New-York tribune., 1902-03-25
SIX RAILWAYS ENJ0INED
INTERSTATE COMMERCE CON-
MISSION WINS FTRSTBATILE
DEFENDANTS CONSENTED, PROBABLY
so THAT OTHER COMPANIES MIGHT
BE BROUGHT INTO THE
CONTROVERSY.

Chicago. March 24-With the consent Of the
defendants Judge Grosscup in the Federal
Court to-day issued the temporary restraining
order asked for by the Interstate commerce
Commission against six railways entering Chi
cago. The order viii hold until June !, or until
further orders from the court. The railroads
affected by the injunction are the Lake Shore
and Michigan Southern, the Pittsburg. Cincin-
llati, Chicago and 81. LOUIS, the Pittsburg. Fort
Wayne and Chicago the Michigan Central the
Illinois Central and the Chicago and North
western.
In addressing the court. before counsel for the
railroad said that no opposition would be made
Judge W. A. Day. for the government. said that
fewer men than can be counted on the fingers
Of two hands enjoyed a monopoly in freight
rates in the United States when grain and the
proceeds Of the stockyards 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 so bold
that they openly and brazenly billed the freight
at illegal rates. as the government would show.
While the regular rate packing house prod
,lcts was published al 23l2 cents. the govern
ment was prepared 70 show that the favored
shippers We're given rate as low as - cents,
while the low rates were denied 70 all the rest
Of the people Of the country.
Judge Day said. further, that the same prac-
tices prevailed on all traffic generally used for
the ordinary necessaries Of life. He pronounced
such practices as open defiance Of the laws OF
the land and a great restraint upon trade.
Before entering the order Judge Grosscup
said:
But for the compliance Of the defendants
would have required the fullest possible near
ing. The matter is one Of extreme Importance
and not to be decided without the most mature
deiberatiOn. o.,
Personally believe that freight rates should
be as steady and equal as postage rates, ana
that no determinations should be made. me
person who turns over freight 10 a common
carrier for TRANSFORMATION should be made 70 feel
rhat ne VIII enjoy the same rates as every other
shipper The kind Of traffic on which these pl!!S
are based Is much more complicated Jhan man
able matter. and the rates, therefore, Should pe
subjected 70 that much strlcter regulation
But the question here Is what power the gov
ernrnent has to enforce the provisions Of this
interstate commerce act If this application Tor
en- Injunction can be maintained II viii make
the courts of equity the masters q the maj l.
fenance 0f rates. Such finding might also
prove 20 be the vitaliziug principle of the act
II any departure from the established rates is
made by any Il these railroads during the pen
slency Of these orders the court Will take great
pains 10 seek out the offender and provide
against further violations
Il is believed that the railroads named agreed
rot 70 contest the petition for an injunction at
this time in order that other roads might event
ually be brought into court and compelled TO
live up 20 the provisions Of the sherman law
and the Interstate Commerca act