Omaha daily bee., 1902-03-26
RAILROADS MAY FIGHT LATER
Submit to Temporary Injunction, but
Will Oppose Permanent Order,
EIGHT WESTERN LINES ARE INVOLVED
Counsel Representing Roads Admits
Plan 90 Resist the Continuance of
Restraining Decree of
Judge Phillips.

KANSAS CITY, March 25.-Judge John
F. Phillips, in the United States district
court here today, issued a temporary re-
straining order against eight Chicago Kan
sas City and Kansas City-St. Louis rail-
roads on application Of Judge w. A. Day,
counsel for the Interstate Commerce COM
mission, who asked that the roads be en-
Joined from deviating from published
schedules It was mutually agreed by
Judge Day and counsel for the railroads
that II the arrangement could be made the
Kansas City and Chicago cases should be
argued Jointly at Chicago on June 23, at the
time the similar case In that city Is to
come up. This was agreed to by Judge
Phillips The restraining order issued by
Judge Phillips is practically the same as
that issued in Chicago by Judge Grosscup.
The following named roads are affected
by Judge Phillips order; Chicago & Alton,
Chicago Milwaukee & st. Paul; Chicago
Great Western. Atchison, Topeka & Santa
Fe; Chicago. Burlington & Quincy; Missouri
Pacific. Chicago, Rock Island & Pacific and
the Wabash.
Attorneys I'm the Case.
Among the attorneys representing the diff
ferent roads were George r. Peck, st. Paul;
C. A. Severance, Great WESTERN Gardiner
Lathrop, Santa Fe and Rock Island; o. NJ
Spencer, Burlington; Elijah Robinson, Mis-
souri, Pacific, and F. B. Sebree, Wabash.
Major william Warner, United States dis
trict attorney of Kansas City, assisted
Judge Day.
In addressing the court counsel for the
different railroads made no opposition to
the issuance of the restraining order.
Gardiner Lathrop said that while he did not
wish to waive any rights of his clients he
would not oppose a temporary order, made
returnable some time in June, and this
proved to be the sentiment Of all concerned
Judge Day said the government was fully
prepared to go into all phases Of the cases
now, but that the temporary order would
be satisfactory. 1t was suggested that 1t
might be we'll to argue the Kansas City
aud Chicago cases jointly at Chicago. Sew
eral dates were suggested. but they con-
f1cted with Judge Phillips term of court
Finally 1t was mutually agreed that the
Kansas City case should be argued at
Chicago on June 23, II 1t we're found possi-
BILE to make the arrangements with the
Chicago officials.
Judge Day and the counsel for the various
roads arrived in the city this morning. The
session OF court lasted but half an hour,
after which the various counsel departed
for their homes. Judge Day left late in
the day for Chicago.
Want TO Reserve Right TO Fisht.
While the counsel for the different rail-
roads offered no objections to temporary
writ, they asked for stipulation, by which
they waive none OF their rights to
ile a motion or take other action to dis
solve the injunction when the time comes
to argue the case more fully. The import
OF this is that the railroads will resist an
order making the injunction permanent, IL.
after an investigation, there is found to
be a weak spot in the interstate commerce
act on this point or II they believe that
the power of the federal court to hold the
railroad to thSir published rate schedules
is limited. ono OF the attorneys represent
ing two Of thu largest railroads running out
OF Kansas CITY, admitted this is to be the
position OF the railroads when questioned
on the subject by a reporter. Another was
not so explicit but he said this was an
important question to the railroads and
they wanted time to investigate. This was
the reason why the railroads would not
consent to a permanent injunction at this
time. Meanwhile, the temporary order, he
said would be obeyed.