The Washington herald., 1909-08-25

Chicago, Aug. 24-Chicago and the rest
Of Illinois scored what is regarded as a
great commercial victory when perma-
nent injunction sought by the Western
railways against the Interstate Commerce
Commission in the famous Missouri River
rate case was granted to-day in the
United states Circuit Court
The ruling was not unanimous, for
Judge Baker dissented from Judge Cross
cup. who delivered the opinion. and from
Judge Kohlsaat, who concurred.
Decision OF the court in granting the
{ permanent injunction in the Missouri
case is taken 20 mean that the final ad-
judication Of the so-called Denver case
will be the same. In it there is complete
victory for the railroads and central ter
ritory shippers. defeat for the commercial
interests Of the Atlantic coast and Mis-
souri, River. and a limitation Of the Inter-
state Commerce Commissions power that
the railroads have been lighting hard to
bring about
JubiIant over Victory.
John II. Glenn. secretary Of the ml-
nois Manufacturers Association. was ju
bilant over the decision.
He said 1T is great victory for
Chicago and all Of Illinois. This will
add greatly in the move to make Chi
cago the central market, and will prove
Of inestimable value to manufacturers in
Illinois.
The effect OF the decision will be to
give this territory any opportunity to
compete with other manufacturers else
where on an equitable basis, where here
tofore they have been forced TO cut their
prices because of the unfair freight rates
charged TO shippers from this central
territory as against the rates from the
Atlantic and the Missouri River States.
II is now expected that the Interstate
Commerce Commission viii carry its
fight to the United States Supreme Court
in an endeavor to maintain its power.
Power IL Limited.
By the opinion Of the Federal judges
the power of the Interstate Commerce
Commission is said to be limited prac-
tically to the provisions of the interstate
commerce law, and it may deal only
with discriminatory rates and with rates
that are unreasonably high for the serv-
ice performed by the roads.
The Circuit Court judges hold that the
commission is without power 70 order the
railroads 10 make through rates lower
than the local rates when more than one
road is involved in a through shipment
The action against the Interstate Com
merce Commission in the Missouri rate
case was begun by the Chicago. Rock
Island and Pacific, the Chicago, BurlinG-
ton and Quincy the Chicago and North
western. the Chicago. Milwaukee and St.
Paul, and the Chicago Great Western
railways These roads were defendants
In proceedings Of shippers before the
Commerce Commission. In the Federal
court action on behalf OF the railroads.
six other roads intervened and were made
parties in the big injunction suit These
roads we're the Illinois Central, the Chi
cago and Alton. the Missouri Pacific, the
Missouri. Kansas and Texas. the st.
Louis and San Francisco. and the Atchi-
son, Topeka and Santa Fe.
Call Ruling n Hardship.
Officials of the railroads have maintain
ed that the principle laid down by the
Commerce Commission would be proper
when applied 10 one road alone, but that
its application when more than one is
participating in a through shipment
works a hardship. because of the expense
Of operation OF terminals by each line
The railroads also made strong their
contention that the reductions expected
by the commission meant discrimination
against Western manufacturers and mer-
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