The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-05-06
u. S. SUPREME COURT
WILL PASS ON QUESTION
MRch Time WIN Be Required
10 Make Transcript
Oi Record

Kanaag CITY, May G.-~ There has
heea 40 much talk about the decree
of this court n the Missouri railroad
rate ease thai Il seems strange 10 me
lthat an appeal has not been taken
srom that decreu Do you intend 20
lappealgp
Yes sir. a transcript Il now be-
ling prepared for an appeal TO the 50
lnreme court Of the United States
Judge Smith Mcphersun, preslhnR.
laAked fhc foregoing question, and At
torney General Major. Of Missouri.
ltestifying, gave the answer at the
( hearing Ia the federal court 70 decide
I whether OF not the temporary restralh
ing order Of lhe federal court. eniolh
ling the state from interfering IN the
rate casea was to be made permAn.
emit. Judge Mcpherson had recalled
Attorney General Major to the stand
to ask The question.
Arpeal la Certain.
Well, why have you waited 50 long
N Ale lcug pppeaLl" continued the
liudge.
Because she record o. the case is
quite yoluminOus and Il will reQulfa
some time TO complete the transcript.
Besides, the law allows two years IN
which to Ole an appeal responded
H the attorney general
II DO sou really intend TO appesl2'
asked judge @ n. Spencer of s.
| Joseph. counsel for one Of the rail-
1 roads addressing Attorney Sanford u.
lLadd. representing the stare.
We certainly DO. responded I4add.
After leaving the witness stand, At
iorneg General Major stated that be-
had expected 70 appeal the case =
the United states Supreme court July
j. he said that ordinarily under the
law II an appeal we're fled within
90 days II acted AS aanersodeas
but that IN this case the 90-day pro-
vision VAS Ineffective, rs Judge NE
phefson % his decree had stated that
M case ~ an appeal It was not =
act al q aupefsedeas
Therefore. continued Att0fAeE
General Major, athere IS no reason
why the appeal should be MED with.
In 60 days THAT time has not fet
elapsed, anyway. he continued, na
the supplementary decree 81 the court
was filed April {.
Attorney General Examined.
The attorney general was the cen
tral figure around whom the proceed
ings took form yesterday tie was
subjected 10 a erossllre examination
from the railroad attorneys. vita en-
occasional question from the court ha.
cause II HIS action ~ Jefferson Cl.y
Nv liling quo Warrant0 proceedings
against the railroads OF the stale. #
times the din was so great that the
court sten0grapher. regardless nf the
lllgnitg 0t her enrruundlnga would
scream One at time
Hut through t all Attorney General
Maior preserved his eananImIiy md
maintained That he believed the rail-
roads 0l the state had eansbIned and
consnIred to hx the freight and pasaeIl'
ger rates and that he regarded that :
violation ~ the law lie was net
concerned h0 said, about shat rates
were agreed upon.
Governor Hadley IL Fight.
Sieheft Jones. circuit attorney 0T
lss Isouls, testified that the Injunction
lauli which he illed agnsnat the rail-.
lroaaa. foytyuInlng them from putting
into eject a Scent passenger rate. waa
inspired by Governor Iadlef. He SAID
lihe petition was prepared outalde oE
his office by John KennlHh end Muhh
Lake. assistants attorney EenerAl.
when Hadley was attorney general
Answering lhe questions Of bis coslH.
!. Jeplha Howe. o. 81 Louis. Circuit
Attorney Jones' aala hp had dismissed
lthe Injunction suit against aIl the
lroads when were charging pahae11
lRef rate OF only 2 ~ CENTS. He said
he considered 4 scent rate exqfbltanl
land DID nol propose to dlmIas BhN aslls
lagainai roads which maintained thal
lfnfe