New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-25
BIG RAILROAD VICTORY
COURT GIVES THEN RATE
MIXING POWER.
Interstate Commerce Commission
Enjoined from Firing Charges
Except ia Specific Cases.

c-,,capo Aup oa-The United States Circuit
Court to-day permanently enjoined the Inter
state Commerce Commission from enforcing It's
seaboard and Missouri River through rate IN
the famous Missouri River rate case
The opinion OF Judges Cross p and K"hlsaat
cJudge Baker dissenting). IL sustained by the
Supreme Court Of the United States. Will greatly
eurtail the power 81 the commission over trans
portation rates restricting it 10 sort Of police
rourt adjudication OF specific cases Of alleged
discrimination. The rate making power remains
On the hands OF the railroads.
The Missouri River cities. which would have
srofted had the commissions order been allowed
20 go into effect, will be benefited by the courts
ruling in the Denver rate case, in which tenn
porary restraining order was issued to-day.
This case and the Missouri River case are
similar in principle. the Denver case concerning
the commissions order OF new and reduced
Through rate between Chicago and St Louis 10
Denver
The commissions order OF June p 1905, re-
duced the rate on first class freight from the
Atlantic sea board 10 Missouri River points from
81 A. 10 81 IS This order issued upon rep
resentation Of Missouri River manufacturers
and jobbers that the seaboard rate OF 81 10 10
Minneapolis and ST Paul was discrimination
against them, inasmuch the Minnesota cities
using the cheaper water rate OF the Mississippi
boats were able 10 undersen them in their own
territory on articles coming originally from the
seaboard.
According 10 Jobbers in Chicago. Detroit and
other central traffic cities. the order dis
elimination that would ruin their industries.
They were not aroused however, by the Denver
ease. This case was the Missouri River
over again. save that central traffic points and
Denver would reap the benefit Of a 23-cent re-
duction in the through rate. which the Missouri
River points would not enjoy Missouri River
Interests were 20 be protected against the Mid
die West and Denver against the Missouri
River. The Seaboard had an advantage in both
rates.
In their opinion Judges Grosscup and Kohl
saat held that Congress. in creating the Inte--
state Commerce Commission, had not intended
60 place a power in the hands Of a few men TO
build up one community or 10 ruin another
They held that in ordering the through rates al
ISSUE the commission las greatly exceeded its
powers.
u DISSENTING OPINION.
In dissenting Judge Baker discussed this point
st length declaring that the commission. in or
oerinG tie through rates had done nothing more
than the railroads have always done As the
railroads were extended west new through rates
were constantly made and these rates were less
fhan the Joint rates. When the railroad from
sNeW ork 10 Buffalo was extended. say TO SYRIA
Suse, the through rate from New York TO Syra-
Cuse was less than the sum Of the rates between
eNew York and Buffalo and Buffalo and Syracuse
$50 rates continued 10 be made as the railroads
worked 10 the Mississippi. 10 the Missouri md
Beyond
The commission. he said. merely ATTEMPTED 20
make new rate on the same time bonored
principle, moving the basic line from the Mis-
sissipp 20 the Missouri River He declared that
had the commission not acted the railroads in
time with the growing wealth ~ the trans
Missouri country, would have followed their
own precedent and made a through rate from, the
seaboard TO the Missouri Surely if the rail
roads have this power Judge Baker argued the
commission likewise has il
II Congress cannot constitutionallv mako n
general declaration that the rates shall he rea-
Fonahle" Judge Baker continues. and no, nm
justly discriminatory, and then trust an execu-
give body 20 hear evidence tbe ,o,.e-
OF Congress over rates would be worthless for
u would be utterly impractcable for Congress
itself 10 make enactments 20 cover speciAc ,,-
stances"
POWER OF COMMISSION.
The petitioners for the injunction were the
Chicago, 'ck Island Pacific Railroad Com
pany, the Chicago, Burlington e. Quincy Rail
road Company. the Chicago. Milwaukee q 81
Paul Railway Company, the Chicago e. North
western Railway Company and the receivers n,
she Chicago Great Western Railway ConDanv
VI al The Illinois Central the Santa Fk Tho
Alton, the Missouri Pacific the Frisco r,.t,-.s