New-York tribune., 1896-05-29
FRIDAY,
MAY 20. 1896.

are engaged in the business Of: and are within the
tent. AS so engaged no nuisance would be Federal
TIL II should become actual by obstructing tness
and is no. alleged or claimed to have obstructed
the roads for Government purposes in any manner
The United States may maintain a bill in equity
f. tn repeal % m & for o land &C. 5 Sr a sa nveno
and State to protect its interest in components Of
the soil under its navgable waters. or to prevent
ssrssi party s"s poDft here the United
of or to have any proprietary interest in any q
these al or TO have Ss oner ba 20 have M
prohibitory statutes for regulating commerce os.
tween the States respected and SSeyed sne SAM
with the mails should be- Breaches Of such statutes
se seh are no
in equity is elementary A plaintiff In equity Tor
terest in the subject Of prevention or be given
press authority to proceed In that way by stature.
mission 10 have proceedings for the enforcement OF
that law taken and prosecuted but that Is under-
nSs in such n and not to aathorss any
that are unknown there. The right given here 10 TO
prosecute. but not to provide, remedies.
prohibited as are for the pooling OF freghts or
dividing aggregate or net proceeds OF earnings.
So far this agreement goes each road carries the
freghts it may get over its own line. at its own
other OF the earnings itself Very able judicial
opinions and learned commentaries and dis1uisl.
ons upon pooling too numerous Tor separate notice
herein. have been referred to; but none make 1t IN.
ciude what is left in wholly separate channels.
Provision reasonable although equal or pro-
portiona rates for each carrier, or for just ana
proportional rate for each carrier or for just and
not seem to be either pooling of their traffic, or
freghts, a division of the net proceeds OF fher
earnings In any sense.
This tatement of reasons seems quite inadequate
10 the very full and able argument upon which this
case has each side been presented but these con-
clusions have been reached upon full consideration
of all, so far understood: and as they appear to
be sufficient for the disposition OF the case, no
more is attempted Bill dismissed
MAY BE CARRIED UP.
When United States Distrct-Attorney Mac
farlane was asked yesterday as 10 the effect or
the decision he said: Judge Wheeers decision
is but a preliminary step in the matter. There
are questions OF law involved which can only be
conclusively acted upon by an Appellate Court,
and have no doubt the will go to the United
States Supreme Court. and will receive early
coreidera its next session. the fall term"
The bill OF complaint in the case or the Uni ~
States against the Joint Traffic Association W.
drawn and argued by United States District-At-
torney Macfarlane on the part or the Govern.
ment, James c. Carter, Edward j. Phelps ana
others arguing for the railroads. The bill was
filed January =, and fingered in the United states
Circuit Court some time for various reasons, one
Of the principal being that there was doubt
as TO any of the judges being qualified to sit In
the caSe, owing to their possible or probable
ownership of railroad securities in some form.
Judge Wheeler was found to be qualified. and the
case was argued before him in April.