Show 3 J U D 61 N all 9 r wk 0 I 1 9 Z 11 F K oil ff fa 1 0 ON M I 1 41 I 1 M 1 I 1 I 1 I TAI a NS I 1 I 1 I 1 I 1 I 1 I 1 I 1 J U R S fl D U ff TN N ff KTE W 11 UA 1 I 1 SIS I 1 aws t a I 1 4 cent law should be put in force until it can be ascer I 1 N j I 1 bained by actual experience whether the rate ate is re IT I 1 q I 1 I 1 I 1 V munera tive court of equity should de decide cide r I 1 kansas city mo june 17 smith mcpherson of red oak iowa in the united states district court today handed down n an opinion grow ing out ot of the tile conflict between the circuit courts at kansas city and ani st louis and the federal court hero here over the enforcement of the tile missouri mabl mum freight rate and two cent passenger rate law judge mcpherson Ic Pherson retains and anti main talus bains jurisdiction to adjudicate the validity of the freight and passenger laws of Misso missouri url including the amendatory freight law of 1907 whether the temporary injunction ask ached ed for by the missouri river railroads to re strain the state officials from enforcing these statutes shall be issued and if issued whether it shall enjoin ithe the enforcement of cither either of the pas pae or freight laws will the court says bo be considered a if biek ek or more hence judge mcpherson McP horson said that his present view Is that the two cent law i should be put in force junell it can be ascertained by actual experience whet whether lier two cents will be tive the decision was rendered in the case of the wabash rail railroad roal versus herbert S hadley attorney general and other state officers and seventeen other like cases judge mcphersons sona sons decision follows the question here Is has this court jurisdiction ednai the passenger faro fare law of 1907 of the missouri legisla ture declaring it unlawful to charge more than two cents per mile A lesser question quest lon is whether the bills hills ten dered tor for filing are supplemental bills billi i to those blied flied in this court in the it eighteen cases two years ago and now I 1 i pending before mr Scholl eld the master 1 I fully appreciate tho the responsibility resting upon me ine and tho the conse follow from trow to be made it c mistaken the nils hils takes are mine everi oid ugh I 1 havo have had but part of one day since the argument to reach these conclusions never has a ca cage ae before me been argued with greater eloquence logic and power than was done by counsel I 1 both for the state officers and for or the i eighteen railroads every phase ot of the case direct and collateral has I 1 I 1 been bo jo illuminated that all Ids possible sibl j questions aye are at the end of doubt I 1 what is the supplemental bill ira in I 1 j u equity and wherein is the import I 1 anco ance of defining it usually it la 13 where there has been somo some change in the rights of the parties which must s t be carried forward by a supplemental bill one hundred and more years ago judges who had but little to do except play the role of mental acrobats and seek to refine and distinguish and to display an affected learning and to discuss most gravely the difference between the west and north northwest wes t side tf f a hair most elaborately set forth their views as to original bills and amended billi bill and supplement 1 bills and bills of review and bills in the nature of billy of review the result was that a cli chancery anCery case lasted for many leafs years more than fifty years ago the supreme court recognized the folly of much of this and by a code of rules adopted the system of fact pleading and left the old chancery practice in force only when the rules I 1 adopted did not meet the situation that might arise and barule 57 defined define 1 a supplemental bill but that is not important in my judgment whether L this proceeding should be by original b bill 11 or by supplemental bill is of tot I 1 small consequence if by original bill the railways bad the right to hie file the tile same without notice and the right to a restraining order without notice it if by supplemental bill hill the usual practice is to require notice and in either case it is discretionary with the 1 judge to allow a restraining order without notice until a hearing can be had bad on notices as to a temporary injunction I 1 on tuesday tho the alth in 1111 betant the complainants gave notice AI ling illing these bills on Fr friday hlay the 1 instant on thursday tile they Y asked ked V to file them solely out of courtesy to the attorney general who was not nt present this was refused but the tho court courts on its own motion issued the restraining order to keep the matter in status quo at the time fixed for the hearing the mattor was a again i ain delayed for a delay at the request ot of I 1 the attorney general he unavoidably being absent during that delay the bills were filed in the state C courts for this there if 19 no criticism I 1 but I 1 have slated stated tap ohp f acts and S the statement of facts shoua that these cases as to th the davs ot 1907 were pen henling ling and M had lieen been pending I 1 since tuesday the lelh instant and these bills must be considered ai as I 1 filed as of that date and whether defective as original bills is not material auch such defects can bo be 4 corrected on demurrer or exceptions or by the complainant before answer as IS of course nor is it material whether filed in the original case or cepar separately abely docketed if separately 1 docketed it will at once for trial purposes poses be con considered eldered with the old cases baseel pursuant to section of the revised statutes it if the contOn contention tiOn 0 of te the counsel I 1 f for or tho the state be te technical clinical I 1 ly y correct it is to without a substantial dherit as to the rights ot of the parties s that tha t the fixing of rates by t the he leg 4 lif lature is presumptively correct all concede that it I 1 la a legislative act all al agree but that such rates must be e reasonably remunerative can not j longer be discussed the railways are entitled to cost and a reasonable profit and no fair minded man mail disputes it how to arrive at the cost and reasonable profit is a most difficult problem but it must be a ascertained S and this ascertainment can only he be by judicial proceedings and to bo be determined only by the courts and ultimately tini ti atey by the supreme court of tho the united stated Sta tei no skill of ibo draftsman by the use of words or phrasing g can take that from the court to the town ine meeting eting it can not be changed by reclamation declamation either sophomoric or by invective it can never bo be settled in a criminal case by arresting ticket agents or conductors the supreme court in the end must havo have the evidence with the right to make the tile ultimate findings of fact no nto local lucal tribunal federal or state can foreclose the fact as would be done if the case goes to the supreme court on writ of ot error to the state courts and from the tile state courts there is no method of f repeal but by writ of error throughout russia completely muzzling the liberal press the few newspapers appearing hero here today make extremely guarded comments upon the situation the radical paper contenting itself will expressing the hope that two election com in one year will widen the political horizon of the people and make them firm adherents of tho the house of parliament the eremya which has aligned itself with the reacts attacks the new election law as a halfway half way measure affording the tile possibility that the revolutionary elements will again bo be able to enter parliament the cloe close study of the new election I 1 law a w which is a bulky book of eighty barges in complicated phraseology has somewhat dispelled the feeling of gloom in liberal circles the idea is gaining ground that the government has failed in its intention and that there is a possibility there will be an oppositional majr majority jt V in tb the 0 t third hi rd par ia hi the base case of its it predecessors ces sors even under the law it 11 is thought that the constitutional will retain control of tho the city or perhaps they will be swamped by the social democratic proletariat in the elections of the social and poorer categories of urban v voters oters the constitute constitutional onal democrats al also 3 0 hope to return a considerable number numbs r of the sixty land landowning owning deputies whom the government believed bould be exclusively conservative according to the opinion of a foreign diplomat who Is in close touch with the court the government goern ment has done cither either too much or too little it hag has violated the fundamental fund mental laws or constitution and laid itself open to tho the charge ot of accomplishing a coup without altering the election law stif to produce the desired rc re aults the feeling in court circles against premier pin who has undertaken full responsibility before his ills majesty tor for a speedy convocation of parliament upon the present basis of suffrage 14 1 said to be bitter and he is alleged to be the object of a strong reactionary intrigue the grant of seven parliamentary representatives to the armenian Armen ians and tartars was decided upon at the last moment the original plan wag was to disfranchise the caucasus entirely but this waa was abandoned owing to the representations of count von you portent acoff dashkoff Dash kon viceroy of the caucasus who Is now here heio fighting to save his political head the holy synod has bas ordered the imperial man to toe be read in all the churches next sunday the committee of the lower house ot 0 parliament consisting of twenty two members appointed to investigate the charges against the social democratic delegates decided to make its it came to the conclusion that the evidence was too we weak ak to justify the suspension of any of the accused deputies even the delegates like professor kuzmin kuzman Karavi karavaeff Ka ravien eff the tile democratic reformer who favored the surrender of any of the culprits again whom there was definite grounds for suspicion acquiesced to this finding replied orchard who until formal 0 I 1 appointment of mr wyan ivas without room a legal adi laer in the court the date of orchards trial will not be fixed until the case against haywood moyer and pettibone at boise aro are disposed of orchard being the sta states teti principal accusing witness against the miners officials bichard Oi chard was taken back to the penitentiary at boise this afternoon |