The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1907-09-27
Restraints STATE
Federal Judge Lochren at Request
of Railroad Stockholders En-
joins Minnesota Officers.
.ARRAIGNEO LEGISLATURE
He Said Such Laws AS Enacted Were
Vicious and Are Disgrace to
the Ase-The Power of
Congress.

st. Paul, Mimi, Sept. 21.-Judge
William Lochren of the United States
circuit court Friday afternoon in
lengthy opinion granted the request of
the complaining stockholders of the
railroads operating in Minnesota, that
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 does
not interfere with interstate COM
merce; second, that merchandise rates
ordered by the state railroad commits
sion September /, 1906, shall remain
in force third, the two-cent passenger
rate enacted by the last legislature is
not confscatory and shall remain in
effect. The injunction only affects
those rates which were to have taken
effect June 1, last, but which did not
because of the restraining order of the
court
In his opinion the court savagely ar.
raigned the Minnesota legislature,
There is no question" said the court,
"but that such legislation (referring
to the rate laws of the recent SESSION.
is vicious and disgrace almost TO
the civilization of the age 1t is a
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 ten
railroads had made a sufficient show
ing to get relief from the officials of
the railroads before appealing to the
bills of complaint. 1t was evident, he
said, that the railroad officials did not
hesitate to act on the requests of the
stockholders not to observe the legis-
latiye rates with any relief on their
part that such rates were fair, but
hesitated because of the severe crimi-
nal penalties for violation of the state
laws. He had no doubt but that the
directors and officers of the railroads
were entirely justified in refusing to
hazard the penalties that might fall
upon them in taking steps to save the
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 control
not only of interstate commerce, but
the avenues of such commerce and
the rates thereon whether within or
without the state | believe congress
has also the power TO control navi-
gable coast waters. bays, lakes and
rivers, no matter whether such waters
are entirely or only in part within
any one state"
AS to the legislative commodity
rates the court concluded by saying:
THE act of April IS fixing commodity
rates has not yet gone into effect,
being restrained by preliminary order
of this court. 1t appears that in view
of the lessening of rates by this act,
the compensation allowed the rail
roads would not be sufficient. In fact,
such rates are prohibitive, so the pre-
liminary injunction prayed for may
issue against those. For the stronger
roads, these rates come very near be-
ing compensatory but with the weaker
roads, they are far from being COM
pensatory."
The court also held that the bills
of the complainants are not multi
farious, but are properly joined in
the issue. Order was made by the
court that the demurrers to the com
plants be overruled. A master to
take testimony will be appointed
later.