The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-16
Charging Them with Violating the
Sherman ANTITRUST and Inter-
state-COmmerce Acts.
ARGUMENTS OF COUNSEL
j. VI. DICKINSON IN BEHALF OF THE
RAILROAD COMPANIES.
Frequent Interruptions by Judge
Grosscup-SeveraI Points Discussed
by District Attorney Bethea.

CHICAGO, Dec. 15.-Argument for tenn
porary injunction restraining fourteen rail-
roads from cutting rates in violation of the
Sherman and interstate-commerce acts was
begun in the United States Court of APP
peals to-day. Judge Grosscup, of Chicago,
and Judge Phillips. of Kansas City. sitting
en- banc. Eight of the cases were brought
before Judge Phillips on March "a, when
bill was presented by the government at
the instance of the Interstate-commerce
Commission and a temporary restraining or
der entered without argument A similar
bill was brought before Judge Grosscup
against the other six roads and like or
der entered. The roads against whom the
injunction is asked are the Michigan Cen
trail. the Pittsburg & Fort Wayne, the
Pittsburg. Cincinnati Chicago & st. Louis,
the Lake Shore & Michigan Southern. the
Illinois Central, the Chicago & Northwest
ern, all affected by Judge Grosscup's or
der; the Chicago & Alton, the Chicago,
Milwaukee & st. Paul, the Chicago Great
Western. the Atchison, Topeka & Santa
Fe, the Chicago, Rock Island & Pacific,
the Chicago. Burlington Quincy. the Mis-
souri, Pacific and the Wabash, all against
which Judge Phillipss order was operative.
Special Attorney w. A Day presented the
governments case, while Attorneys j. NJ.
Dickinson, of the Illinois Central. and Rob-
ert Dunlap, of the Santa Fe, argued for
the railroads. Mr.. Dickinson took up most
of the afternoon. He first pointed out what
ne considered an important omission from
the governments bill of complaint He de-
clared there was no allegation of discrimi-
nation as TO the rates on packing-house
products, while there were such allegations
that the method of procedure adopted by
the government for securing an injunction
was too radical. IF an injunction can issue
on such allegations he said. then a new
chapter in American Jurisprudence must be
written
The decision in the Debs case was fire.
quently referred to in the arguments by
counsel for both sides Mr.. Dickinson de-
clared that the ruling made in that case
was extraordinary and suited to an extra
ordinary crisis. but he insisted that the APP
plicatiOn OF the decisions should not be
made commonplace.
AT one point Judge Grosscup interrupted
the argument by asking: IF the majority
OF shippers along certain line of railway
are Disseminated against and driven out
of business are not the hundreds of farm
ers along the same line injured by having
to sell their products to only one pur-
chaser"
THAT point seems to lie outside this bill"
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-commerce act?' asked Judge
| Grosscup.
They can assert it themselves" was
| the reply of Mr. Dickinson. '"They can APP
ply for an Injunction against repetition
! of the wrong"
lis not that the very ground on which
| the government interferes? Does not the
| attorney general ask injunctions here SO
| that all these individuals will not be COM
| PEELED to bring separate actions?" inquired
| Judge Grosscup.
Mr.. Dickinson did not answer this ques-
! ton directly. THAT is the question that
| will have to be adjudicated," he said.
| District Attorney Bethea talked for a
| short time before adjournment answering
| briefly the points raised by the railroad at.
| torneys. He laid stress three principa
propositions: That these cases come within
| the antitrust law, that the interstate-com-
merce law also applies. and that without
| any such acts of Congress court of equity
| has the power to listen to and grant the
| prayer of the attorney general on behali
| Of the people. He said the court in thes,
| cases was asked simply to enjoin the de
PENDANTS from departing from their pub
| lished rates.
The judges asked counsel for both side.
| to submit printed briefs of their argu
| ments. This indicates that a decision will
| probably not be announced for severa
| weeks.