Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-08-23

EVERY POINT IN rAvoL OF THE
ROADS.
by Tclesihph to tho NEWS.
a RAILROAD CAsr.
Decision Rendered In Favor Of tho
NnInnnnlt..

DALLAS, Tex, Aug. %. - United
States Judge Mccormick, In q decision
Ia the casr of the railroads against the
Toxins Railroad CummissionurE, do
ciied every point In favor OF the rail-
road companies anu granted an in
Junction against tho commissioners,
restraining them from establishing
the proposed rates. By the rates pro-
posed 10y the commission, the railroads
claimed they would have been COM
PEELED 10 run the roads at serious
iOte.
The decree reviews Texas railroad
IL ilGing and the agitation leading to
the adoption Of tue constitutional
amendment authorizing this commits
sion. Judge Mccormick then says
there " M such collision between the
complaining trust companies anu rail-.
roads shown ns would prejudice the
rights Of trust companies TO file bills.
Moreover the trust companies show
an equitable interest in fair earnings
OF the railroads; actual OwnerHhips
and possession " securities Of roads
whicn are being Injured and
threatened with destruction by tho
railroad commissions acts. They
show further that the railroads arc
coefced by the commission and the
directors cannot exercise their judg-
ment and discharge their duties as
they should and would but for said
coercion.
The court then goes on to show that
the railroads were bullt under liiu
extreme hNrdHhips OF opening up y
new country aud having towaita long
time for returns; also that the charac-
ter OF the soil Is such No g. render Il
extremely difficult 10 construct ana
maintaiu sound rorio, anu the proper
cost OF plants AS they exist ,odny uX-
| Cec1s the amount Of this bonded IN.
dtb,edncss. The earnings OF these
rUaus, s.ys the court, have not been
diverted 70 Improper uSes, and none %
thcsc railroads, except the Gull VI
| Colorado anu santa Fu, have paid
| dtvidunte. some OF these roala have
had TO submit to the proucss Of reorgan.
/ ization under foreclosure preceding,
/ two OF thom n second tinic, and the
Gull road, which has no far escaped
this ordeal, now owes o floating debt
upwards OF 5000, 900.
" it'll Uncomfortable exceptions, the
! Judge faye, toe commission has re.
duCcd every tariff which IL touched
under the commission rites. Tho
Texas aud Pacific have derived only
| enough revenue to pay operating ex.
Ieuses aud the cost OF repairs, aud o
| Ier cent. on slI,O00 per mills. This
road, under such tariff, has over sgl2,.
! 900 ~ seven month";. Tue StALDuis
and Southwestern hRs not earned
necessary operating exi cusvs and
/ inIaN.sNI IN Rls1ffHaNt4a.a Ma.
loss to the International and Great
| Northern In the fuw months Il hns
/ boon out Of the hands 90 the receiver
shows greater ratio than 100000 per
annum. The loss 10 the Gulf o. Colo
ndo and sauta Fee from these commis.
sion tariffs eggTerste SS0O,001, The
| question OF the TeasOnablpness OF ratua
II eminently question for iudicial In.
vesligatlOn.
Under the commission's ruling the
reads are deprived OF the lawful use Of
their property without due process OF
law, In violation Of the Constitution OF
the United StateNepI In 10 far as they
arc deprived WHINE other pertons arc
| permitted to receive the profits OF their
invested capital the companies are
deprived OF the equal protection VI tho
law.
Pointing 10 the fact that the inter-
state commerce commission did not
possess, or claim power 10 enforce tho
rates fixed by II except through the
court OF highest Jurisdiction The coat
said that this commission would not
meet the exigency OF the hour II the
reas Tableness Of its rates could be
ibg1irou into before being enforced.
In conclusion Judge Mccormick Hays;
at clearly appears 10 me that every
| provision OF TINS law which tends to
force compliance with tho rates OF the
commission either they be reasonable
OF not Is invited"
| Orders were therefore Issued restrain.
ing the commission from enforcing or
trying to enforce any tariffs heretofore
issued or from issuing any more
tariffs agd sWoiniug all penons,
corporations and individuals lrom
suing the nilroad cOmpanioSundert the
tanils OF the Commission heretofore H.
sued or per circular t. bo issued tOr any
charge or penalty arising under the
commission law; eniOining tho rail.
roads from keeping In effect the tariff
heretofore issued or putting into effect
| tariffs hereafter to be Issued.
| Tho case was appealed 10 the United
States supreme Court