The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-07-01
INJUNCTION BY
FEDERAL COURT
Interstate Commerce Commits
sion Order Temporarily I'm
der Suspension.

St. Paul. Mimi, June 30.-Judges San
born. Hook and Adams. in the United
States court today, rendered an interloc
utory decree whereby they temporarily
suspend and enjoin the enforcement of the
order of the interstate commerce commits
sion which reduced the charge OF certain
railroads for the transfer of livestock
from their terminal in Chicago to the
Union stock yards from s. TO 81 per car
Judge Adams delivered the opinion OF the
court. The court held:
The terminal charge for the transpor-
tation OF these cars from the termini of
the railroads TO the stock yards over the
tracks of the Union Stock Yards company
was required b. the acts of congress to
he separately scheduled by the railroad
companies and they complied with those
acts and scheduled this charge separately.
This terminal charge of s. per car
Tor transferring cars over the tracks of
the Union Stock Yards company to the
stock yards and returning the same to
complainant's roads was a reasonable
charge.
Unreasonably Low.
"A reduction of it to 81 per car made
IL unreasonably low. The interstate COM
merce commission made this charge I'M
reasonably low because the rates of the
railroad companies on their own roads
and their through rates. composed of the
charge or " were, in their opinion, un-
reasonably high. This was an error
OF law Under the acts of congress the
federal courts have jurisdiction 10 set
aside or suspend an order of the inter
state commerce commission which result ;
from msconception and misapplication of
the law to concede or undisputed facts.
1t is not Indispensable 10 the correction
by the federal court of an error of law
into which the commission has fallen
whereby specific rate is made unreasop-
ably low. that the aggrieved party SHOULD
prove that the effect of this unrea sonably
low rate will make its entire business
Improbable II is enough that the re
duced rate is unjust and unreasonable.
Order Suspended.
THE order of the interstate commerce
commission whereby the charge for the
transfer of livestock from the termini
of the railroad companies in Chicago
over the tracks of the Union Stock Yards
company to the stock yards from 81 per
car TO 81 per ear, must be suspended and
its enforcement enjoned until the final
decision of the court or the further ord ar
of the court"
The action was brought in the United
States district court by Receivers Smith
and Stickney of the Chicago & Great
Western. and the Chicago Milwaukee *
st. Paul. The Chicago & Alton. Rock
Island and Santa Fe companies were par
ties to the suit. Receivers Stickney and
Smith reside here and the Hepburn and
Sherman antitrust laws under which the
action was brought. leave il optional 70
bring cases in any district where one Of
the comDlainants reside. Immediately
after action was begun United States
Attorney General Bonaparte caused to he
filed a certificate requiring the court TO
speed the case and requiring at least
three circuit judges TO hear and try It,
The case was argued May 2S last, and
some of the most prominent railroad at
torneys of the country took part in the
arguments. or were present.