Evening star., 1902-03-25
Date for Argument Set.
The Cases in Chicago.


| With the consent Of the defendants,
| Judge Grosscup. in the federal court in
| Chicago, yesterday issued the temporary
| restraining order asked for by the inter-
| state commerce commission against six
| railways entering Chicago. The order holds
| good until June I, or until further orders
| from the court.
| The railroads affected by the injunction
| are the Lake Shore and Michigan Southern,
the Pittsburg, Cincinnati, Chicago and st.
Louis; the Pittsburg, Fort Wayne and Chi
| cago; the Michigan Central, the Illinois
Central, and the Chicago and Northwest
Before entering the order Judge Grosscup
said: But for the compliance Of the de-
| PENDANTS l should have required the fullest
| possible hearing. The matter is one Of ex-
| treme Importance, and not to be decided
without the most mature deliberation.
personally 1 believe freight rates should
| be steady and equal as postage rates,
and that no determinations should be
| made The person who turns over freight
| to a common carrier for transportation
| should be made 20 feel that he will enjoy
| the same rates as every Other shipper. The
| KIND Of traffic on which these bills are
J based is much more complicated than mail
| able matter and the rates therefore. should
| be subjected to that much stricter regula-
| ton. But the question here is what power
| tho government has to enforce the provi-
sions Of this interstate commerce act. If
| this application for an injunction can be
maintained it will make the courts Of equity
| the masters of the maintenance of rates.
Such a finding might also prove to be the
| vtalizing principle of the act.
IF any departure from the established
| rs ties Is made by any of these railroads
during the pendency Of these orders the
| court will take great pains to seek out
| the offender and provide against further
| Violations
Position of the Railroads.
In addressing the court before counsel
| for the railroads said no opposition would
be made, Judge W. A Day, for the gov
errment declared that fewer men than
can be counted on the fingers of the two
hands enjoyed n monopoly in freight
rates in the United States when grain
anC the proceeds Of the stock wards and
the interests 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 companies became 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 231a
cents, the government was prepared to
show that the favored shippers were given
rate as low as ID cents, illegally main
tt lining such tariffs, while all the rest of
the people of the country were denied
them. Judge Day declared further that
the same practices prevailed all traffic
generally used for the ordinary necessaries
of life. He declared such practices to be
in open defiance of the laws Of the land
and a great restraint upon trade.
1t is believed that the railroads named
agreed not to contest the petition for an
roads eventually might be brought int,
court and compelled to live up to the pro-
visions of the Sherman law and the inter
state commerce act.