The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-10-01


ton. II Has Put an Fad to the
Fight ghat WAS On -- Decline Of
western Cattle Traffic is CausiTg
Some UneaSiness to the Traffic
3gen.
Nothing has occurred for years that has
given Western railroad managers aud
traffic officials greater satisfaction than
the decision of United States Circuit
Judse Tnayer, at st. Louis on Thursday
in the case Of inc receivers of the Kan
sas CITY, Pittsburg & Gulf AGAINST the
SANTA Fee, Missouri & Texas, and other
Kansas City terminal roads. Had the
court simply refused to grant the injunc-
ton prayed for, the boycott against the
Fitsburg K Gulf would have been put
IN ettCc;, and the war between the Pitts
burg Gulf and its connections would
have had TO be continued, at a great
loss Of revenue. until one or the other
gcl tired Of fighting
As it is, Judge Thayer, without decid-
ing the boycott question, settled the
whole controversy and put an end to the
nSht between the roads by ordering the
lfttsbuTS < Gulf to restore the rates to
Ne" OK VIA gulf ports 10 the Missouri
river to tie basis OF 49, cents, which
was the basis in effect prior to the com
ncneement Of the trouble This the rail
roads regard as a declaration by the
court that thHy were justified in refusing
q interchange traffic with the Pittsburg
d Gulf so long as that road persisted in
making unreasonatly low rates.
The fun text Of Judge Thayer's decision
mas been received here by local traffic
ofHc!al and is found to be of far greater
Importance than the first reports in5i-
Gated. The Pittsburg & Gulf is reb,ke5
Tor maintaining unreasonahly low rates
ahG forcing them on other lines
Regarding the rate question. Judge
Thayer in his decision, says:
as rule a railroad in the hands cf
receivers for the purpose IF el0su q
should not handle any traffic eXc!nf f0 af
rates which are reas enable and remilner-
:lUNe. UnremUnerative rates even If
IN they do not entail actual loss, ought not
70 ,pe put IN force on railroad D. Operty
IN judicial custody merely for the purpose
OF forcing concessions from he. ca ri
erS, unless the concession is one of mari
mount importance. which clearly ought
10 De granted. Especially is this tue
where Such action is liable to affect rates
Senerauy and disturb the co.dit.oas ua-
ger winch business is transacted where
Ine eHlstng rates are not shown to e
unreasonable.
Now, whether the existing conditions
70 the ditterential claimed according 10
the former practice and usage of iai :
++oiads' Is. as ! conceive a debatable ques-
uon. concerning which diffe. eat opidio
may reasonably be entertained. PIausf-
pie arguments may, doubtless. be mace
on both sides of this issue. 1t is not clear
10 my mind that the contention of the
gulf lines on this point IS tenable At all
events. am not so well satisfied that
they are right and that the concessions
ought 10 be granted, as to embark the
line which is now in the custody Of the
court in an effort to force a concession
OF d1nerentlal with all which such ac-
ton implies.
-, When road passes out of the hands of
the court and into the hands Of its own
ers, they will Of course. be privileged to
to ditferential and the policy of endeav-
oring to enforce 1t by q rate war. and
they will be free to adopt any rate
winch agrees with their views on this
charge for a temporary purpose and hold
ing 1t in trust, so as to speak has less
freedom Of action than the owners of the
property. 1t does not deem it eXpedient
munerative and which create universal
dIssension and excite a protest, even on
the part of other gulf lines-to enforce a
claim which on broad view of the Ques-
not prove to be we'll founded.
l shall accordingly direct the receivers
to conform to the lowest rate which may
be put in force by the South Atlantic
ta5lish a rate which is higher than the
one which was put in force by the Pitts
burg & Gulf in March, 1889.
The main question in the case, con-
cernfng the right Of the complainants to
an injunction. the judge reserves for fur
Their consideration and says he probably
will Dispose Of it within few days.