Show RATE SUITS I TO COME UP ON I I Counsel for fot Government Assert Assert Assert As As- sert Commerce Court Erred in Enjoining Orders of Interstate Interstate Inter Inter- state Commerce Commission MOTION WILL BE MADE FOR AN EARLY HEARING Issues Involved in Transcontinental Transcontinental Transcontinental and aid Intermountain Cases to Be Presented Simultaneously Simultaneously Simultaneously Simul Simul- t to Supreme Court WILL CONSOLIDATE CASES CASES' CASESI I WASHl WASHINGTON Nov O 21 21 Coun Counsel vv sd sel for rOl till the government late to toay today today to- to day ay filed with t the e commerce court a writ of appeal in the transcontinental rate cases Time Tho appeal is from temporary tem tem- Injunctions granted b by the commerce court in the cases ses Involving of the long and short mill haul provision rovis on of the interstate com com- law A motion was also filed by y tl the e government counsel that flint a final a making permanent lent the time t ions b be he granted by the commerce con court ourt d. d In the assi assignment ment of oC errors govern govern- couIl counsel el assert assell that th the commerce court in Cn tho the preliminary In Injunctions injunctions In- In junctions a against the time orders order of or the in- in commerce commission did not riot take ake cognizance of oC the f ts that the petition and affidavits of ot the railways a asking the tho Injunctions do not s set ct tt forth fortha rth t a sufficient cause use to warrant the granting of the time preliminary Injunction th Vi h. h n t tn f q- q w k th 1 l. l n f. f tl 11 i tt 1 t o A commissions commission's n n I n- n order rd t that lU t th the tho petitioners n r did lid not show shO that there 1 II is nn any equity In n their petition upon which to grant lIe lie injunction that the tho commission acted f within its Jurisdiction and 1111 that he ito l jm petitioners have have- not shown wn that the commission I Ifon fon violated l any tany ln right Ight fC iy y the 4 01 Jon ion r. The rie government counsel contend that hat the tile court erred In holding that the h ong ng and short haul provision does dofOs not authorize the division of ot the United States Slates Into five five- zones zone prescribed b by the commission In holding that the time law docs does not authorize tho the c commission to prescribe the percentage b basis ls of ot rates and in maintaining that the com commissions commission's commissions commis commis- sion's Alons orders were unconstitutional and void because the they were beyond tho the power ower of at the he commission to I Issue sue It Is averred the court erred also in granting the preliminary injunction In Inthe inthe the lon long and short haul hani cases eases particularly ul ly because the commission In Issuing is issuing Is- Is s suing the order orlIer proceeded ed entirely In accordance with tho the law It Is de declared le- le dared also o that the court erred in de- de flying the motions of oC the United States s sand and the interstate commerce commission commission commis commis- sion slon to dismiss tho the petitions for in in In- junction The appeal will 11 ill be granted b by the i commerce court and the case will be he betaken betaken taken immediately to the United States supreme court There a motion mil be flied filed for an early earh hearing Under the law lass this motion probably will be granted ted The rhe motion filed flied b by the government counsel to have hac a final decree entered in the Intermountain cases will be granted by 11 the commerce court In or- or j A I II P rr nn n WI iI il AT J t i t r tJ ii flin UI- UI LV U l. l L w 11 a cases bet before re the tho supreme court It willbe willbe will be necessary for tor the commerce court to give e formal notice to all aJl parties In In Interest Interest In- In terest o of this motion and It Is lIkel likely therefore that tho the final decree making the time temporary temPoral injunctions permanent will not be J Issued for two or three weeks v The appeal from tho permanent inJunctions in- in Junctions then thon will sill be taken b by the tho government to the time supreme me court Time Tho appeals l 1111 be bc consolidated and heard by 11 the supreme e court at the same time |