The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-08-26
VICTORY FOR
RAILROADS
FEDERAL COURT LIMITS THE
POWER OF INTERSTATE
COMMISSION,
Fixed Injunction Granted in the Mis-
souri, Rate Case-Act in Denver
Case.

Chicago, Aug. 25.-Manufacturers
and producers generally OF the terri
tory lying berwee Buffalo, Pittsburg
and Parkersburg, on the east, and the
Mississippi river ON The west, are re-
garded as the greatest belehciaries
by the majority decision OF the Unit
Cd States circuit court. here, perman-
entity enjoining the United States
commerce commission from enforc-
ing its seaboardiMissouri river
through rate.
The opinion OF Judges Grosscup
and Kohlsaat Judge Baker dissent
ing), # sustained by the supreme
court of the United State will great
ly curtail the POWERS of the commits
sion over transportation rates, re-
stricting it to q sort of police court
adjudication eli specific cases OF al
legged discrimination. The rate max
ing power remains in the hands OF
the railroads.
The Missouri river cities whici
would have proited had the commits
sion's order been allowed to go into
effec1, benefit by the courts ruling in
The Denver rate case. In the latter a
temporary reytraining order was is
sued.
This case and the Missouri river
case are similar in principle, the for
mer concediug the commissions or
der OF a new and reduced rate be-
tween Chicago and ST. Louis to Den
YER
The commissions order of June "a,
| 1908, reduced the rate on hrst-class
| freights from the seaboard (east OF
Buffalo, Pittsburg and Parkersburg)
&c Missouri river points from S1.4S TO
| S139 This order was issued upon
representation of the Missouri river
interests, manufacturers and jobbers
chiefly, that the Seaboad rate OF Sis
to Minneapolis and St. Paul was a
discrimination against them inastnuch
As the irwin cities, using the cheaper
water rate OF the Mississippi boats,
were able to underseM them in their
OWN territory on articles coming orig
inally from the seaboard. The sea
board shipper shared in the profit
seen in the commissions order over
his competitors in the central traffic
territory who would not share in the
reduced rate.
According to aroused sentiment in
| Chicago, Milwaukee, Detroit St.
Louis and other central traffic cities,
the order was a rank discrimination
calculated to ruin their industries,
They were not aroused. however, by
che Denver case. This case was the
Missouri river case over again, save
that central traffic poipts and Denver
would reap the benefit of a twenty
three cent reduction in the through
rate which the missouri river points
would not enjoy Missouri river in
terests were to iDe protected against
The middle west and Denver against
the Missouri river The sea'board
had an advantage in both rates
In their opinion Judges Grosscup
ad Kohlsaat held that congress in
creating the interstate commerce act
had not intended to place a power in
the hands of few men to build up
one community or ruin another They
held that in ordering the Through
rates at issue the commission had
greatly exceeded its powers
In dis senting Judge Baker discus
sed this point at length, declaring
that the commission in ordering the
through rates had done nothing more
than the railroads have always done.
AS the railroads were exteded west,
| he said, new through rates were con-
stantly made, and these rates were
less than the joint rates He deolar-
ed that had the commission not acted
the railroads woprld in time with the
growing wealth OF the trauS1Miss0uri
country have followed their own