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Show lUILaOADS'LOSE. ' ; . 1U FEDERAL COUIIT j . - - Judge "WelberHtilis ;Ttat Tiler j Have Violate the' Interstate v , ' Commerce' Order. " ' rr ' '-: :r:.!-r LOS ANGELES. "JunV 2.-Tudge OUd Welborn .of. the' United. Stf tea Circuit court has handed down a decision, in whtcb, h.e practically flnd that toe railroad rail-road companies having lines in southern south-ern California have been violating; the routing; order of the- Interstate Commerce Com-merce commission which was to have taken -effect June 20, 1902. . 1 The' decs(on is an overrullna; of the demurrer of the' Southern : Pacific and Santa JTe Rajlrpad. companles1 to the suit filed; against them some time ago by the Consolidated Forwarding company and the Southern California Fruit exchange, alleging that the prder of the Supreme court had(been violated. An appeal will probably be taken. Thirty days time hi allowed the companies to make an awer.' 'i ; In his decision Judge Welborn holds that the shipper of fruit has the right to choose his own routes to Eastern points, and that eaeh must have , equal rights under the railroad ratea,. which, however, must be constantly open for the use of the public. The court Is of the opinion that there Is in existence a pool between the railroad rail-road and the connecting links, and that some shippers have been discriminated against to the advantage of others; that the Judgment of the Interstate Commerce Com-merce commission prior to the issuance of the order was an adjudication of fact, the finding being conclusive as against the demurrers, and that the routing rule, as established by the railroads, was for the purpose of operating a pool. |