Show UNCLE SAM TAKES UP FIGHT SIGHT IN BEHALF OF THE TNT SHIPPER JUDGE DYER UYER I I ISSUS ORDER Twenty five Western Rail Railroads Railroads Railroads roads Temporarily Restrain Restrained ed From Making Advance I in Interstate Freight Rates ACTION BROUGHT AT HANNIBAL MISSOURI Petition Signed by Attorney Attorney Attorney ney General Wickersham Alleges Unlawful Combination tion and Also Conspiracy SOME FURTHER CHARGES ANNIBAL Mo May 31 HANNIBAL Twenty five western railroads were temporarily re restrained restrained restrained strained tonight by United States District Judge Dyer from enforcing or making a general advance in interstate freight rates The injunction was granted on a petition filed by the gov government government government on the allegation that the advances in rates were ar arrived arrived arrived rived at by the defendants by agreement in violation of the Sherman Sheman antitrust law Tho The petition says unless such a restraining order were issued the rate r te advances would become effective at mid midnight midnight midnight night tonight to the grave in injury injury injury jury of the people of the Unit United United United ed States The petition upon POD which witte the intone tle wa wan Id was wan prevented P tM to lodge J TM Tr fl rr pr r by Award J P Grosvenor of oC Wash wh n assistant a l tant to the t attorney 0 F x nral n nU ant and n 1 to by v Frederick 1 N Judson on of S 8 I t Tx ul acting an as special i counsel It tins tva 1 I by b once W attorney 8 an a n ral William III 8 S Kenyon Mutant to the th attorney rt ral and Ci CharI harts A t United States district at attorney torney A The ThC H nad a t int T Th rom roads OR f trI d f trim from I caving fi the t freight rats rate rat tomorrow are sr MI iK fink kHo A North T w item a rf hlll o Burlington It r Chicago Rock ll island od A R Pacific ablY Chicago Milwaukee 6 1 rut rant Illinois hka go ro o a Alton g A Snata Fe F Chicago Cr Crat at Kens Kansas A Ax At x Bt tit t Tx TAU 1 outs I tea Quincy QuIne Omaha Omha k Kansas City St Paul lx Iles ItIn s Minneapolis Alit HI Mt Loot Loins Lo Iowa Central Fort l odge bodge beat Dex lone Continued en on Page Ial Three I 4 R t a ak k 4 S 4 i GEORGE J 1 KINDEL I Denver Denser Man Inn W R ho Championed of Shipper nod Han Ilea 1 Won on After Long Lone nod anil Hitter flitter Fight DENVER INS RAilWAY CASE Supreme Court Upholds Order of Commerce Commission Reducing the Freight Rates P tes From Chicago and St Louis RAILROADS FIGHT HARD BUT Interstate Commerce Commis Commission Commission Commission sion Order in in Missouri River Rate Cases Also is Upheld by the Highest Tribunal T THREE JUDGES DISSENT May laT 11 11 y n D dr de decision WASHINGTON of four to three the Su Supreme Supreme Supreme preme court of the United today toda decided that the Inter Interstate state commerce hat hail not note exceeded e its power In ordering the re reduction reduction reduction of freight raCe In the no so called river rate cn e and ana In Inthe Inthe Inthe the Denver rate cases case These Them orders were held to be b valid The Missouri river rate cases were based balled on an order of ot the commission reducing the freight rat rate between the Mississippi river and the Missouri lU river as a part of or the through rate on through shipments originating in the seaboard territory The The Denver Dener rate cases calles were based on an order reducing the rates on through freight from Chi Chicago cago and from St Louis to Denver In both cases certain railroads and shippers concerned alleged the com commission commission mission was endeavoring to divide the country Into rate zones The circuit court for the northern district of 11 Il Illinois decided this contention was cor correct correct correct The court today toda in a decision lon announced by Justice McKen McKenna nn na announced that it believed that the commission won Wag not attempting to exorcise ex exercise such uch a power and that tho the rec reo record ord showed no evidence such Ouch was be being beIng bein ing in done Hence It reversed the de decision of tho the district court In both cases Received Great Attention The oases case havo have received the great gront greatest est e t attention during U Ute the e two years they have havo been the subject of litigation Hon tion Tho The government contends contend tho the thoen very en existence of through rates was at stake In 1906 George Goorge J J KIndel a manu manufacturer manufacturer of or Denver Denvor complained to the Interstate commerce commission lon that the freight rates from New York and Chicago and from St at Louis Lou and Omaha were wore excessive and discriminative and the rates ratos from Denver to Salt bait Lake City also al o excessive and preferential as compared with the rates from rom Kansas I City The Tho Denver chamber of or commerce Intervened to insist that the proper way ay to eliminate the alleged discrimination against t Denver was not by re reducing reducing reducing rates to Denver Dener but by making Denver a basing line i The Tho commission carne came to the conclusion sion n that tho the alleged discrimination t Denver was due to the fact act I that the Missouri U river was used as ai a abasing abasing abasing basing line and amI that instead In tead of or having havinga a through rate from the east to Den Denver DenI I ver the railroads were giving Colorado points a combination of o the rate to from the Missouri river and the rates from the Missouri river to Denver holes Hate Ordered i I Consequently it was wa ordered that by May 1 tho the railroads should put into lOtO ef or offset effect ort t t reduced rates rate from Chicago and andSt andSt andSt St Louts Louie to Denver Before Defore the rates went into effect the railroads took the tho matter Into the tho United States district court for the northern district ol or Il 11 Illinois and had the commission on Joined from enforcing the order the court On the grounds r that the court had no no jurisdiction and that the court rt erred In Its decree tho commission commis then lon appealed to the Supreme court The decision of 01 tho court was wan based balled on the reasoning In the Missouri river rate case cao announced Just before to tho the or of feet that the tho record did not show the commission c elon was trying to divide de the country Into rate zones zono a power o It Il d did not possess Justice White delivered deli delia 1 a dissenting opinion In which Justices JU Lurton and Holmes concurred As Ae to the Missouri river fate cases tho the order of the Ute Interstate commerce commission reduced the freight rate between tho the Mississippi river and the Missouri river as an a part of the tho through rate rat on through shipments originating In the seaboard territory It was to today today today day declared to t be valid by the United Statue States Stat Supreme court and In so BO holding Continued on o InRe Fage Three UNCLE SAM TAKES I UP THE FIGHT IN BEHALF OF SHIPPERS Continued From One Southern Chicago St Paul Minne Minneapolis Minneapolis apolis Omaha Elgin Joliet East Kast Kastern ern em Chicago Peoria StLouis Chi Chicago Chicago I cago Milwaukee Gary Gar Minneapolis St Paul Sault Ste Marie Kansas City Southern Chicago Indiana Southern the Western Trunk line lino com corn committee committee mit tee teeThe The restraining order declared it was w s issued upon the statement of t tho coun counsel counsel sel set for tho government that they the would Immediately file tile an expediting certificate certifIcate certificate under the te t e act of ot February 11 1903 providing for a speedy determination of ot the Issues In contention The title of or the suit Is 18 Tho The United States of America complainant versus morons the defendants restrained In injunction Allegations Allegation In Petition It alleges unlawful combination and conspiracy The petition says the railroads gen generally generaU speaking are the only ones for forthe forthe forthe the transportation of freight and pas passenger passenger passenger traffic for or the states of or Mis Missouri south Iowa Minnesota Kansas Ne braska brasko North Dakota South Dakota Wyoming and parts of ot Montana Mich Uch Michigan igan han Wisconsin Illinois Indiana and Tennessee to the unlawful combinations combinations combinations and conspiracy alleged the tho peti petition tion Uon says The maintenance of or the tho lines of or rail railroad railroad railroad road has baa been encouraged and assisted as by the United States of America and by bythe bythe bythe the states and territories by b fran franchises chillos and by grants and donations of ot large amounts of ot land of or great value and of or money and securities for rol the purpose of or securing to the public and to the tho people engaged In trade trado and commerce throughout the United States competitive lines of transportation and communication But for tor the unlawful combination conspiracy agreements and under understanding understandings understandings standings standing between the defendant rail rall railroads railroads roads road the defendants would have hac con continued continued In the said interstate transportation transportation tation trade and commerce In competition competition tion lion with each other a all as to rates rate and anti charges to be collected for the inter interstate Interstate interstate state transportation of or freight and pas poe passengers passengers and as M to the facilities and ad advantages advantages vantages to be bo offered to the traveling public and to shippers of or commodities In Interstate commerce and would now be competing In said aId Interstate trans transportation transportation transportation trade and commerce The second part pant of the petition states state that on December 6 1906 the defend defendants defendants ants with the tho exception of or five roads named below not content with the usual rates and charges for which they the were wore accustomed to carry canny carr freight but intending to monopolize the transportation transportation tation traffic trade and commerce be between between tween the different states did com corn combine combine bine conspire confederate and unlawfully unlawfully fully tully agree to organize and become members mem ers In the Western este Trunk Tru k Line committee with the object of or o using said Western estern Trunk Line committee I an as a means mans for suppressing all compe competition between said defendants in the I said Interstate transportation trade I and commerce I IThe The petition then cites the tho St Paul Pauland Pauland Pauland and Des Moines railroad the tho Fort Dodge the Des and Southern railroad the Elgin Eigin and Eastern Eastorn Railway company the Chicago Mil MIt Milwaukee m waukee and Gary Railroad company and the Minneapolis St Paul raul and Sault Ste Marie as later becoming members of the Western Ve tern Trunk Line committee and parties to the unlawful combination and conspiracy Continuing the petition says since the tho date mentioned the Western Trunk Line committee unincorporated with headquarters in Chicago Is the instrument Instrument ment mont by means of which freight rates have been fixed and that tho the charges now being imposed are aro tho the sane same by all the tho defendants and are arc so made by b I agreement Methods of Defendants Defendant ts The following Is the method by b which tho petition alleges rates are arc fixed by b the Western Trunk Line com corn committee committe mittet mitte Each of or the defendants Is a n member of or the Western Trunk Line committee There is a u freight committee com corn composed composed posed of or the freight traffic managers or general freight agents of or each of ot the defendants This committee meets once every month Whenever any de do defendant contemplates a 11 change In any I rates rules rul s or regulations the oUI officer of fi ocr eel or 01 officials representing such lIuch do de defendant fondant on such committee suggests such change to the chairman of or the committee who then dockets tho same samo for tor consideration and discussion at atthe atthe atthe the next meeting of or the freight com corn committee At that meeting the tho matter I is brought up for If all nU allagree allagree agree the proposed change Is made by bs byall byall all aU the roads defendants Un Unless Unless Unless less there is unanimous agreement the tho suggestion is rejected and no road adopts tho the proposed change of rates The Tho petition says say there Is an agree agreement ment mont between tho the defendants to the ef effect feet that no rates will be b advanced or oz reduced except with the concurrence of the tho entire body bod with a simultaneous advance or reduction by all aU the others agreed upon at nt a meeting of or the freight committee Further it is ii claimed by means of or membership In th tb committee commit I all competition between bt the tho defend defendants defendants ants in Is suppressed Other Oilier Associations The Western Trunk Line LID committee Is said to have succeeded another as association sedation of a similar character the name of or which Is Ja unknown but the complainant avers aver that there are other associations association of ot similar character to tv which portions of ot the United States have been assigned and In ID which many nT of or the defendants defendant are members Th The complaint charges obar ea the commit committee tee was vaa organised and anel Is I maintained In violation of or the Sherman antitrust law Part three of or the petition says sa that in 1551 or early In 1 1 the defend defendants defendants defendants ants conspired together to ther t to make a general advance In commodity rates to prevail throughout the western trunk line territory The freight committee held bold a meet meeting meeting ing the dates data of or which are unKnown continues continue the petition and the com corn commodity commodity rate named In the Interstate commerce commission tariff AUS AIli and ami I sometimes called tariff No 1100 I ID were gone one over oer anti and considered I The conference resulted In an agree acree agreement I mont ment as to new advancements to be made After they tit had b been n determined upon each ch of ot the defendants notified the chairman of ot the western trunk line hiDe committee W H Her Chicago who had printed a schedule of ot the ad advances advances advances vances called supplement No 2 to l freight tariff No ID 11 On April 1916 1910 Mourner Hosmer aM a M ait agent nt for each Cach r t 9 defendants filed flied separately on I hj Ii r of them with the Interstate comm commission the tho th new schedule to t I h t come COllIe effective June JUDe 1 1910 on ti it lines of or all th tho defendants ti f I enforcement thereof t i II restrained I this honorable court Result of or Conspiracy The Th petition that hat the tho th a T rates rata are the t outcome C r rents agreements agreement In suppression of or omi titian and of or an a n unlawful n nIn In restraint of or Interstate trad ar arrived I rived at and mad made effective fi the of or the tb Western Trunk Ir committee and ancl that the th sets acts of or tt fI PC 9 combination In advancing rates rate areti are tt result of conspiracy Further charges are ar made that the tho tI unreasonable and excessive eX rates tat fl r without competition apply to a vi I number of commodities of prime prim utti un unIt itT Ity It and dally daily dall necessity and that t i 1 e unreasonable advance In t 1 charges apply appl to approximately to 50 toc 0 I II p c cent nt of or the commodIties carried c an art anI I will Increase freight i ri 1 amounts varying from 14 UI l to J 11 T cent ceat of the rate heretofore chart The petition closes by b saying it tIt i unless UD the unreasonable schedule I f r frates rates rat Is enjoined It U will become rr H ff live June 1 and the citizens of or United States StateR who ship I |