Show I liMITS ThE TUE POWER POR Of A IE COMMERCE COMMISSION I n Vest Yest rn Railroads ij ain aiD a Great Victory Over the Government in Missouri River Rate I I Chicago Aug permanent injunction sought b by western railways against the thc Interstate Commerce com coin commission mission In the lie famous Missouri river rate case was granted hero here today todar hr by Judges Grosscup Baker Bacer and Kohlsaat of lie tho United States cIrcuit court Grosscup delivered the opinIon Ion of the court Judge con concurring concurring while Judge Dal Baker er delivered a dissenting opinIon The commission thins defeated In Its first attempt to bring about what It is to be a new system or prin princIple cIple or of ratemaking wilt will It Is assert asserted I ed carr carry the lie case caso to the lie supreme court of the United States The parties which petitioned for time the injunction were the Rock Island the Burl ington the Milwaukee the North Northwestern Northwestern western and the Chicago Groat Vest elD em railways The Illinois the Santa Fe lie tho Alton Allon the Missouri Pa chic amid aud the Frisco railroads and a of important shipping Inter Interests ests intervened as s The Thie question raised sa said III Judge in rendering his opinion In iii its ILs larger aspect Is not so much a question between the shippers and the lie railroads s as between the commercial and amid Interests of Don Den Donyer Dener yer er and of the lie territory east or of the Mississippi river on the thc one side and the he commercial and manufacturing In crests of the lie Missouri cities cilles on the tue other I The railroads In the river rivel rate case caso sought to have hae the Inter Interstate state Commerce commission enjoined permanently from enforcing an of the lon made June 24 IPOS relating to joint rates front rom the At Atlantic lantic seaboard to river cities This order sought to create a system I of through rates from the Atlantic seaboard to the Missouri river that were a reduction from the sums ot or orthe tIme the local rates This according to western roads rands threw the burden upon them rho joint rate rale now In from flom the Atlantic seaboard to the Missouri river rier on matter Is a I hundred POUl s The rho reduction pro proPOsed posed by the commission was to I TIme through rate now III force on the ho I same matter from the Atlantic s sea seaboard m board to the Mississippi river Is S 87 I coats which plus the through rate rute from fi tIme the Mississippi river to the ho Mis river GO 60 cents cent makes time the same total per hundred as the tho JoInt rate rale from time tho Atlantic seaboard to tolie 1 lie Missouri river The commissions defeated purpose purpose have the Atlantic A sea seaboard board to deliver doliver goods to Missouri I 1111 river clues cilie on a joint rate mime cents less than could have hae been done one If the shipments wore sent L to the he Mis Mississippi lIs river and then themi re resent sent to lie Missouri river In the case it Is said the lie seaboard b by shipping dl di direct to Denver under th the order ot of the commission could save 23 cents on shipments and proportIon proportIonately on other r classes instead of ro re reshipping shipping at al the Missouri Shippers of the Missouri valley thereupon pro protested protested tested vI lint tho enforcement of the order would them decision if sustained will willIt It Is said the lie power of the tho In I Il l Commerce commissIon to the tho I settlement of cases or of rate rale II tion doii lii In the lie case the railroads I that the principle laid down I h b tIm tho commission would be b prop proper r i applied to one roach but lint thal Its to more one would work a hardship because of the ex cx expense pense of operation ot of terminals b by each road Tho also contended that Ilie reductions ordered b by th the commie I aba slon meant discrImination J vestern and merchants III pers favor faor or of the Atlantic seab seaboard ar ship shippers I Speaking Of oC time the of the com coni the tho opinion says We are not prepared to 53 say that hat the hue commission has hns the tho power to en entel tom tel upon a plan hooking toward towar It a toni tem of rates rutes wherein time the rates for longer and shorter wili taper ward according accordi ng to dIstance pro I such tapering Is compre comprehensively I and applIed I applied with a design of oC carr carrying I out what may mar be the tho economic fact I that on the whole It Is worth some som something thins thing Jc less s probable to carr carry for thu tho long dl distances than the ho short dJs dis distance lance tance But does not follow that p pow power Jw er el of that character Includes oler b the use uso of oC differentials to hilly divide the hue country into Inlo zones to given ghen trado and nd centers the commie sion sian In iii such cases having as a result I to What hat the tho trade and manufacturIng conters shall bo be Cor or such power vaster than an any one ana body of mon has heretofore exercised though exerted in Specific In Instances stances would bo be putting In the hands or of tIme the commission the general power or of life liCe and ond death over oer eVOI eVery trade und and manufacturing center In the Unit United United ed States The Tue opinIon holds that the commis commission I sion siDn In attempting to its or order order der to 10 exercise colossal power Pt Judge CrOssCUP contInued It Ii It hi urged that hint though the If fir the thc order In hi the tho Missouri river rate case Is to dIscriminate In favor of at the Atlantic seaboard and the MIs river cities against the central territory and In tb the the Den Ien Dener ver er case In favor of oC Denver and tb the eastern river country I the Missouri river cities the discrimination Is not iio wI the meaning of the Interstate corn com commerce merce act and that therefore the tho courts have no to enjoin The Tho wIth this argument I ii that tt It draws urn no distinction between the pow power or er that lint the lie commission Is gl glen en and amid a power that the commission is 16 usurping Judge Grosscup opInion concluded ed It must be understood however lint the these o two orders of oC time the slon sian are arn enjoined sole solely because In our judgment tho they la lay upon time the corn com and manufacturing of Dr the local affected that congress never should ho put forth a antI I therefore are outside the power conferred upon ullon the lie commission IJ by congress for with the Question of ofa a re reduction In rate or a of rates from which such artificial rc suIts ha have been wo arc nrc not now ilow dealing |