New-York tribune., 1904-10-02
AGAINST ILLEGAL REBATES.

Tho ILLEGAL acts of the grain carrying railroads OF
the West by which, through rebates they hau eili'
mated all but few favored shippers from e"ede
ing IN the grain trade and put all the grain pro
ducers AT their mercy and the report TO the De-
partment of Justice that the six largest meat pcA
ing concerns, popularity known as the Beer Irust
were i'm a combination with each other ana WIN
many great railway lines. whereby they secured
large secret concessions in rates for the trahsPo
taton of their products which enabled them 10
practically mOnopOlize the fresh and cured meat
industry Of the United States presented TO the ao-
ministration the opportunity of determining "he'H-
er the United States itself did not have stahons
In its own courts of equity to break up such pi@O
tIces by invoking the powerful aid of an lnJuHc'io.
Accordingly bills of equity e filed by the Oh'ueu
States against dozen or more OF the greatest ran
roads of the country i'll which the BoVefhle'''
claimed that not only the acts complained or were
in violation of the interstate commerce law Out
constituted an attempt to mOnopolze interstate
commerce in the grain business in violation or the
Sherman Act and the government asked for an IN
junction. The railroads demurred. ciaiming'
First-That the remedies provided in the f act ito to
rfgIie t T,, iniupction at the suit of the
Second-That under the general jurisdiction IN
equity Injunction does not lie to restrain the vi.
olation Of a law even il the public is being injured
Third-That combination between railroad
company ana shipper 10 gran. tbsbjng tnF al mon
opoly is not covered or condemned by the ProtS t5
=
remedy by injunction will not lie under the law
The demurrers after argument were oVerruleu
and all questions decided in favor of the United
States and an injunction granted as prayed for
This was a real stride in advance. 1t means that
the small independent shipper can now rely upo"
the strong arm of his government to protect nm
against Injustice with which he could not cope
alone and that the remedy of injunction is open
| TO the government in such cases. II means that
| while the Democratic party has been clamoring TOT
| legislation to strip the courts of the necessary
| mower to grant injunctions. Republican admins
tration has been extending the use Of that writ Tor
the protection or the people IN their most important
interests.
The decisions in these cases were In the circuit
| Court and before they could be heard I'm the STU
prenoe Court Congress at the request of the Presi
| dent who desired make assurance upon this inn
| portant point "doubly sure passed law enabling
! the Attorney General to institute such suits and
conferring Jurisdiction upon the courts to hear and
/ determine them.
The right OF the cotton shippers of the South 20
route their own their own best advantage.
as against a railroad pool. which routing II for
their own purposes utter defiance OF the geogra-
ply Of the country the interests of the shippers
| was a question which presented itself about this
| time In Il most acute and distressing way. The
| government took tho position that the shippers
had The right they claimed to route their own ship
| ments which view the government successfully
/ maintained