The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-09-25
COURT STEPS IN TO
STOP UNFAIRNESS
NEW RATES PRoMULGA
CANNOT BE MADE EFFECTIVE FOR
THE PRESENT.

Injunction Secured From Judge
Newman of the United States
Court at Atlanta by the Central
Trust Company of New YORK
Against the Railroad Commission
and the Central MISUNDERSTANDING
to Be Oct. 3.
Atlanta. Sept. 24.-The Georgia Rail-
road Commission and the Central of
Georgia Railway Company have been
restrained from putting into effect the
states rates prescribed in Circulars 3O1
and 302. issued by the State Railroad
Commission.
The restraining order was issued to-
day by Judge w. T. Newman of the
United States Court. The commission
ers and the Central of Georgia are or
dered to show cause at 10 o'clock Sat
urday morning. Oct. s, why the injunc-
tion should not be made permanent.
Circular SO1. issued on Sept. 16,
makes a sweeping reduction on man
ufactured goods from Atlanta to
Athens, Augusta. Macon and Columbus.
Circular 3O2. issued on Sept. 21, re-
duces the rates on syrup from all sta
tions on the Atlantic Coast Line Rail-
road to Atlanta to II cents. and to Is
cents to Columbus.
The application for injunction was
filed by the Central Trust Company of
New York through its attorneys. A.
H. Joline Of New York, and Alex. c..
King of Atlanta.
Allegations of Complainant.
The principal allegations are that
the Georgia Railroad Commission in
a recent order had stated that the
freight rates within the state were just
and reasonable, but that the interstate
rates from certain points outside of
Georgia were too high; that the re-
ductions in circulars 3O1 and 3O2 were
made for the purpose of forcing a re-
duction of the interstate rates, and not
because the Georgia Railroad Commits
sion believed the interstate rates to be
unjust or unreasonable; that this re-
duction consequently amounts to in
reference with the interstate rates,
over which the Railroad Commission
has no jurisdiction under the laws
by which it was created; thar the
Railroad Commission is doing other
than the law creating it provides when
It undertakes to reduce rates that in
its opinion are already just and rea-
Eonable.
The bill OF complaint alleges that the
two circulars violate the fourteenth
amendment of the constitution of the
United States. In that they take away
from the railroad companies their
lawful earnings without due process
OF law and deny equal protection 70
bll; that the rates promulgated in
the circulars OF the Georgia Railroad
Commission so greatly reduce the rev.
enues OF the roads as not 70 allow re-
Enumeration for the capital involved.
Kills Chance 90 Earn Interest.
The complainant. the Central Trust
Company of New York. alleges that II
IA the trustee Of the second preference
income bond Of the Central Of Ceor-
gla Railway Company. This - nom
secumulailye bond. bearing Interest ~
the rate ~ 3 per cent. per annum, ana
its face yalue is t7.0o0.ooo.
The complainant states that - ~
bond a. q second preference bond, fhs
road must sarn 80 opsrafinT ekpenass
ang muFi pey me Interest % ~ nrai
preferences bonds before fhe compiain-
rni receiYsa cay iEfeTeef or fie second
pfefsfenof bonf.
Fof fhe frff fms in 80 sririenoe ~
ceai0nsss "a elsn fsw