The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-05-12
REPrRIIC SPECIAL.


and Fox. that the so-called bridge arbi-
try OF ST. Louis does not exist contrary
TO the laws OF the State. II such arbi-
tray exists at all.
The court sustained the demurrer OF
the St Louis Terminal Association. and
denied the custer asked for by Attorney
General Crow in the proceedings insti-
tuted last year.
The Attorney General contended that
the Merchants Bridge Terminal Com
pany of St. Louis and the Terminal Rail-
way Association Of St. Louis could not.
under the law of the State. be owned and
operated by the same persons. because
such consolidation would be in violence
TO the State statute which holds that no
two parallel and competing lines of rail-
way can be combined under one manage
ment. In order to test the law as IT ap-
piled to the terminal railways of the
State, and to break up the so-called
bridge arbitrary. Attorney General Crow
last summer fled custer proceedings
against the St Louis Terminal Railway
Association and asked that Jury be Sc
lected to heaE the evidence.
The Supreme Court received demurrer
TO the custer which was filed last fall,
and the case VAS set for argument at the
The demurrer fled by the defendant
company raised three points-that the in
formation did not show that the Mer-
chants Terminal and Terminal Railway
Association We're parallel and competing
lines: that the Information does not show
that they are railroads within the meaning
does show that the defendant companies
acquired their properties and provisions
after they were authorized to so do
HOLDS TERMINAL ROADS
DIFFER FROM ALL OTHERS.
The majority opinion holds that terminal
railroads are in a class to themselves. and
differ from lines which traverse State
and compete for bushes IS. and "annot be
parallel and competing because The pur-
pose is-to cause a uniform freight rate to
prevail between all railroads having their
terminals IN any one city. The Constitu.
tion permitted the various railways enter
ing St. Louis 10 converge their termini
into one terminus by serving them with a
terminal line. In reference 30 the con-
tention that the Merchants Bridge Com
pany and Terminal Railway Association
were competing lines when they were
merged. the court says
The facts stated III the Information do
not justify the conclusion therein drawn
that the Merchants Terminal was at the
time OF the consolidation complained Of
4 competing line with the lines of the re-
spondent.
The court also holds in sustaining the
tarr,i,al ,ines cnrld not he against nuhIic
policy, since the General Assembly eN-
1on7
The opinion says: What right, there
fore. has the State now to demand the
annulment OF the respondents charter on
the ground that i, has done an act which
it had no corporate power TO do. and
which was then contrary 10 the public
policy. when the State itself has. since the
act was gone sohherreo on me respomaenit , ~
was in the interest of the public? In SO
far as II appears from the Information,
marion on was filed has expTessiv authorized
me I9ig & ot .Ge sf y, ~ ordsnin rng IN.
Woula noI pc 1us,inea IN con1s;n',R I,t'ii Ins
JJ-DcE c,NTr RENDE,RS
nJsSESTINr. r sr> u->,c opINIoN : r ~
Judge Can't filed a dissenting opinion.
ss - So - ~ pa,,,r
-. - I,,z,,a Ta-.s,n 80. so,s, ,h,.
the demurrer sbouls NOT have been sr,s-
tained, and says:
The vast 1s IA AMOUNT OF eapitai h;f INFESTED
,egitIna.ey py lhe fesPonuenl snou,u noe
contract or lease of 1888. Justice will be
subserved by compelling respondent to eX-
s.n erciss us Iranelses %iinin m me limits ot
rs its ehar,sr powers. ana py uep,,sIls ~ Oh
The judgment Of custer should go TO the
extent Of adtudging the contract OF lSss
lion and In o,,stine Ire nfficers of ali con-
troll Of the Merchants Bridge Terminal
Rallroao company, and, its propeIues, sna
operate said systems as competing lines"
,rI,y-r or, oprNJoN
DFTTvERED nv MAJORITY
,-,,,- --,-, A.,
cor,pt - '"e iiA'0'i'' 'p'''''' Vi De
In isT4 the structure now known O. the Eads
bridge across the Mississippi was finished. The
,sIroaa tfacks over that pr,ase na rs IrI
west and southwest until II merged al
pe:r.' vear Union Depot % Company WAS chartered.
which erected a Union Depot ard passenger
ro, win sTSh ond PeI,s From
yat' t5af date On there ' were various conppanes
SnaTered e,sct Shosr a tne ~ cdIsieir ainfsn and
use rsiirosd trscks Tor the purpose of handling
nanies - conninT into and out of the r-nion
Bepc, from the south and West. and also from
'"1r TbrSneh these corporstions right. OF way
were scaI,ed tracks or switch yaTas neSss csn-
nected with the tracks q the Union Depot
B estiss y :fr % ronnp Ds
S.nns III east and .Sronrb m. ,unnei and across
the Eads Sr1dse by means I OF whleh i1,s trains ..
~ & rai a. s;c,, - Vs. psceYed ~ ,Ln ayenriss
ot the Terminal COMPANY at The various RIO term.ni
% Q, me I1ninn pepSt and In ,ik. manner trains
departing from from The h. cify were s taken sharge
Ianx eile GIs1h -, 1..u
10 the ral,oaa cornpst,si. i q. IneI, rsspecuss
terirlni anu tneIe - sH.ea
trackn sno spuns, II, "a ~ -. ,,,str,,y ain
estsbIsIILl,Yhes "a 81 s--,;raI " A4""e
the kenera cqsIs Tar, a,d ~ nsssan.sr ts.ios ,,s
Ne oIloli s,,,,ss,n.r.ir ,-aJ &
all US elnipIneI's ,,ls Lioseu
inIihes .,,d TS Trentvfrst etreats
.a-,nI -. ,..eon,- r,ozyp.SrrS
-, - ,..-ro >,rpcEp
-ssa ~. go, ,,-,o-,.,o-. .L