Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-02
Injunction Continued in Force
Against Chicago Warehouses
and Railroads
ELEVATORS ARE FOR PUBLIC
Saves Grain Market to City of chica-
eo-Injuncton Holds Good Until Full
Supreme Court Passes on Question
Victory for the Chicago Board of
Trade.

Chicago. Aug. 2.-Victory came to
the board of trade yesterday in it's le-
gal battle against the railroads and
warehouse men.
Judge Orrin N. Carter, of the Hi
nois supreme court ruled against the
three railroad companies and five ware
house concerns which have sought to
withdraw their elevators from public
service. He. held that the writs of in
junction issued by Judge Honore re-
contemplated action shall remain in
force until the main body of the SUI
preme court has had an opportunity to
pass upon the merits of the civil war
which for nearly a quarter of CEN
fury has rent the board of trade.
Judge Carriers decision will dispel
much of the anxiety that has prevailed
on the board for months, and is re-
garded by some as almost equivalent to
final decision of the case. Final or
der will be entered at the October
term of the supreme court.
In the meantime the board will be
in a position to perfect it's arrange
ments for settling the question of
storage of grain for this market The
decision also means that the buying
and selling of grain by means of ware
house receipts has been assured a
temporary protection at least, and
that this vast industry will not be
driven to o.her markets.
Following are among the pertinent
statements made by Judge Carter in
his decision
THAT should the injunctions be
dissolved at this time it would mean
the buying and selling of grain by
means of warehouse receipts practice
ally would cease in this city.
That grave injury would come to
the industry which stores in ware
houses in Chicago from 15.000,000 to
30,000.000 bushels of grain annually
for commission dealers.
THAT it cannot be contended per-
son can use his property as he desires.
regardless of the interests of others.
THAT the dangers arising from COM
bining in the great railways the BUSH
ness of storing large quantities of
grain along with their duties as COM
mon, carriers are not slight.
"'rhat the technicalities upon which
the defendant companies base their
pleas will not be regarded by the court,
who says Equity seeks the substance.
oh ra1litiac tprhui-
calites"
Judge Carter, introducing his opin-
ion. points out that the constitution
provides that all storehouses where
grain or other property is kept in stor-
age shall be regarded as public ware
houses. He gives a brief description
of the three classes into which ware
houses are divided. designated as
classes, A, and c.
Taking up the merits of the controv-
ersy. Judge Carter pointed to the fact
that. altho the information filed by
the states attorney was accompanied
by affidavits in support OF the allesa-
tons the defendants failed to reply
with sworn statements.
when a raotion is made to dissolve
an Injunction without filing an answer
of affidavits in support thereof it must
be assumed that the allegations of
the information are true said the
court
Ion this hearing it rightly was as
sumed by counsel that the same ques-
tions are involved. and that the same
principles OF law control as on the
hearing of preliminary Injunction or
on y. motion 10 dissolve such injunction
in the trial court Preliminary injunc-
tons are granted to preserve property
rights in statu quo, pending the deter
animation of a suit.
"TheN allegations of this information
show that for some forty years or more
business conditions have adapted
themselves to the methods of shipping
and storing grain in elevators of class
A. and it is evident that if the fifteen
TO twenty million bushels alleged to
have been stored in these public ware
houses in Chicago each year must be
shipped and stored in a different way,
the change being made all at once or
without a given date, such radical
change would cause great injury to the
grain shipping and receiving interests
in Chicago and the state.
"l'his means that the buying and
selling of grain by means of warehouse
receipts would practically cease in the
city. No showing is made in this rec
ord that any loss or injury will accrue
to the defendants if the injunction is
continued If it be fact that such
injury would arise it could have been
shown on a proper answer and affida-
Wits in support thereof
'Manifestly it must be concluded that
the injury to the people of the state
the moving party herein--will be i'm
mediate. certain and great if this in
junction is not continued, while there
is every reason to assume from TINS
record that the loss or inconvenience
to the opposing party will be compar-
atively small or insignificant.