Arizona republican., 1902-03-25
NO DEFENSE
 BY RAILROADS
To the Bill Enjoining Them Against
 Discriminating Freight Rates.

Chicago, M5,-Ct; 24-With the con- sent of the defendants, Judge Grosscup in the federal court today issued a te2lporary restrainius< orde asked fer by the interstate commerce commission against the railways entering Chicago. The order holds good until June l, or until further orders from the court.
 The railroads affected by the injunc- ton are: The Lake Shore and Michigan Southern, the Pittsburg. Cincinnati, Chicago and St. Louis, the Pittsburg. Fort Wayne and Chica go, the Michigan Central, the Illinois Central, and the Chicago and Northwestern Before entering the order Judge Grosscup said: But for the compliance of the defendants l should have required the fullest possible hearing. The matter is one cf extreme importance, and not to be decided without the most mature de- liberation.
 Personally. l believe the freight rates should be as steady and equal as postage rates. and that no discrimina uons should be made. A person who turns over freight to a common carrier for transportation should be made to feel that he will enjoy the same rate as every ether shipper. The kind of traffic on which these bills are based is much more complicated than mail- able matter and rates, therefore it should be subject to that much stricter regulation. But the question here is what power the government has to enforce the provisions of this inter- state commerce act. If this applica- tion for an injunction can be main tained, it will make courts of equity masters of the maintenance of rates.
 If any departure from the establish ed rates is made by any of these rail roads during the pendency of these orders the court will take great pains to seek out the offender and provide against further violations
 In addressing the court, before the counsel for the railroads said that no opposition would be made, Judge w. A. Day, for the government, declared that fewer men than can be counted on the fingers of two hands enjoyed a monop- oly in freight rates in the United States, when the grain and products of the stock yards and the interests affil- lated with them were to be shipped The railway, he said, ignored all law and while cutting rates went on prior to the year 1901, during that year the companies became so bold that they openly and brazenly billed freight at illegal rates, as the government would show. While the regular rate oil packing house products was published at 2312 cents. the government was pre- pared to show that the favored shippers were given q rate as low as 15 cents illegally maintaining such tariffs, while all the rest of the people of the country were denied them.
 Judge Day declared further that the same practices prevailed on all traffic generally used for the ordinary neces- saries of life. He declared such prac- uces to be in open defiance of the laws of the land and to be great restraint upon trade. It is believed that the Railroads named have agreed not to contest the petition for an injunction at this time in order that other roads eventually might be brought into court and compelled to live up to the pro- visions of the Sherman law and the interstate commerce act.