The San Francisco call., 1899-05-09

CHE Southern Pacific Company Of
Kentucky and elsewhere received d
setback yesterday in the United
States Circuit Court when Judge
Morrow refused TO grant the mo-
uol of the companys majority in the
Railroad Commission TO dismiss the suit
brought against the Commissioners by the
railroad company known as the grain rate
cases. Judge Morrow at the same time
rebuked the Commissioners for false state
ments contained in the BlackstOck reso-
luton and gave the commission free
lesson in law when he told the Attorney
General that a molten to dismiss should
emanate from the plaintiff to be entitled
to any standing In court
Attorney General Ford and Robert Y
Hayne, representing the Railroad Com
missioners; E. S Pillsbury, representing
the kentucky corporation, and Assistant
United States Attorney Woodwork, rep
reSenting the United States as intervenor,
met in the court at half-past 10. Mr.
Ford presented the resolutions adopted
by the Commissioners and made a state
ment TO the effect that no good would aC-
CTue by having the suit prosecuted be
cause the question Of rates had been set
tied already. He therefore moved that
the case be dismissed.
What have you to say to this motion,
Mr.. Pillsbury? 1t appears to me that in q
matter Of this kind the plaintiff should
have something to say said Judge Nor
q have nothing to say" replied Mr..
Pillsbury. The railroad company, Of
course, has no objection TO the dismissal
but ! have nothing to say in the matter"
Have you anything to say, Mr. Wood
worth. on behalf of the United States as
interVenor?" asked the Judge.
L don't want TO have the costs put
upon the United States as the interVenor,'
replied Mr. Woodwork. The fact that
the claims OF the railroad company have
been settled on behalf of the Govern
ment, Of course, can have no bearing on
the present question except that we don't
want any OF the costs to be saddled on
the Government"
What have you TO say, Mr. Hayne?"
asked his Honor. Il nave nothing at all
70 do with this notion, replied Mr.
affair. I have been employed by the Rail-
road Commissioners TO prosecute this
case vigorously and | think that the suit
should go on l don't see why 1t should
Judge Morrow thereupon took up the
language Of certain parts OF the Black
stock resolution and said that the state
ments contained in those parts of the res
olution were incorrect, in fact, false. He
called attention particularly to the fol
lowing paragraphs, which were disre-
spectful 10 the court, besides being un-
true
And whereas. said suit Is still pending
and undetermined and said restraining
order stll subsists, the effect Of which
has ever since BEEN and still is TO effec-
tuallF Tie the hanQB or SAD board, ana
preclude and prevent 1t not only from pro-
ceeding to enforce said resolutions. but
practically from carrying out the purpose
OF its creation in the regulation OF fre!ghts
and fares within the State; and Whereas
il IS the desire and purpose OF this board
II freed from the restraint Of said litigation.
to proceed in the manner contemplated by
law 70 investigation into and an ad-
justment OF any and all instances Of unlaw-
ful discrimination or exorbtant. oppressive
OF unjust charges which may be shown to
exist within said State; and generally, to
regulate and enforce rates and schedules
Of freights and fares within the State such
shall be fair and Just to the shipper and
carrier alike and thereby meet the require
ments OF the law and whereas this pur-
pose cannot be carried out or effectuated
while the hands Of said board restrained
by the injunction resting upon It,
Il Will deny the notion" added the
Judge after he had dissected the Black
stock effusion.
Il will withdraw all those statements
which your Honor thinks are not correct
and will renew my motion" said Mr.
Ford
Il don't think that the motion should
come from you, the defendant in the