The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-27
NO FREIGHT RATE.
State Authorities EnjOined by
Judge Pollock.
Can Not Put in the New
Schedule Now.
LIKE LATE DECISION.
Must Wait Till nableness
of Rate Is Proved.
Were to Become Effective on
April 1.

The board of state railroad commits
sloners, G. w. KanaveI, c. A. Ryker
and F. j. Ryan, G. F. Grattan, attor-
ney for the board. and F. S. Jackson,
general attorney for Kansas, their
agents, servants and attorneys are
temporarily enjoined from putting into
effect the new sch edule of freight rates
which were ordered in by the board
and directed against all of the rail-
roads doing business in the state. The
rates were to become effective on
April /.
The injunction was handed down to-
day by Judge John c. Pollock in the
United States circuit court and will
remain standing until the merits of the
controversy have been gone into. A
hearing has been set for April IA at
lo O'Clock at Topeka at which time
arguments will be heard upon the pc
t1t1on of the railroads interested who
will ask that the Injunction be made
made permanent. The railroads claim
that the new rates are confiscatory and
in addition to that are discriminatory
The injunction is handed down in
connection with the application filed
by the Santa Fe railroad and it is evil
dent that the test case will be that of
the Santa Fe railroad.
The applications filed by the various
railroads were almost identical though
showing some variations in the attack
made on the new schedule of rates.
The main point raised is of course the
reasonableness of the new rates.
The complainants are required un-
der the temporary injunction handed
down today to file a bond to insure
the defendants, the state board of rail-
road commissioners and their attor-
neys, against any loss which may be
caused by the issuance of the order.
In enjoining the board Judge Pollock
says:
And it appearing to the undersigned
judge of the said court that there IS
danger of frreparable injury being
caused to the complainants before the
hearing of said application for prelim-
mary writ of injunction can be heard
unless the said defendants are, pending
such hearing, restrained as hereinafter
set forth, therefore complainant's ap-
plication for such restraining order is
granted upon its giving bond with two
good and sufficient sureties, securing
the defendants against all loss or dam
age from the issuance of said order If
it should be finally determined that
the same was improperly issued or
that may be awarded to them by rea-
son Of the granting of said order.
Now, therefore, it is ordered that you,
the said G. w. Kanavel C. A. Ryker
and F. ]. Ryan, constituting the board
of railroad commissioners of the state
of Kansas; G. f. Grattan, as attorney
FOR said BOARD OF railroad commission
ers of the state of Kansas. and F. S.
Jackson, general attorney for the state
of Kansas, defendants, your agents,
servants and attorneys and all persons
acting by or under your authority or
direction be and you are hereby spec
tally restrained and enjoined from fill
ing any suit in the supreme court of
the state of Kansas to compel said
complainant to comply with the pro-
visions of the order of the board of
railroad commissioners dated February
IA, 1908, and from prosecuting or as
sisting in the prosecution of any suit
or action against said complainant to
enforce against it any action, directly
or indirectly any penalty in anywise
depending or based upon the failure
of said complainants to recognize and
abide by the provisions of the said
order of the board of railroad commits
| sioners until the further order of this
| court"