Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-07-01
JUDGES SUSPEND CUT ORDER
Federal Court at st. Paul Enjoins
Commerce Commission.
CHICAGO SWITCH CHARGES Low
Reduction of Terminal Fee for Trans.
pOrtation of Cars to stock
Yards Held to BE I'm
reasonable.

ST. PAUL, Mimi, June 3o.-Judges San
born, Hook and Adams in the United States
circuit court today rendered an interlocu-
tory decree whereby they temporarily sus-
PEND and enjoin the enforcement Of the
order Of the Interstate Commerce commits
sion which reduced the charge Of certain
railroads for the transfer Of live stock from
their terminus in Chicago to the Union
Stock yards from s. to 81 per car. Judge
Adams del vered the opinion Of the court
The court held
The terminal charge for the transporta-
tion Of these cars from the tcrmini Of the
railroads to the stock yards over the tracks
Of the Union Stock Yard company was
required by the acts of congress to be
separately scheduled by the railroad COM
panies and they complied with those acts
and scheduled this charge separately.
This terminal charge Of s. per car for
transferring the cars over the tracks of the
Union Stock Yards company to the stock
yards and returning the same to complain
ants roads was a reasonable charge. a
reduction of 1t to 81 per car made it un-
reasonably low. The Interstate Com
merce commission made this charge un-
reasonably low because the rates Of the
railroad companies on their own road and
the terminal charge of 81 were, in their
! opinion, unreasonably high. This was an
| error of law. Under the acts OF congress,
which requires segregation of the question
! of the justice and reasonableness of each
segregated rate must be determined by it.
! self.
Jurisdiction of Courts.
Under the acts of congress the federal
courts have jurisdiction to set aside or
suspend an order of the Interstate Com
merce commission which results from mis-
conception and misapplication of the law
to conceded or undisputed facts. 1t is not
| Indispensable to the correction by the fed
eral court of an error of law into which
the commission has fallen, whereby a
specific rate is made unreasonably low
that the aggrieved party should prove thai
the effect of this unreasonably low rate
will make it's entire business Improbable
1t is enough that the reduced rate is unjus
| and unreasonable.
THE order of the Interstate Commerce
commission, whereby the charge for tn,
transfer of live stock from the termini o.
the railroad companies in Chicago over tn,
tracks of the Union Stock Yards compan!
to the stock yards from 81 per car to s
per car must be suspended and it's enforce
ment enjoined until the final direction o
the further order of the court"
Parties to Action.
The acticn was brought in the Unite
States circuit court here by Receiver
Stckney and Smith of the Chicago Grea
Western and the Chicago, Milwaukee I
81. Paul, chicago & Alton, Rock Island an
Santa Fe companies were parties to tn
suit. Receivers Stckney and Smith resid
here and the Hepburn and Sherman anti
trust laws, under which the action wa
brought leave 1t optional to bring case
In any district where one OF the complain
/ ants reside.
Immediately after the action was begu
United States Attorney General Bonapart
caused to be filed a certificate requiring TIL
court to speed the case and requiring a
least three circuit Judges to hear and tr
it.. The case was argued May 2S last.