The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-09-11
DAILY, $40 A YEAR.
CENTS A COPY.
WEEKLY 2-TlMES-A-WEEK 81 A YEAR
RATES ORDERED RESTORED.
JUDGE sPEER STOPS THE BIG
RAILROAD WAR.

The Injunction Leaves the Matter
where II Was when Held Up by
Judge simOnton's Edict-Judge
speer's Injunction Obtained by
Representative of the Wholesale
GrOcers of Macon and Augusta.
Augusta, Ga, Sept. 1O.-Judge.. Emory
Speer has issued a mandatory order COM
pelling the Southern States Freight Asso-
citation and 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 ST.
monton's injunction.
Joseph r. Lamar, the attorney who rep
resented the complainants, returned this
morning from Mt. Airy, Ga, where he
went to get Judge Speer to sign this or
der. On application of Paul Muslin of this
city, representing the Wholesale grocers
of Macon and Augusta, Judge speer
passed the order.
The order recites that the violation NJ
the third clause of the Interstate COM
merce law, which prohibits discrimina-
ton against one locality in favor of an
other, and the great damage being done
by the discrimination In favor Of Atlanta
against the balance Of the state, are d.
rectly contrary to the law.
1t required immediate action on the
part of the complainant to have the rights
of himself and other wholesale merchants
protected and the Injunction was fhere-
fore signed by the court
There are some material differences i'm
,the bill brought by Mr.. Lamar before
Judge speer from the bill recently brought
before Judge Simonton by the Port ROYAL
and Western Carolina railroad.
Ihe latter bill was brought by Mr.. Ave-
rill, as receiver, and alleged that the cut
rates were destructive of property an the
hands OF the court. The new bill brought
py MI Lamar before Judge Speer, in
which Paul Muslin (representinr rner-
chants Of Augusta and Macon, appears.
claims that the rates are violative Of the
interstate commerce acts, which prohibits
discrimination, and this bill seeks TO have
rate wars prohibited, which are inaugtira-
ted for the purpose of crushing out
weaker roads In the interest Of the stron-
ger, or which give rates In the interest Of
one locality against another.
After recognizing the claims OF the
plaintiff, Judge Speers order saws: .'It is
thereupon ordered that a mandatory in
junction do Issue under the seal of thia
court commanding the defendants and
each Of them, their servants, agents.
lessees, confederates and associates. 10
readopt and renew the rates on Interstate
freight shipped TO Atlanta and other points
within the Jurisdiction Of the circuit court
Of the United States for the Fifth Judi
cial circuit, as they were OF force and had
been recognized and approved by the in
terstate commerce commission as reas-
enable on and after Sept. 5, 1896, and they
are enJoined from continuing the rate cut
ting and rate war as described in said bill
"On application OF relator and plaintiff
ordered that all persons, firms, compa-
nies or corporations, inturiously affected
as aforesaid by the conduct Of defendants,
or either of them, as described in said
bill, may, on their motion, be made par
ties PLAINTIFF to this proceeding.
Ordered further, that a copy of this
order be served forthwith by the United
States marshal for the southern district
of Georgia, on the agent OF the Seaboard
Air Line, at Augusta, and as usual on the
presidents, 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 president or
officer Of principal control of each of the
defendant companies and of the Southern
States Freight Association.
Order 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. Emory Speer, Judge"
Copies of the order were served on the
local agents Of the Southern aud Sea-
board Air Line this afternoon.