Omaha daily bee., 1907-06-15
HADLEY STATES BIS POSITION

KANSAS CITY. Mo. June l4-The con-
fict between the state and federal courts
that arose here today over the enforce
msnt Of the Missouri maximum freight and
two cent fare acts. which went into eject
Ht midnight last night caused great con-
fusion, and the end is not yet in sight
While Judge Smith McPherson was IN the
United States district court awaiting the
arrival Of the attorneys for the principal
railroads Of Missouri, who had brought g
joint suit asking him to enjotn the en-
forcement Of these new laws. the httor-
nsys were holding a conference over new
turn In affairs. During the morning the
circuit courts. both in Kansas City and St
Louis. had, upon petition Of Attorney Gen.
srRl Hadley, issued an injunction against
the railways compelling them 70 obey the
laws The suits were filed IN Kansas City
by james c. kennish, assistant attorney
general. and IL St. Louis by Mr.. Hhdley.
FeaernI suit Postponed.
When the railway attorneys finally came
to the federal court their suit was post
poned by Judge Mcpherson until tonor-
row. The railway attorneys urged a post
poaement Of the case for ten days OF two
weeks but this Judge Mcpherson refused.
Yesterday the Judge had issued order,
upon request Of the re calroads. restraining
the cou1plainauts from putting into effect
and complying with the laws and today
when the complication in the circuit
courts action arose, be continued his order
In effect This the court said. he did ''as
great harm might be done and much con
fusion arise n the status quo should be
changed"
Much confusion did result during the
day. IN the minds Of the railway agents,
Bs 70 what rates they should charge, and
- RoN
court had the proper jurisdiction, and
which should be respected. The railways
ultimately respected the order Of Judge
Mcpherson. and did not comply with the
new laws.
Assistant Attorney General Keuuish de-
clared taht the injunction asked by the
4 railroads was most remarkable The ral-
FscHds." said he. "ask the court to enJoin
ths of6cerE from putting into effect the new
Law. The state VIII hold that because of
this fact the state and its people are not
enjoined by the federal court and that the
state court has jurisdiction"
Attorney General HRdley il expected here
tomorrow 10 argue the states SIDE.
MePhers0n Reviews Case.
In renevtnE his temporary order this Rftr
s-noon and postponinE the cases until to-
morrow Judge Mcpherson gave an inter
esting review OF the situation. He said IN
part:
Here are eighteen cases In which all
the railways Of the state ask 70 file sup
plsmental bills IN equity in the eighteen
cases, brought two years ago against the
state officers 10 enjoin the enforcement Of
statutes Of 1906 fixing rates The charge
was made that the rates were not remun-
erEtive but eonhscatory and therefore void
by reason Of the United tsRtes constitution
"As TO wether these supplemental bills
may be flied was set down for argument
this morning AZ the opening Of court These
rate statutes presunptively are valid. and
n valid went into effect al midnight last
night Seeing the gravity Of the situation
this court on yetserdsy. on its own motion,
on inspecting the proposed supplemental
bins entered e restraining order, restrain
ing the railways from carrying out the
recent statute until the matters could be
heard as TO filing the supplemental bills on
which. II fled q temporary injunction
should issue"
me court spoke Of todAy's action In the
circuit courts and continuing. said:
An courts state and federal recognize
the delicacy Of real seeming conicts BE-
tween the courts All courts recognize that
other courts are IN good faith. And this
court appreciates the situation
closed today counsel for the railways
moved for q oontin1Enos for a week OF ten
Gays 70 the END that the situation might
- hooked into These delays cannot be al
lowed The interests OF the public and the
railway alike demand the speedy deter
rninRtion Of an questions connected with
the foregoing statements wei al
questions connected with the validity OF
invandfty OF the rate statute recently en-
acted BY the state legislature Of Missouri "
ST. LOUIS. No. June IA temporary
restraining order operative against ssven
railroads ceutsrtng IN 81 Louis OBJ
tAined today from Circuit Judge Reynolds
by Attorney General HRaiey as part u 3
movement instituted by him 70 compel the
railroads uf Missouri 70 obey the 3-ceni
rate passenger fHre Law ana the maximum
freight rate statute. both Of which weni
into eject TO-DAY. The action IN ST Louis
! was sinuitansOns With q similar action n
: Kansas City. where Assistant Attorney
Z General Eenniah obtained a temporary re-
strainfnE order against other roads Of Ms
sourL Eighteen roads are concerned IN the
matter.
re ordsr ISSUED by Judge Reynolds hers
A. directsd against the Wabash Iror
1GsuntAin. C0ttOnbeh Missouri PRCihc, 81
Louis. Kansas Csgy aud Colorado. Missouri
Kansas ana TexAA. and 81 Louis and Han
nibsl roadH-
The railroad representatives are cited tC
appear before JndEs Reynolds on June - q
show cause Why ths in5unCri0l issues
should Lot be mads psEmGnenI
NotwathsaGDdinE ths nJuncti0a. tisketi
were sold To-Day AZ the usual s-os1a rate a.
Uniou station an dEi the CITY ticket uf,
nos Iackst sEsurs safe they has no III
stractions 70 6eylAts from the usual s.
cent fare rate. Many purchasers q tick,
4 cts asmanded rsOsiptA hopang they magh'
u Obtain rebates Il tho S-osut rate law 81
evsutuaIy upheld by the courts and nads
0DGrErive
Hadley DtaeuESea CaRe.
when Attorney General Hadley lsHrnet
toaay that the railroads. through Attor-
nsy Fr4nk HAseIInsn. obtsinad Al iuJune-