Freeland tribune. (Freeland, Pa.) 1888-1921, 1892-01-21
LEHIGH VALLEY WON.
A Decision Rendered in the
Famous Suit.
COKE BROS. & CO.'S ANTI-DECRIMI-
NATION CASE is SETTLED BY THE
UNITED STATES CIRCUIT COURT IN
FAVOR OF THE RAILROAD MEN.

Judge Acheson has filed an opinion in
the United States Circuit Court, at Phila-
delphia, in which Judge Butler con-
cnrred, refusing the application made by
the Interstate Commerce Commission for
an injunction against the Lehigh Valley
Railroad Company, in the Coke Bros. q
Co. coal freight discrimination suit. The
matter was argued short time ago,
when Attorney Simon Sterne, of New
York, appearing for the commission,
contended that the order which had
been made on the railroad company was
binding, and that the court should hold
it to be final. John G.. johnson, appear
ing for the railroad company, urged in
opposition to this that the finding of the
commission should be considered but
prima facie evidence, and that the whole
matter should come before the court SO
that both sides could be heard.
The controversy arose in this way.
Coke Bros. q Co. alleged that coal
shipped by them from sundry places in
this region, over the Lehigh Valley Rail
road, to Perth Amboy, N. j., was sub
jected to higher rates than coal sent by
the Lehigh Valley Coal Company. The
matter was before the Interstate Com
merce Commission, which decided it in
favor of Coke Bros. & Co., but the decree
for contempt of a compliance with its
order could not be enforced. The courts
aid was asked and an injunction applied
for to restrain the railroad company
from continuing the alleged discrimina-
ton.
The court decided, in view of the
denials and averments of the defendants
answer that the motion must be dis
missed, but without prejudice to the
right of the petitioner to file re-appli-
cation. The effect of the decision, as
summed up by prominent railroad man,
is as follows:
The findings of fact and the points of
law decided by the Interstate Commits
sion are not conclusive in this applica-
ton, and the whole question must be re-
inquired into and passed upon by the
court hereafter, the same as though the
other proceeding had not been taken,
of compelling Coke Bros. & Co. to take
the burden of proving the facts, the de-
cision of the court has the effect of put
ting upon the Lehigh Valley Railroad
the burden of overcoming the conclusions
of the commission and establishing the
reasonableness of the existing rate of
tolls.
So far as the matter has gone, how
ever, it is plain that the Lehigh Valley
Railroad has the right to manage its own
business in its own way without the in
reference of the Interstate Commerce
Commission. This decision, coupled
with a similar decision in another cir
cult, denies the assumed power of the
Interstate Commerce Commission to de-
eide finally upon what are reasonable
rates of tolls, and tends to weaken its in
fluence, a result that will not be unwel-
come to the vast numbers of investors
in railroad securities who have been
viewing with some trepidation the recent
tendency of irresponsible people to take
advantage of legislative enactments to
imperil and assail this species of prop
rety.
1t has not yet been given out by the
Drifton operators whether they will push
the case any farther, but is unlikely, as
their dealings with the Lehigh Valley
have almost if not entirely ceased since
the opening of the d. s. &. S. 1t would
not be of any pecuniary benefit to the
firm to continue the struggle against dis
elimination, and Coke Bros. & Co. are
not the people to waste their time in
fighting when nothing of personal inter-
est is at stake.