The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-25
Petition of the Interstate-Commcr
Commission Granted ny Judge
Grosscup at Chicago.
REBATE PRACTICE CONDEMNED
ALL ROADS WARNED NOT TO MAKE
DISCRIMINATING RATES.
Judge Days Statement i'm Behalf Of
the Government - Recalcitrant
Witness in the Merger Case.

CHICAGO. March 24-With the consent
of the defendants Judge Crosscup in the
Federal Court to-day issued the temporary
restraining order asked for by the Inter
state-cOmmerce Commission against six
railways entering Chicago. The order holds
good until June J. or until further orders
from the court The railroads affected by
the injunction are the Lake Shore & Mich
igan Southern: the Pittsburg. Cincinnati,
Chicago & st. Louis; the Pittsburg. Fort
Wayne & Chicago. the Michigan Central,
the Illinois Central. the Chicago & North
western
Before entering the order Judge Cross
cup said: But for the compliance of the
defendants should have required the full
est possible hearing. The matter is one OF
extreme Importance and not to be decided
without the most mature elaboration. Per-
sonally 1 believe freight rates should be as
steady and equal as postage rates. and
that no determinations should be made. The
person who turns over freight to a COM
mon carrier for transportation should be
made to feel that he will enjoy the same
rate as every other shipper. The kind Of
traffic on which these bills are based is
much more complicated than mailable mat
ter, and the rates. therefore, should be sub
jected to that much stricter regulation. But
the question here is what power the gov
eminent has to enforce the provisions Of
this intersta te-commerce act. If this appli-
cation for an injunction can be maintained
it will make the courts of equity the mas
tiers of the maintenance of rates. Such
finding might also prove to be the vitaliZing
principle of the act. If any departure from
the established rates is made by any OF
these railroads during the tendency Of
these orders the court will take great pains
to seek out the offender and provide against
further violations
In addressing the court before counsel
for the railroads said no opposition would
be made, Judge w. A. Day, for the gov
eminent declared that fewer men than
could be counted on the fingers of the two
hands enjoyed monopoly in freight rates
in the United States when grain and
products of the stOckyards and the inter-
ests affiliated with them were to be shipped
The railway. he said, ignored all law, and,
while the cutting of rates went on prior
to the year 1901 during that year the COM
panies became so bold that they openly and
brazenly billed the freight at Illegal rates,
as the government would show. While the
regular rate on packing-house products
was published at 231z cents the government
was prepared TO show that the favored
shippers were given rate as low as 10
cents, illegally maitaining such tariffs,
while all the rest of the people OF the coun-
try were denied them. Judge Day declared
further that the same practices prevailed
on all traffic generally used for ordinary
necessaries ofslife. He declared such prac-
tices to be in open defiance of the laws of
the land and a great restraint upon trade.
1t is believed that the railroads agreed
not to contest the petition for an inJunc-
tion at this time in order that other roads
eventually might be brought into court and
compelled to live up 10 the provisions Of the
Sherman law and the interstate-commerce
act