Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-11-07
NEW RATE IS HELDUP.
Missouri River Case Will Go to
Supreme Court.
COURT IN CHICAGO GRANTS ORDER
Reduction from Eastern Points to
Omaha is Involved.
HOW PRESENT RATE is MADE
Local Rate from Mississippi River Is
Added to Through Rate.
HOW PRESENT RATE IS MADE
VIEW OF INTERSTATE COMMISSION
1t Ordered Reduction of Nine Cents
Hundred Pounds and Rail-
roads Hold This is Rev
OlutiOnnry,

CHICAGO. Nov. 6.-Judges Grosscup,
Seaman and Baker in the United States
circuit court today granted temporary In
junction restraining the Interstate Com
merce commission from carrying into ef-
feet 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 case but stated that the
temporary order would issue, inasmuoh as
no Injustice would be done by allowing the
old rate to continue until the matter Is
finally adjudicated. Grosscup suggested
the lawyers endeavor to agree on state
meut OF facts which could be presented
without less Of time to the supreme court.
The ruling of the Interstate Commerce
commission requiring lower rates between
Miss.s ssippi 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 rail-
roads which entered suit for an injunc-
tion TO be revolutionary. The ruling, 1t Is
declared, II allowed to stand would fix a
principle tantamount to government own
ership OF the roads.
History of Case.
WASHINGTON, Nov 6. - Considerable
surprise was expressed by officials of the
Interstate Commerce commission today on
receipt of the information that the United
States circuit court at Chicago had granted
even a temporary injunction in what Is
known as the Missouri rate case.
The complaint from which the order OF
the commission originated developed into
one of the most important cases with which
the commission has had to deal with In the
last year. 1t was brought by the Byrne
G. Hammer Dry Goods company and many
similar concerns in Omaha and Kansas City
against the Chicago, Rock Island & Pa
cific Railway company, and practically al
of the railways doing business between
Atlantic seabosrd points and Kansas City
In effect the complaint was that tht
rates on class commodities between Allan.
tic seaboard points and Omaha were
too high and that they discriminate
against Omaha, as compared with
many other points in the west and north
west.
How ola Rate is Made.
1t was developed by the commissions in
auiry that no through rates existed be
tween Atlantic seaboard points and Kan
sas City on class commodities, but tha
the rates paid by Omaha merchants
were the through rates from Atlantis
points to Missouri river crossings, plus tn,
sum OF the ipCdl idlto mum ~
river crossings to Omaha and nearby points
points. .
The order of the commission in the cas-
was that the rates on first class freigh
from Mississippi river crossings to omah'
and Kansas city points should b
reduced cents per 100 pounds, thu
making that rate 81 cents, instea'
of GO cents per 100 pounds. Proper
tional reductions also were made on sec
ond. third. fourth AMI fifth classes o
freight between the same points This orde
the commission considered to be entirel
Just to the transpor 1ation lines, inasmuc
as the rates on the same classes of freigh
shipped from Atlantic seaboard point
through Mississippi river crossings to Min
neapolis and other northwestern point
were even lower than those fixed by tn
commission to Missouri river points. In tn
final adjudication of the case the commits
sion will endeavor TO demonstrate tina
its position stated in its order was Ell
! urely fair and just to the railways.