The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-09-16
JUDGE SPEER STEPS IN
Orders Roads to Adopt Form
er Rates and Cease Cut
ting.

AeusrAu, Sept, 10.-Judge Emory
Speer has Issued mandatory order
compelling the Southern States Freight
association and the Seaboard Air Line
to restore the rates recently cut. This
stops the pending rate war and leaves
the matter where it was when held up
by Judge Simonton's 's iojuocrion.
Jos. r. Lamar, the attorney who
represented the complainatts. returned
this morning from Mt. Airy, Ca,
where he went to get Judge Speer to
sign this order o. application of Mr..
Paul Muslin Of this city; representing
wholesale grocers of Macon and Angus
ia, Judge Speer passed the order.
The order recites that the violation of
the third clause Of the Interstate COM
merce law. which prohibits discrimina-
ton iu favor Of Que locality against au-
other aud the damage being done BY
reason of discrimination 10 favor of At
lanta against the balauce of the State
are directly contrary to the law. l.
required immediate action on the part
of complainant to have the rights of
himself aud other wholesale merchants
protected and the ipjunc'!co was there
fore sigped oy the court.
There are some material; differences
ia the bill brought by Mr.. Lamar be-
fore Judge Speer from the bill recently
brought before Judge Simooton by the
Port Royal and Western Carolina rail
road The latter bill was tr"rgh' by
Mr.. Averil as receiver aud alleged
sba, the GU, rates were Destructive of
property 10 thc hands Of the court. The
new bill brought by Mr. Lamar before
Judge Soeer. 10 which Mr.. Paul Mus
tio, representing merchants of Augusta
and Macon, charges that the cuts are
violative Of the interstate commerce act
which prohibits discrimination, and this
bill seeks TO have rate wars prohibited,
which are ipaugurated for the purpose
of crushing out weaker roads IL the in
terest of the stronger, or which give
rates 10 the interest of one locality
agaicst another After recognizing the
claims Of the plaintiff. Judge SpeeF's
order says: It is tbereupon ordered that
a mandatory injunction do issue ander
the seal of this court commanding the
defendants, ADD each Of them, their
servants, agents, lessees, confederates
and associates, to reaaopt and renew
the rates on interstate freight shipped
to Atlanta and othe' poiuta within the
jurisdiction of the circuit court Of the
United States for fifth judicial circuit
as they we're of force aud had been re.
oognized and approved by the inter
state commerce commission as reason
able 90 aud after Sept. 8, 1896. aud
they are enjoined from continuing the
rate cutting aud rate war as described
10 said bill
On application Of relator aud plain
tiff, ordered that all persons, 6rms cot"
pauies or corporations. injurioo-'y al
fected ss aforesaid by the conduc, OF
defendants, OF either of them. as de-
scribed 10 said bill. may, 90 their mo-
ton, be made parties plaintiff t" this
proceeding
x x * x y x x x =
Ordered further tha; a copy OF this
order be served forthwith oy she United
States marshal for the southern district
Of Georgia on the agent cftbe Sea5oard
Air L;ne at Augusta and as usual o"
the president or other principal officers
Of the same, wherever ne ma: be found
and that copy be served 10 acc"rdsnce
with the practice in equity on the presl-
dsus or officer Of principal control OF
each os the defendant companies and OF
the Southern States freight association.
Ordered further that defendants have
leave TO move before me at. o" the
dav OF. 90 10 days notice to
plaintiff or relator fo' 40 order modify-
ing, setting aside or dischareiog this
order. Emory Speer, Judge.
Copies Of the order we're serSed on