Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-09-26
Restraints STATE.
Federal Judge Lochren at Request
Of Railroad Stockholders En-
joins Minnesota Officers.
ARRAIGNED LEGISLATURE
He Said Such Laws Az Enacted Were
Vicious and Are q Disgrace to
the Age-The Power Of
Congress.

st. Paul, Mimi, Sept. 21.--Judge
William Lochren of the United States
circuit court Friday afternoon in o
lengthy opinion granted the request Of
the complaining stockholders of the
railroads operating In Minnesota, that
q temporary Injunction issue against
the commodity rates enacted by the
last state legislature. The court, how
ever, made preliminary rulings with
the attorneys for the state on three
other points, first, that the exercise
OF rate-making power by the state doe.
not interfere with interstate com
merce; second, that merchandise rates
ordered by the state railroad commits
sion September 1, 1906, shall remain
In force third, the two-cent passenger
rate enacted by the last legislature Il
mot confscatory and shall remain In
effect. The injunction only affects
those rates which were to have taker
effect June l, list, but which did not
because Of the restraining order Of thu
court.
In his opinion the court savagely ar
raigned the Minnesota legislature
There is no question:" said the court |
but that such legislation (referrins
to the rate laws Of the recent session.
40 vicious and disgrace almost tc
the civilization Of the age. 1t il .
reproach to the intelligence and sense
OF Justice Of any legislature which
would promote acts Of that kind"
The court opened with an explana
ton that the stockholders Of the ter
railroads had made q sufficient show
ing to get relief from the offlcials o.
the railroads before appealing to thu
bills Of complaint. It was evident, he
said, that the railroad officials did moi
hesitate to act on the requests Of tn,
stockholders not to observe the legis
lative rates with any relief on theIi
part that such rates were fair, but
hesitated because OF the severe orimi
nal penalties for violation Of the state
laws. He had no doubt but that the
directors and officers Of the railroad,
were entirely justified in refusing h
hazard the penalties that might faI
upon them In taking steps to save tho
stockholders from loss.
There is no doubt In my mind,
concluded the court, that congress,
can, under Interpretation Of the inter
state commerce law assume contro
not only Of interstate commerce, but
the avenues Of such commerce ant
the rates thereon whether within Of
without the state. / believe congress
has also the power to control navi
gable coast waters, bays, lakes ant
rivers, no matter whether such water
are entirely or only In part within
any one state"
A. to the legislative commodit,
rates the court concluded by saying;
The act Of April IS fixing commodity
rates has not yet gone into effect
being restrained by preliminary ordei
Of this court It appears that in view
of the lessening Of rates BY this act
he compensation allowed the rail-
roads would not be SUFFICIENT. In fact
Iueh rates are prohibltlve. 80 the pre-
iminary Injunction prayed for ma,
nsue against those For the stronger
'oada, these rates come very near Be
~ compenaatory but with the Weaksi
'oada, they are FAR from being CON
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