The Barre daily times. (Barre, Vt.) 1897-1959, 1909-08-25
Defeat for Interstate Com
merce Commission
INJUNCTION IN RATE CASE
Lower Through Freight Rates Is Re-
fused-If the Decision Stands the
Power Of the Commission Is
Limited

Chicago, Aug 2s The permanent IN.
junction sought BY western railways
against the interstate commerce commits
sion in the famous Missouri river rate
ease was granted here yesterday BY
Judges Grosscup, Baker and Kohlsaat
Of the United States circuit court
Judge Grosscup delivered the opinion
Of the court, Judge Kohlsaas coneurring
while Judge Baker delivered a dissenting
opinion.
The commission, thus dsfeated IN r.
first attempt TO bring about what IS
alleged to be a new system, or principle,
Of rate making, will, It is expected, carry
the case 70 the supreme court Of the
United States
eThe question raised said Judge
Grosscup in rendering the opinion, in
its larger aspects IS not 50 much q ques.
ton between the shippers and the rail
roads as between the commercial and
manufacturing interests II Denver and
Of the territory east Of the Mississippi
river on the one side. and the commercial
and manufacturing interests OF the Mis-
souri, river cities on the other
BY the decision announced yesterday
the Missouri river cities lose the adyan.
tage which the enforcement Of the com.
MISSIONS order would have given them.
Besides granting the permanent in
Junction IN the Missouri river rate case
me court also granted a preliminary
Injunction ID the Denver rate case which
j. based on similar principles a. tie
Missouri river case.
The railroads in the Missouri river
rate case sought e have the Interstate
commerce commission enjoined perma.
nently from enforcing a. order Of the
commission relating to Joint rates from
the Atlantic seaboard to Missouri river
cities This order sought to create al
.ystem Of through rates from tie AT.
lantic seaboard to the Missouri river
that we're a reduction from the sums
Of the local rates
The joint rate now IN force from The
Atlantic seabsard to the Missouri river
on arst-elass matter Il SLIT per hundred
pounds The reduction proposed BY The
commission was 70 slss,
IN the Denver case it Is said the sea.
board by shipping direct to Denver m
der the order 81 the commission, coula
save "a cents IN FIRST class shipments
and proportionately on other classes 10.
stead Of resbipping at the Missouri.
shippers Of the Missouri valley there.
upon protested vigorously that the en-
focement 81 the order would discrimi-
nate against them
Speaking 81 the power Of the commits.
sion the opinion says: eve are not
prepared to say. the commission has not
The power 70 enter upon plan booking
toward i system Of rates wherein tie
rates for longer and shorter haus win
taper downward according 10 distance,
providing such tapering Is both compre-
hensively and symmetrieaily applied ZAP
Piled With design 81 carrying out what
may be TIE economic fact, that On the
whole it Is worth something less per
mile to enry freight long distances than
shorter distances
But # does not follow that power
~ that character includes power BY the
use Of difereutials, to artideially divide
the country into trade zones tributary
to given trade and manufacturing cen
tiers, the commission in such cases hav
ing as a result to predetermine what tbs
trade and manufacturing centers shall
bel"