The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-01
Western Trunk Lines Are Stop
ped Temporarily
From Increasing Freight Rates
as Per Announcement.
u. s. THE PLAINTIFF.
Action Is Brought Under Sher-
man Antitrust Law.
Conspiracy in Restraint of Trade
Is Charged.

| Hannibal, Mo-. June 1.-Twenty-five
western railroads were temporarily re-
strained last night by United States
District Judge David P. Dyer from en-
forcing or making a general advance
in interstate freight rates. The injunc-
ton was granted on petition filed by
the government on the allegation that
the advances in rates were arrived at
by the defendants by agreement with
each other and without competition and
in violation of the Sherman antitrust
\ act.
The petition was filed in the United
| States circuit court at St. Louis and
was brought here to be presented to
Judge Dyer, who is holding a session
| of the United States circuit court here.
1t stated that unless such a restrain
| ing order were issued, the advances
would become effective at midnight, to
the grave harm and injury of the peo-.
pie of the United States
| The petition upon which the injunc-
ton was issued was presented to Judge
| Dyer by Edwin p. Grosvero- of Wash
ington special assistant TO the attor-
ney general, and Frederick N. Judson
| of St. Louis, acting as special counsel.
| 1t was signed by George w. Wicker
sham, attorney general; William 5.
Kenyon, assistant to the attorney gen.
| States district attorney. The roads re-
strained from Increasing their freight
rates are:
The Missouri Pacific Railway COM
| pany; Chicago & Northwestern Rail-
way company; Chicago, Burlington &
Quincy railway; Chicago, Rock Island
| & Pacific Railway company; Wabash
! Railroad company; Chicago, Milwau-
kee & st. Paul Railway company; I1li-
nois Central Railway company; Chi
1 n
Atchison, Topeka & Santa Fe Rail-
road company; Chicago Great West
ern Railway company; Missouri, Kan
sas & Texas Railway company; ST.
| Louis & San Francisco Railway COM
pany; Quincy, Omaha & Kansas City
! Railroad company; ST. Paul & Des
| Moines Railroad company; Minneap-
\ oils & st. Louis Railroad company;
Iowa Central Railway company; Fort
Dodge, Des Moines e Southern Rail-
way company; Chicago ST. Paul, Min
neapolis & Omaha Railroad company;
Elgin, Joliet & Eastern Railroad COM
pany; Chicago, Peoria & st. Louis
Railroad company of Illinois; Chicago,
Milwaukee & Gary Railway company;
Minneapolis. st. Paul & Sault Ste.
| Marie Railroad company; Kansas City
Southern Railroad company; Chicago,
| Indiana and Southern Railroad COM
pany. and the Western Trunk Line
company.
CHcle sum is RlaInt1n.
The restraining order declared it
was issued upon the statement of the
counsel for the government that they
would Immediately upon the filing of
the injunction by the direction of the
attorney general file an expediting GER
tificate under the act of Feb. IL 1903,
providing for a speedy determination
of the issues in~contention.
The title of the suit is, 1.-The United
States of America. Complainant. YER
sus The Twenty-Five Defendants Re-
strained in Injunction"
1t alleges unlawful combinat ton
and conspiracy"
Free of legal verbiage, the petition
is to this effect: That the defendants
at all times and are now common car
riers of all classes and kinds of freight
and commo modities generally carried by
a railroad company. That they are
continuously engaged in carrying, NOV
ing and transporting freight and COM
modfties in the commerce. trade and
traffic, which is continuously carried
on among and between the several
states Of the United States and the
United States and foreign countries.
also between the people residing in the
United States.
The defendants are the owners and
in control of the respective lines of
railroads, equipped for carrying on the
business of a common carrier That
| they are separate, independent, distinct
from the lines of railroad operated by
the other defendants. Generally speak
ing the lines are the only ones for the
transportation of freight and passenger
traffic for the states of Missouri Iowa,
Minnesota, Kansas, Nebraska, South
Dakota, North Dakota, Wyoming and
parts of Montana and Michigan, Wis
consin, Illinois, Indiana and Tennessee.
They furnish the only means of COM
munication by railroad by the in
habitants of the states.
Referring to the unlawful combina-
| tions and conspiracy alleged, the petit
ton says:
But for the unlawful combination,
conspiracy, agreements and under
standing between the defendant rail-
| roads, the defendants would have con-
tinued in the said interstate transpor-
tation trade and commerce, in competi-
tion with each other, as to the rates
and charges to be collected for the in
| terstate transportation of freight and
passengers and as to the facilities and
advantages to be offered to the travel
ing public and to shippers of commodi-
ties in Interstate commerce, and wouli
now be competing in said interstate
! transportation, trade and commerce."
Six Roads Excepted.
The second part of the petition states
that on December 6, 1906, the defend
ants, with the exception of six roads
named below, not content with the
| usual rates and charges for which they
were accustomed to carry freight are
"contriving and contending to suppress
all competition between them in respect
to such fares and charges and unjustly
and oppressiyely to increase and aug
ment such rates and charges, and to
establish and maintain unreasonable
and arbitrary rates which were to be
greatly in excess of the rates and
charges which would have prevailed
| but for the unlawful combination and
nspiracy of the defendants and there