Daily press. [volume] (Newport News, Va.) 1896-current, 1909-08-25
MISSOURI RIVER CITIES BENEFIT
Circuit Courts Order Enjoins Illinois
Central From Enforcin Seabosrd
and Missouri Throuh Rate-Manu-
facturers and Jobbers Alleged Dis
elimination in Rate.
CRy Associated Press.)


facturers and producers generally OF
the territory lying between Bdnaio,
Pittsburg and Parkersburg, on the
east, and the Mississippi river on the
west are regarded as the greatest
beneficiaries OF the majority decision
of the United States circuit court 10
day permanently cnjoining the Illinois
Central from enforcing its seaboard
and Missouri river through rate in the
famous Missouri river case.
The opinion of judges Grosscup and
Kohlsaat, Judge Baker dissenting. II
sustained by the Supreme Court oil
the United States. will greatly curta
the power of the commission over
transportation rates. reducing it TO a
sort of police court adjudication Oh
specific cases Of a discrimination sort.
Railroads Retain Power.
The Missouri river cities, which
would have profited had the commits
sion's order been allowed to go mo
effect, will be benefited by the court .
ruling in the Denver rae case in
which a temporary restraining order
was issued today.
This case and the Missouri river
case are similar in principle, the Den
yer case concerning the commission 5
order OF new and reduced through
rate between Chicago and ct. Louis
to Denver.
Discrimination Alleged.
Of inna
oath 1908, reduced the rate on first
class freight from the Atlantic sea
board, east of Buffalo, Pitisburg ant
Parkersburg, 10 Missouri river points
from s157 to SI.3S This order was
issued upon representation of Mis-
souri, river manufacturers and jobbers
that the seabOard rate of s1.15 to
Minneapolis and ST. Paul was dis
elimination against them, inasmuch as
the Minnesota cities undersell them
in their own territory on articles COM
ing originally from the seaboard.
According to jobbers in charge OF De-
troit and other central traffic cities,
the order was a discrimination tina;
would ruin their industries They
were not aroused, however, by the
Denver case.
This case was the Missouri river
case over again, save that central
traffic points and Denver would reap
the benefit of a % cent reduction IN
the through rate which the Missouri
river interests were TO be protected
against the middle west and Denvei
against the Missouri RIVER.
Commission Exceeded Powers.
In their opinion. Judges GrosscupI
and Kohlsaat held that congress, "a
creating the interstate commerce
commission. had not intended to place
a power in the hands of a few men 70
build up one community or to ruin
another. They held that in ordering
the rate at issue the commission had
greatly exceeded its powers.
In dissenting, Judge Baker discuss
ed this point at length, declaring thai
the commission in ordering the
through rates had done nothing more
than the railways have always done.
After the railroads were extended
west, new through rates were SVH
stantIy made and these rates were
less than the joint rates.
He declared that had the commits
sion not acted, the railroads in time,
with the growing wealth Of the trans
Missouri country would have followed
their own preceden- and made a
through rate from the seabcard to N,
Missouri. Surely if the railroads have
if the railroads have this power.
Judge Baker argued, the commission
likewise has il.
IF congress cannot constitutionaiy
make a general declaration that the
rates shall be reasonable, Judge Bak-
er continues and not unjustly discrim-
inatory. and then trust and execu-
tive body to hear evidence, the power
Of congress over rates would De
worthless. for Il would be utterly I'M
practicable for congress Itself 10
make eBactmcnts to cover specific IN
stances