Birmingham state herald., 1896-09-11
JUDGE SPEER SAYS STOP T The Railroad War Is Peremp-
 torily Ordered Off, RATES MUST BE PUT BACK The Wholesale Grocers of Macon and Augusta
 Were the Movers in the Matter. THEIR BILL SEEMS TO BE IRONCLAD The Injunction Granted Under the Third Clause of the Interstate Commerce
 Act-Defendants May Move for
 Dissolution or Modification.
RATES MUST BE PUT BACK
THEIR BILL SEEMS TO BE IRoNCLAD

Augusta, Ga., Sept 10.-Judge Emery Speer has issued a mandatory order compelling the Southern States Freight association and Seaboard Air Line to re- store rates recently cut. This stops the pending rate war and leaves the matter where it was when held up by Judge Simontons injunction.
 Joseph R. Lamar, the attorney who represented the complainants, returned this morning from Mount Airy, Ga, where he went to get Judge Speer to sign this order. On application of MT. Paul Muslin of this city, representing wholesale grocers of Macon and Au- gusta, Judge Speer passed the order
 The order recites that the violation of the third clause of the interstate com merce law, which prohibits discrimina- tion in favor of one locality against an other, and the great damage being done by reason of the discrimination in favor of Atlanta against the balance of the state are directly contrary to the law.
 It required immediate action on the part of the complainant to have the rights of himself and other wholesale merchants protected and the injunction was therefore signed by the court.
 There are some material differences in the bill brought by MT. Lamar before Judge Speer from the bill recently brought before Judge Simonton by the Port Royal and Western Carolina rail- road
 The latter bill was brought by MT. Averill as receiver, and alleged that the cut rates were destructive of property in the hands of the court. The new bill brought by MT. Lamar before Judge Speer in which MT. Paul Muslin, repre- senting merchants of Augusta and Ma con, appears as complainant, ayers that rate wars are violative of the interstate commerce act which prohibits discrimi- nation, and this bill seeks to have rate wars prohibited, which are inaugurated for the purpose of crushing out weaker roads in the interest of the state, or which give rates in the interest of one locality against another.
 After recognizing the claims of the plaintiff Judge Speer's order says
 Tt is thereupon ordered that manda- tory injunction do issue under the seal of this court commanding the de- fendants, and each of them, their ser wants, agents, lessees, confederateS and associates, to readopt and renew the rates on interstate freight shipped to Att lanta and other points within the juris- diction of the circuit court of the United States for the Fifth Judicial circuit as they were of force and had been recogniz- ed and approved by the interstate com merce commission as reasonable on and after September 5, 1896, and they are en- joined from continuing the rate cutting and rate war as prescribed in said bill.
 "On application of relator and plaintiff 1t is ordered that all persons, firms, com panies or corporations injuriously af- fected as aforesaid by the conduct of the defendants, or either of them, as described in said bill may, on their mo- tion, be made parties plaintiff to this proceeding.
 "Ordered further that a copy of this or der be served forthwith by the United States marshal for the southern dis trict of Georgia on the agent of the Sea- board Air Line at Augusta, and as usual, on the president or other principal officer of the same, wherever he may be found, and that copy be served in accordance with the practice in equity on the pres dent or officer of principal in control of each of the defendant companies and of the Southern States Freight associati tion.
 "Ordered further, that defendants have leave to move before me at -, on the day of>--, on ten days notice to plaintiff or relator for an order modify ing, setting aside or discharging this or der. EMERY STEER,
 Judge"
 Copies of the order were served on local agents of the Southern and Sea- board Air Line this afternoon.