Evening star., 1902-03-19
TO STOP RATE-CUTTING
MR.. DAY TO ASK INJUNCTION
AGAINST CERTAIN ROADS.
Expected That Suit Will Be Filed
at Kansas City, Mo-,
Today.

A dispatch from Chicago last night says:
Injunction proceedings will be started IN
Kansas City tomorrow by Attorney Will
lam A. Day of the interstate commerce
commission against the following railroads
operating between Kansas City, st. Louis
and Chicago: Atchison, Topeka and Santa
Fe Chicago. Rock Island and Pacific, Mis-
souri, Pacific. Wabash railroad, Chicago.
Burlington and Quincy. Chicago Great
Western. Chicago and Alton, and Chicago.
Milwaukee and st. Paul.
Each one of these roads was furnished
with the following notice and copy OF
the bill. to be filed with Judge Phillips of
the United States circuit court at Kansas
City tomorrow.
You will please take notice that on We'd
nesday, March 10, 1902. the undersigned.
acting on behalf of the United States of
America. will apply to the above-named
court, or to one of the judges thereof, at
Kansas City. Mo-. for temporary injunc-
ton or restraining order to restrain your
railroad company. it's officers. agents and
servants from departing from its published
rates. and from untustly discriminating In
said rates by paying rebates. or otherwise,
III respect to interstate traffic transported
appear and resist said application If you
shall desire so to do. w. A. DAY,
Special United States Attorney"
The bill to be filed tomorrow morning
sets IOFlH tndI ABOUT MdTCN 10 the Inter
state commerce commission requested the
United States Attorney General to direct
the district attorney to begin proceedings.
either by injunction or by some other
City railways from violating the "act to
regulate commerce" The Attorney Cen
eral at once directed the bringing of the
suit, both on the ground that the matters
complained of are in violation Of the pro-
visions of the act to regulate commerce
and also in violation of the Sherman act
to protect trade and commerce against
unlawful restraints and monopolies. After
setting forth that the accused roads are
common carriers and are subject to the
provisions of the interstate commerce act,
the bill recites that they have made sched-
| ules of 2;;a cents hundred pounds on
packing house products from Kansas City
to Chicago, this Being until January 1 the
only lawful rate Then it Is declared that
the railways involved secretly made a rate
of 1872 cents. with corresponding reduc-
tons through to New York, and through un-
lawful combinations received large quanti-
ties of packing house products later re-
batting to certain shippers the difference be-
tween the secret and the published rate.
Then the bill sets forth the facts dis
| closed at the recent investigation before the
| interstate commerce commission in this
| city.
The geenral counsels and general solicit
! tors of a number of the roads held a con-
| ference to agree on some course of action
| 1t was learned that Judge Phillips is at
| JeueISOl 1ity, MO-, ana Will PROBABLY not
| be able to go to Kansas City tomorrow. AS
| the attorneys of some of the roads cannot
| we'll go to Jefferson City on such short no.
| tice. it was agreed that Attorney Day, who
has gone to Kansas City, should be re-
| quested to delay action for day or two so
| as to afford the railroad attorneys chance
| to study the matter and make their argu-
/ mentS at Kansas City.
| number of the attorneys left for Kan
sas City this evening. While no definite
| course of action has been agreed on, 1t is
| understood that no serious objection will be
made to the Injunction. Most of the large
| railroad systems claim to be in favor of
| preventing rate-cutting and paying rebates
/ They say they will be the gamers if rates
| are maintained, it is the small and in
! direct lines that cut the rates to hold their
| own against the big companies, and that the
| latter are forced generally to meet the cut
| rates.
| The same charges OF secret rates and re-
| bates are made in regard to grain ship
| ments from Kansas City. After giving the
| details of these alleged illegal transa ctions
the bill concludes with the following ne
| titiOn:
| That subpoena or other suitable pro-
| cess may issue requiring the defendants to
| appear before the United States court for
! the western district Of Missouri and there
| make answer to all the matters referred to.
An Injunction. supplemented by a Temporal
| ry restraining order Is asked against the
| defendants. their representatives. officers
| agents. etc.. restraining them from carry
| Ing out any agreement to transport packing
| mousse products. dressed meats grain and
grain products at any other than the pub
| Hshed schedule: also to restrain them from
| departing from the established schedule i'm
| any concession conflicting with the legal
| rates.