a Southern railroad d. d tho the El El- pin gin In Joliet Jollet I Eastern Railway company th the Chicago Milwaukee Gary Railroad company compan and the Minneapolis St. St Paul PaulL L Sault Ste. Ste 1 Marie as later becoming m members of or the western trunk line committee committee com Corn and I partita partIe to the unlawful combination combination com corn and conspiracy Bates Ratel by Agreement Continuing th the p petition says ns since I nee the date mentioned the western trunk line committee unincorporated with headquarters headquarters head head- quarters in Chicago go is II the instrument oy ny y means of ot which freight rates have been fixed and that the charges now being ira ira- Imposed Imposed Im Im- posed are tho the same Ame by all the d defendants defend nd ants and are so made by a agreement The Tho following is the method by which the petition alleges rates are by bythe bythe bythe the western trunk line committee Each of or the tho defendants Is a 0 member of the w western stern trunk line Une committee There Theres Is s a a. freight committee composed of or the tho freight traffic managers or general freight agents of each of ot tho the defendants This committee m meets ts once cries every month Whenever any defendant contemplates a n chango changa in any rates rules or regulations the officer or officials representing EUch uch defendant on such committee committed suggests such change chango to the chairman of ot the committee com corn who then dockets iho same for tor consideration and discussion at the tho next meeting of ot the tho freight committee At that meeting the matter Is brought up for tor consideration If all agree upon the tho proposed change chango it is made ml by all the roads defendants defendants' herein Unless there thero is unanimous un agreement tho the suggestion Is Js rejected and no road adopts the proposed d change of or rates Unity of ot Action The petition says lays there is III an a agreement between the tho defendants to the effect that no rates ratu will wili be advanced or reduced d except cx- cx ept with the concurrence of he e enIo body with a a. simultaneous us advance nd or re reduction reduction re- re by all the others agreed d upon at nt ata nta a meeting of or the freight the the- freight committee Further Fur Fur- ther then It is claims by means of or membership membership member member- ship in the committee all COmI competition between the defendants is suppressed I The western trunk think line Une committee Is id said laid to have succeeded another r association tion of or a similar character the name annie cf which is unknown but the o avers that there are other associations of or similar character to which portions of or the United States have been assigned and In which many of the defendants are mem mom bers hers The complainant char charges cs the committee commit commit- tee was organized and is maintained in violation or of the Sherman trust anti-trust law lw Part three of the petition says cays that In 1903 1909 or early in 1910 the defendant defendants conspired conspired con con- together to make mako a a. general adVance advance ad ad- vance in commodity rates to prevail throughout hout the western trunk line terri tern tory The freight committee held a a. meetIng meet- meet ing Ing ng the dates datos of ot which are unknown continues the petition and the commodity com corn rate rat n named med In the Int interstate commerce comp com merce commission tariff A end and nd sometimes sometimes some some- times call called d Hosmer's tariff No D. 1 was gone over and ind conEl considered The conference conference conference con con- ference resulted In an agreement as to new advancements to be made After Atter they had been determined upon each of the defendants notified the chairman of or orthe the western trunk line committee W W. I H. H Hosmer Roamer of Chicago who had printed a schedule of ot the advances railed called supple supple- supplement Hupple- Hupple ment No r-o. 2 to freight tari tariff No I-D. I D 1 On April 27 21 27 1910 Hosmer as agent for forach each ach of or the defendants filed separately on 1 behalf of ot them with the Interstate commerce commission lon th the new schedule to become effective June 1 1 1910 on the lines of or all the defendants unless tho the enforcement thereof Is restrained by this honorable court The petition charges that the advanced M rates arc are tho the direct outcome of or agreements agree ments in suppression of ot competition and of oC an unlawful combination In restraint of Interstate state trade arrived at and made effective through the agency of tho the western west est ern era trunk line lino committee and that the acts of ot the combination In advancing i rates are aro the result of conspiracy Further charges are made that the unreasonable and excessive rates fixed without competition apply to a vast number number num aura ber of prime utility and daily dally necessity and that the unreasonable advances in freight charges chargee apply to approximately 60 per cent of tho the commodities carried and will Increase freight charges In amounts varying fr from m 10 to 20 per cent of the rate heretofore heretofore- charged The petition closes doses b by saying Haying that Unless unless unless un un- less the reasonable schedule of ot rates la is enjoined It will become effective June 1 1 and the citizens of the United States State who ship commodities through tho the west est fin t n trunk line lino committees committee's territory will bo he compelled to 10 pay arbitrary and excessive rates |
