The advocate., 1897-09-01
SANTA FE RESTRAINED.
The Power of the Railroad Commissioners
to Fix Rates on Proper Complaint is
Sustained by Judge Randolph.

ousOdIneu Wy JuuSo nhuuOlpn'
The application for restraining Or
der filed by Attorney General Boyle in
Judge RandOlph's court, at EmpOria,
was sustained and the order was
granted. The order became effective
Monday. The Santa Fe attorneys in
sisted in their arguments that there
was no power in the State vested with
authority to- enforce the orders of the
Railroad Commissioners. In reply to
this argument Judge Randolph said in
his oral opinion:
"This lis new question of law which
has not so far been decided 1t is,
therefore, necessary that "a precedent
be made. The court thinks that the
creatures created by the State should
be controlled by the State which Gre
ated them.
IF there lis no power in the courts
to control them, as claimed by defend
ants, then the sooner the courts quit
and turn over everything to the cOrpo-
rations the better, as they seem to be
getting greater than their creator.
ITO me it looks as though the roads
had taken advantage Of this OppOrtu-
nifty when shipments were greatest to
change the rates for their own advan-
tage.
81 think the State is greater than the
corporations, and has power to enforce
the orders promulgated by the Board
of Railroad Commissioners. The in
junction is granted"
The order of the court as entered on
the journal is as follows
ut is ordered by said Judge that the
application of the plaintiff for a tenn
porary injunction in each of said cases
is allowed and granted, and the defend
ants in each of the above actions, their
attorneys, cOunselors, agents, employees
and servants are hereby temporarily
enjOined from further continuing or
further making operative and effective
within the State of Kansas the tariff
rates for the carriage of live stock by
the hundred pounds weight, with
fixed minimum weight per car, on bust
ness originating and terminating within
the State of Kansas, and from demand
ing, receiving and exacting any higher
VI 6AOttUCA JclL Ill vi I6lUC0 IlAhln IllG IdIAn
or rates for the carriage of live stock
within the State of Kansas established
by the Board of Railroad Commission
ers of the State Of Kansas on April z,
1897, and re-ordered and re-afirmed
on August 19, 1897, until the further
order Of this court or the Judge thereof;
and it is expressly ordered that this
temporary injunction and the proVi-
siOns thereof shall in no way control.
enjOin or restrain any action of the
Board of Railroad Commissioners OF
the State of Kansas, or in any way or
manner operate upon, enioin, restrain
or render imperative any further or
other order or tariff Of rates the said
Board of Railroad Commissioners may
at any time hereafter make or 0rdain.
"And it is further ordered that the
temporary injunction so granted and
allowed in each Of said cases is to be-
come operative and take effect on the
railroads Of each of the defendants.
and on each of the defendants, at /
o'clock on the morning of Monday,
August 80, 1897"
Attorney Hurd, of the Santa Fe, says:
'We will obey the injunction until it
is set aside. / have not yet been ad-
vised of the course my company will
pursue, but it is extremely probable