Pine Bluff daily graphic., 1908-11-20

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 after it had been issued the coin. mission had the right to bring ii into hearing and pass upon i He contended that the order of tn, court had left open to the railroad: the right to increase their temporary rates to a figure considered as rf
 sonable, and the commission was willing to abide temporarily, without affirmative action on any rate b" tween l and 100 per cent. increase but it could not stand for the 10
 per cent. He said the court order had left it open for the commission to object to an unjust increase Q rate, for it had given the commi' sion the right to create a. new ratc and this of course gave it the right to object to an unreasonable rate Attorney General Kirby contenHa1 that if the railroads decreased their rates 6 per cent, the commission would take no affirmative action un- til the injunction originally granted had been acted upon finally. If the railroads were to .reduc. the rate , per cent. what would pre- vent the commission from tomorrow bringing another suit?" asked the curt.
 Tt could not under it's presen order, and the commission cannot be prosecuted in these proeeedings fo1 contempt for any action it may take in the future. The commission i. not trying to harass the railroads if 95 per cent. raise is made il the commissions tariff we will no object until the final hearing of in, injunction.
 Congressman Robinson Speaks.
 Congressman Joe r. Robinson thel took up the argument of the commits sion stating that the entire matter was exclusively upon the questions of whether or not the order of the with q determination of the scope and purpose of the order and claimed the court had merely the jurisdiction over the main case. Congressman Robill- son also stated the proposition Was to see if the commission had violated the spirit or the letter of the order, forcible one. He stated the railroad attorneys had admitted their new rate was unreasonable. which violated the laws of the State. and he claimed it was ridiculous to want to prosecute the commission for attempting to en- force a punishment for the violation of the State laws. He said it was preposterous to want to send to jail commissioners for undertaking to pre- vent this violation of the law. He said if the court ruled a raise Of 100 per cent in the freight rates was not to be prohibited by the commission, and it was to be held for contempt for so doing, then the commission was stripped of it's powers and would henceforth be in the power of the rail- roads
 Judge Trieber asked Congressman Robinson if he had brought a case in q Lonoke County Court. if he could bring similar action in the court here without leave of the first court. He replied that he would not and Judge Tricher intimated the same thing applied in this ease. Judge Trieher ruled then that in every case rising from the original injunction petition Hds unde@ the jurisdiction of his cou5T. Consressman Robinson differed Nilh the court, saying there had been no adjudication in this case or attempt to adjudicate. which would permit such a decision.
 For conscience sake, said Con srcssman Robinson, in conclusion. as he turned to the railroad attorneys.
 do not invoke the court to enforce a rate you yourself admit is unjust
 Will Withdraw Suits.
 We shall withdraw the notice is sued to Prosecuting Attorney Camp bell relative to the prosecution of suits against the St. Louis, Iron Noun tain and Southern Railway Company and against the Rock Island Railway Company for violation of the commits sion's order prohibiting the applica- ton of the new rates,' said Chairman R. P. Allen of the Arkansas Railroad Commission, following the ruling of Judge Irieber at noon that the com- mission and the prosecuting attorney were in contempt of court for attempt