The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-07
MISSOURI
RATE
RULING
E:NJOINED

Chicago. Nov 7.Judgcs Grosscup.
Scamen AMI Baker I'm the United
States circuit court yesterday grant.
cd a temporary Injunction restraining
he Interstate Commerce commi ssion
from carrying into effect its orler in
what is known as the Missouri river
rate case
The court did not go into the mer-
Us OF the law in the case, bat stated
hat tie temporary orior would issue
lnasmuch as no injustice would be
zone by allowing the old rate to con.
tlnue until the natte- Is finally ad-
Hdicltgl Judge Grosscup suggested
that the lawyers cndeavO- to agree
IN a statement of facts which could
be presented without loss of time to
he supreme court
Tie ruling oi the Interstate Com.
mcrce commission regarding lower
Yates between Mississippi and Mis-
souri, river points on shipments orig
mating east Of Pittshurg ami Buffalo
than on those originating west OF the
Cities named was allcge1 b. the all
r0gs whicl entered suit for an in.
junction TO be revolutionary The rul-
ing IL Was declares, n allowed to
stan1 would fix principle ianta,
mount io government ownership of
tire roads Tho ruling was also de
clarcd TO discriminate against com.
niunities west of Buffalo aud Pitts
burg Counsel fer tae commission
tookt he view that IL CHICAGO or any
other city consi lerel .sc,f discrlm.
mated against they hal but 20 prove
The fact to the commission to have
the ate eQualizcl With these op-
uCsing arguNeuts before them the
judges took the case under advise.
mcnt
Judge Grosscup in delivering the
ruling of tire court said:
"Onlv enc feature OF the bill in
the opinion OF iuc court need be
spoken Of a. this time That feature
grows ont OF The fact that under the
order of the Interstate Commerce com
mission a rate of nine cents less was
given or first-class ana other classes
Of f-eight prop1rtiouately 10 traffic
from the Atlantic seaboard TO Mis-.
SON. river points. than was given to
Traffic originating at intermediate
points The bill Of complaint cites the
opinion of the commission. which
frankly and clearly shows th6i a diff
ferental OF nine cents was created
TO mako the re lnction universal in
place OF iiflereGtial. would put the
eastern cities on an equality with the
Missouri river cities Whether the
bin au1 The answC- ana the opinion
of tho courts satisfactorily snow this
condition Is not consideref or attempt
ed to De passed on now. The ques-
zion which tie court Is concerned with
is; Has a prima facie case been
ma le out as causins the court TO on.
ter the interloeutory order prayed
for? The rules of the ili;;,.--st ate
Commerce commission arc authorized
on the p-nund that they would pre-
vent undue discrimination. The sole
point To be Consi lercd is what is un-
,ue discrimination Discrimination is
ajmittc's Is il due or undue? Many
points are involved IN determining
tais question, but the court holds
that sufficient rs shown In the bin TO
require Us 10 grant the interlocutory
a. ler In the first place there has
grown up ON the basis of the oil rate
the commerce Of the country We
cann1t overlook that TIE rule oi
the commission disturbs commercial
conditions. whicl have grown mp for
years on a basis of The present rates
which is sufficient 10 warrant tho
court I'm issuing a restraining order
until the case Is finally presented.
1T may be that the parties to this
proce ling can agree on the facts So
thai Tie case may go TO the supreme