The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-11-04
WEST AND AENSHAW
Defend STATE LAWS
Judge Hook VIII Announce
Decision Next Monday
OF tuesday

States circuit court of the Eighth dis
trict, conducted an exhaustive hear
ing this morning upon the pleas ot
abatement filed by Attorney General
West IN behalf Of the state In the two
cent rate cases filed by the Santa Fe-
katy and Midland Valley railroads
attacking the legality OF the law and
upon the Injunction asked by the
roads against the ten freight rate on
ders put into effect by the corpora
ton commission during the past yeai
and which are now pending on appeal
II the supreme court, upon the ground
that the orders were conflscatory,
Judge Hook stated he would announce
bis decision IN the matter Monday or
TUESDAY OF next week and that in the
event the plea was sustained fuithei
proceedings would be suspended pend
ing final determination OF the cases
now before the supreme court of the
state involving the same questions
The court also announced that In
the event the pleas We're not sustain
ed he would hear arguments upon the
temporary injunction on December lst
and asked that the hearing be held IN
Kansas City, ii il would suit the con
venience of the attorney general.
Exhaustive Arguments Made
The circuit court convened prompt
" at 10 o'clock aud after Federal
Judge Cotte-al had formerly opened
court snd introduced Judge Hook 70
the members OF the bar he retired
from the bench
Judge Hook gave the closest atten-
ton to the arguments presented by
ihe vast array of legal counsel for the
railroads, which included General
Attorney Fsank Hagerman, for the
Katy, Gardner Lathrop. general a.
torney for the Santa Fe and his as
sistant, MI. Dunlap; s. 4 Bledsoe. at
torney for the santa Fe in Oklahoma,
and others. Attorney General West
and Assistant Attorney General g A.
Henshaw represented the state In the
case and made exhaustive arguments.
Judge Hook thanked the attorneys for
their fun and complete arguments
and occupied the bench through the
noon hour. IL being l.lb o'clock wheA
he made his announcement as 10
when he would rule upon the case
After the focmal statement ot me
status Of the case by the attorney
general, Attorney Hagerman objected
10 the consideration OF the pleas OF
abatementg by the court. maintaining
thai only a hearing upon the temper
ary Injunction could be considered at
this time This was atgued d iength,
Attorney General West replying Tor
the state, Judge Hook at the eonciu
sion OF the argument held that the
state had right 10 make showing
asking for suspension of the case
or plea In abatement, pending tne uls'
position of The cases nendlng III lhe
supreme court and ordered the clerk
TO maze the record show thai suen
arguments had been made The court
arked for the filing OF additional am
davlts by both the railroad and the
state In support of their respective
statements OF facts as to the points
IN issue. and statements as 10 the
proceedings held In the supreme coufl
and before the commission on the
freight rate cases now pending before
the supreme court.
Attorney Generals Argument
Attorney General West IN his a'gu'
ment stated that the railroad com
panies had not appealed from the
freight rate o.lers OF the commission
until the orders uad been in opera.
tion nearly year and that some OF
the orders were made by agreement
with the railroads; that In otner II
stances they made no objection 10
the orders. allowing them to go into
effect He made a strong plea agalnsl
'the hearing on the Injunction, claim
ing il would upset and disturb busf
ness conditions In the state II even q
temporary Injunction were granted.
The attorney general explained the
two-cent rate provision Of the constr
tuition and declared that II was y
no sense unconstitutional, as II pro
vided means whereby any railroad
might be relieved from the provision
upon proper showing, and allowed
10 charge even more than three cents
per mile which. he declared. 70 d
more In favor Of the railroads thai
the laws of other states which pro
hibited railroads from charging owe
three cents. with no proslsieH loa q
emption. He declared that even IN
United states Government saH lit, 4
granting the santa re railroad right
ofsuav through Okishoma stipulate'
th..s the railroad should not chsfs'
more than three cents : mile fnrone'