Omaha daily bee., 1902-12-16
URGE END OF CUT RATES
Government Asks Temporary Injunction
Against Fourteen Western Lines.
VIOLATIONS or SHERMAN LAW ALLEGED
Argument ReEins in Chicago, where
judge GrOsscup and JudRe r
Philips Are sitting as
Court en- Banc.

CHICAGO, Dec. 15~.-Argument for a tenn
porary Injunction restraining fourteen rail-
roads from cutting rates in violation Of
the Sherman and interstate commeree acts
vas begun In the United States circuit
court Of appeals today, Judge Grosscup OF
Chicago and Judge Phillips OF Kansas City
sitting en- banc.
Eight OF the cases we're brought before
Judge Phillips on March 2t. when a bill
was presented by the government At the
instance OF the Interstate Commerce COM
mission and a temporary restraining order
entered without argument.
A similar bill was brought before Judge
Grosscup against the other six roads and
a like order entered.
The railroads against whom the ~injuno-
tion is asked are: Michigan Central, Pitts
burg q Fort Wayne; Pittsburg. Cincinnati.
Chicago & st, Louis. Lake Shore a Michi-
gan Southern, Illinois Central and the Chi
cago and Northwestern, affected by Judge
Grosscups' order. Chicago q Alton, Chi
cago, Milwaukee q st. Paul. Chicago
Great Western. Atehison, Topeka q Santa
Fe. Chicago, Rock Island q Pacific. Chit
csgo. Burlington q Quincy, Missouri Pa
cihc and the Wabash against which Judge
Philips order was operative.
Special Attorney w. A. Day presented the
governments case. while Attorneys J. NJ.
Dickinson OF the Illinois Central and Robert
Dunlap OF the Santa Fe argued for the rail-
roads.
The hearing Of the fourteen cases in Chi
cago simultaneously is by agreement Of
counsel.
Dickinson opposes Motion.
Mr.. Dickinson. general counsel OF the
Illinois Central, took up most Of the after
noon. He first pointed out what he con-
sldered an important omission from the
government bills Of declaration, declaring
there was no allegation Of discrimination
as to rates on packing house products,
while there were such allegations az to
grain rates.
IF an injunction can issue on such allie
cations he said, then q new chapter in
American Jurisprudence must be written"
The decision In the Debs case was fire.
quently referred to, Mr.. Dickinson claim
ing that the ruling mad in that case was
extraordinary and suited to an eKtraord-
mary crisis, but he insisted the Rpplica-
tlon of the decision should not be made
commonplace.
At one point Judge Grosscup interrupted
the argument by asking:
III the majority Of shippers along a GER
NNha hAho VI ~ -
against and driven out OF business, are not
the hundreds Of farmers along the same
line injured by having to sell their pro-
ducts to only one purchaser"
THAT point seems to lie outside this
BILL" said Mr.. Dickinson, Though l admit
the wrong is sufficiently set forth as to
grain shippers"
but who can assert the right Of all
these farmers IL not the government under
the interstate act2" asked
Judge Grosscup.
They can assert It themselves" was the
reply.
'Is not that the ground upon which the
government interferesf Does not the nt-
torney general ask injunctions so that oil
| these individuals win not be compelled to
bring separate actions2" inquired Judge
Grosscup.
Mr.. Dickinson did not answer directly.
THAT is the question that will have to be
adjudicated," he said.
The district attorney briefly answered the
points raised by the railroad authorities.
He laid stress on three principal PROPOSE
tons:
~ That the cases come within the anti
trust law.
G0 That the interstate commerce law also
rs That without any such acts Of con-
gress a court of equity had the power
to listen to and grant the prayer of the
attorney general on behalf OF the people.
He said the court was asked simply to
enjoin the defendants from departing from
their published rates.