The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-09-24

company, the AtchiSon, Topeka &
Santa Fe Railway company, the Santa
! Fe Pacific Railway company and the
| Southern California Railway company
Commissioners Report Is Used.
This case being at issue upon COM
plant and answers on file, and having
been duly heard and submitted by the
parties, and the commission having,
after due investigation, made and filed
a report and opinion herein containing
/ its findings of fact and conclusions
/ thereon, which said report and opinion
is hereby referred to and made part
Of this order. 1t is ordered and ad-
judged that the defendants, the South
ern Pacific company, the Atchison. To-
peka & Santa Fee Railway company,
the Santa Fe Pacific Railway COM
pany and the Southern California Rail-
way company, be, and they severaIly
are notified and required wholly to
cease and desist, from and after the
goth day of June, 1902, from main
tanning or enforcing a rule or reguIa-
ton whereby shippers of oranges, lem
ons or other citrus fruits from points
in southern California to points on and
east of the Missouri river and other
eastern destinations are denied the
right of designating for the trans
portation of their said property and
having such property transported over
any of the defendants established and
routes between any of the aforesaid
points of shipping and destination at
the published schedule rate or charge
applying over such route or line.
1t is further ordered and adjudged
that said defendants. the Southern Pa
cific company, the Santa Fe Pacific
Railway company and the Southern
California Railway company, be, AMI
they severally are hereby notified and
required wholly to cease and desist,
from and after the goth day of June,
1902, from failing and refusing, as mi
tial carriers. to keep open for the use
fI7a TI6iT IicI7e or
charge for the transportation of or
angeS, lemons and other citrus fruits,
from points in southern California to
points on and east of the Missouri
river, for and during all of the time
such rate or charge mag be lawfully
in force, over each and every of the
established routes is in their published
joint schedules or tariffs stated 70 ap-
ply and from further continuing their
present practice whereby the applica-
ton of such published rate or charge
over any of such published established
routes when specified by {. sfipper for
the transportation of his property is
allowed to or withheld from such ship
per and the property shipped ~ him as
they, the said defendants, or either of
them, may determine.
Order to Each Defendant
And it is further ordered that a no.
tice 'embodying this order be sent
forthwith TO each of said defendants, |
together with a copy of the IMPORT and
conformity with the provisions of the
fifteenth section of the act to regulate |
commerce.
Now. therefore, it is ordered adjudged !
and deereed that the Southern Pacific /
company, the Atchison, Topeka < San |
ia Fe Railway company, the Santa F'e |
Pacific Railroad company, sometimes |
designated as the Santa Fe Pacific |
Railway company. and the Southern |
California Railway company, ana their |
officers, agents, employees and servants |
be and they hereby seyerally are. from |
and after the making and entering of
this decree, enjoined and restrained !
lation or disobedience of said order and |
requirement of said interstate COM |
merce commission, and they are hereby /
enjoined and required fully to obey the |
same in all respects
WeIIborn Opposes.
bIr. Milliken, of counsel for the rail- |
way companies, asked that an order 1
be entered suspending the operation t
of the decree for 90 days, pending |
preparations for an appeal, and Judge |
Wellborn was about to make the or
der when Joseph H. Call, special coun- |
sci for the interstate commerce COM |
mission, said he wished to be heard /
in opposition to the order.
Mr.. Call said he wished to call the |
attention of the court to the fact that |
this matter had been pending before |
years ago the interstate commerce /
commission had ordered the defend |
ants to desist from their unlawful /
practices. This order the railway COM
panies had treated with silent con-
tempt. Further, Mr.. Call did not
think 1t was good policy to suspend |
a decree OF injunction pending an ap-b