The Montgomery advertiser., 1909-08-25
RAIL RATES l RESTRAINED Western Roads Get h. junction. MISSOURI RIVER CASE Federal Court Makes the Order Permanent. sInferstate Commerce Csmmfssion is Entoined From Enforcing Its Rsle-yudse Baker Di.sents
 From Opinion

Chicago, Aug. 24.--Manufacturers and producers generally of the terri tory lying between Buffalo, Pittsburg and Parkersburg on the East and the Mississippi River on the West are re- garded as the greatest beneficiaries by sthe majority in the decision of the United States Circuit Court here today permanently enjoining the Interstate sCommerce Commission from enforcing Its Seaboard- Missouri River rate, in sthe famous Missouri River rate case. The opinons of Judges Grosscup and Kohlsaat (Judge Baker dissenting) if sustained by the Supreme Court of the United States. will greatly curtail the power of the Commission over trans portation rates, restricting it to Sort of police court adjudication of sspecihc cases of alleged discrimina- tion.
 The Missouri River cities which would have prof1ted had the Coinmis- sion's order been allowed to go into Aeffect, benefit by the courts ruling in sthe Denver rate case. In the latter, "A temporary restraining order was is- sued.
 This case and the Missouri River case are similar in principle, the Dem yer case concerning the Commissions order of a new and reduced through rate from Chicago and St. Louis to Denver.
 Reduces Freight Aate. K The Commissions order of June 24 1908, reduces the rate on first class freight from the seaboard least of Buffalo, Pittsburg and Parkersburg) to Missouri River points from $1.48 to S1.3g. The order was issued upon rep resentation of the Missouri River in- terests, manufacturers and jobbers chiefly that the Seaboard rate of $1.15 H1. discrimination against them inasmuch as the Twin Cities, using the cheaper water rate of the Mississippi boats, were able to undersell in their own territory on articles coming originally from the seaboard. The seaboard ship per shared in the profit over his com petitors in Central trafic territory, who would not share in the reduced rates.
 According to aroused sentiment in Chicago, Milwaukee, Detroit, St. Louis and other Central traffic cities, the order was a rank discrimination cal culated to ruin their industries. They were not aroused. however, by the Denver case. This case was the Mis- souri River case over again, save that Central traffic points and Denver would reap the benefit of a 23 cents reduction in the through rate which the Missouri River points would not enjoy. Mis- souri River interests ware to be pro- tected against the Middle West and Denver against the Missouri River. The seaboard had an advantage in both hFates. A ~ stx
 FfOwn On -CentEallsatiOn.
 In their opinion. Jud< es Grosscup and Kohlsaat held that Congress in creat- ing the Interstate Commerce act had not intended to place a power in t"e hands of . few meF-the power ts build up one community or Io ruIn an other. They held that in originating the through rates at issue. Re Commis- sion had greatly exceeded it's power In dissenting. Judge Baker discussed Sthis 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 extended West, fhe, -sAid,- new through rates were con- staptly made and these rates were less than the joint rates. He declared that,