The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-06-01
Action Taken By Government
Puts Stop to Proposed
Increase In Rates
CONSPIRACY AMONG THE
DEFENDANTS IS ALLEGED
District Judge Dyer Issues the Re-
straining Order Upon Instructions
from Attorney General Wick
ersham In Washington

Hannibal Mo-. May s1.-Twenty-five
western railroads were temporarily re-
strained tonight by United States District
Judge David P. Dyer from enforcing or
making a general advance in interstate
freight rates. The injunction was granted
on a petition filed by the government al
leging that the advances in rates were
made by the defendants by agreement
with each other. in violation of the anti
trust law.
The petition was filed in the United
States court at st. Louis this afternoon,
and was brought here to present to Judge
Dyer, who is holding session of court
here 1t states that unless restraining
order be issued the advances will become
effective at midnight tonight. to the grave
injury of the people of the United States.
1t was announced here tonight that the
date for the hearing on the restraining
order will be fixed at st. Louis.
The petition upon which the injunction
was issued was presented to Judge Dyer
special assistant to the attorney general,
and Frederick N. Judson of St. Louis,
acting as special council. 1t was signed
by George w. wickersham, attorney gen.
eral; William 5. Kenyon. assistant to the
attorney general, and Charles A. Houts,
ohiteo states o's'ric' a''orhes'
The Roads Restrained
The roads restrained from increasing
their freight rates tomorrow are:
The Missouri Pacific Chicago and
Northwestern; Chicago. Burlington and
Quincy. cbioaso pool Island ana po-
- 1,,,s ,,,,--,,.S ,
eino' "aoasn' ''Naso' WI " !" 'Nee anu
.,.. ..,,--
lineage Ireat Wes,efh' Mlssouri hahsas
and Texas; St. Louis and San Francisco;
Quincy Omaha arr ,fsssaosas Citv. ST. Pau,
l.pd ,ax .,o,,,ss. xf,n,a.,,a,,s o5a 81
LOUIS, iowa Sehtrai' fort Dooee' Des
Moines and Southern Chicago ST. Paul.
MINNEAPOLIS and Omaha. Elgin Joliet and
Eo starn. rhio..o poor,. q. r,,..
"o ~
Mihneapons 81. Paui ana Sauft Ste
Marie Kansas City Southern; Chicago,
indiana and Southern. Western Trunk
~
Inc restraining order declared that it
was issued upon the statement of coun-
ell for the eovernment that il would i'm
,,,.a,..,,, -, ~. a,,,, 49,. ,..,..
upo'1 .ne "'s u '"e in'uiie
ton by the direction of attorney general
file an expedting certificate under the
act ,of Irehruar,, n 1ono nro,.,di,o fo q,
p''s 49, i'oo' p'oSiu'he ior
speedy ue'ern''ha'ioh Oh the issues IN con-
tention.
The title OF the suit is THE United
States OF America, complainant versus
the % defendants, restrained in injunc-
tion" 1T alleges '.unlawful combination
and conspiracy"
Sense of pet,to.
Freed of legal terms the netition is
to this effect:
That the defendants have been at ALI
times and are now common carriers or
all classes and kinds of freight and
commodities generally carried by rail
road company.
That they are separate. indepen5ent
and dfsfinct of the lines of railroads
operated by other defendants.
Generally speaking. 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 arts OF Montana
and Michiean WISCONSIN. Illinois In
diana and Tennessae
They furnish the only means of com
munication by railroad between the in
habitants of these states.
Rafarr,np TO the unlawful combina-
+ions and conspiracv alleged the nett
tion says.
"rrbe area of the United States within
witch said lines of railroad onerate
ora which Ia affected nv tbe mia wful
conhtrot tion and consnfracv hareinaftar
.et forth is more ma articularlv described
In articles of the association of the
wastarn trunk line COMMITTEES dated
Decemher & 1905. annexed as exhibit II.
: :,
Construction OF hoads
The construction and maintenance
of the lines of railroad has been en-
couraged and assisted by the United
States Of America and by the states and
territories and by the people OF said
several states and territories by iran
chises, and by grants and donarons
of large amounts OF land OF great Value'
and of money ana securities TOT the
purpose of securing 10 the pupnc and 10
the people engaged IN trade ana com
merce throughout the united sHses ana
the region and country aIoresalo com
petttive hnes oi trahspor'a''on anu
communication.
But Tor tne unlawiui coinoina .,on'
conspiracy asreemen's anu tnu1 n,,