The Montgomery advertiser., 1908-11-07
INJUNCTION
 IS GRANTED Against Interstate Com merce Commission. MISSOURI RIVER RATE CASE Old Rate to Continue Until Matter
 is Adjudicated. The Temporary Restraining order Was Granted by Judges Grosseup Seaman and Baker of Unit
 cd States Circuit
 Court.

Chicago, Ills, Nov. 6.--Judges Cross cup. Seaman, and Baker in the United States circuit court. today granted a temporary injunction restraining the Interstate Commerce Commission from carrying into effects its order in what Is known as the Missouri River Rate Case"
 The court did not go into the merits of the law In the cast. but stated that the temporary order would issue in- asmuch as no injustice would be done by allowing the old rate to continue until the matter is finally adjusticated. Judge Grosscup suggested that the lawyers endeavor to agree on a state ment of facts which could be present. ed without loss of time to the supreme court.
 The ruling of the Interstate Com merce Commission requiring lower rates between Mississippi and Missouri river points on shipments originating east of PIttsburg and Buffalo than on those originating west of the cities named, was alleged by the railroads which entered suit for an injunction to be revolutionary. The ruling, 1t was declared. if allowed to stand. would fix a principle tantamount to government ownership of the roads. The judges took the case under advise~ ment October 90.
 Judge Grosscup in delivering the ruling of the court said:
 "Oniy one feature of the bill, fin the opinion of the court, need be spoken of at this time. That feature grows out of the fact that under the order of the Interstate Commerce Commis- sion a rate of nine cents less was given on first class and other classes of freight approximately to trafflc from the Atlantic seaboard to the ngxr to traffic originating at intermediate points. The bill of complaint cites the opinion of the commission which frankly and clearly shows that dif- ferentlal of nine cents was created. To make the reduction universal in place of differential would put the eastern cities on an equality with the Missouri river cities. Whether the bill and the answer and the opinion of the court satisfactorily show this condition is not the question consid~ cred or attempted to be passed upon now. The question which the court Is concerned with is: Has a prima facie case been made out authorizing the court to enter the Introductory order prayed for. The rules of the Inter- state Commerce Commission are au- thorized on the ground that they would prevent undue discrimination the sole point to be considered now is: What is undue discrimination? discrimin- ation is admitted. Is 1t due or undue? Many points are involved In determin~ ing this question but the court holds that sufficient is shown in the bill to require us to grant the interlocutory order. In the first place there has grown up on the basis of the old rate the commerce of the country. We cannot overlook that. Trade houses have undoubtedly grown up under the conditions giving them the same relative rates from intermediate points to the west from the Atlantic coast. The rule of the commission disturbs commercial conditions which have grown up for years on basis of the present rates which Is sufficient to warrant the court in issuing re- straining order until the case Is finally presented.
 Tt may be that the parties to this proceeding can agree on the facts so that the case may go to the supreme court on a final record and not on the interloeutory order and be judicially determined within a short time"
 Leave was granted to other railroads so wishing to intervene in the case.