Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-01
CONSPIRACY TO STIFLE
COMPETITION is CHARGED
To Prevent Higher Charges For
Transportation As Announced by
the Railways to Take Effect To-
day. the Government Calls Halt To
Procedure-Petition For Action is
Presented to Federal Court.
(Ry A-.ociated Pros. !,

fBy Associated Press.l
HANNIBAL, MO-, May 3i-Twen.
ty-five western railroads we're temper.
arily restrained tonight by United
States District Judge David II. Dyer
from enforcing, or making general
advance in Interstate freight rates.
scheduled for June l. The Injunction
was granted on a petition filed by
The government on the allegations
that the advances in rates we're
agreed on BY the defendants without
competition and in violation of the
Sherman act.
The petition was filed In the United
States Circuit Court at st. Louis to-
day and wss brought here by Attorneys
Judso1a and Grosvenor to present to
Judge Dyer, who is holding a session
of til United States Circuit Court.
II sta IS that unless such a restrain
ing order be issued the proposed ad-
vances will become effective at mid
night tonight to the grave harm and
injury Of the people Of the United
States.
The petition. on, which the injucs
lion was issued. was presented TO
Judge Dyer by Edwin p Grosvenor,
OF Washington, special assistant to
The attorney general, and Frederick
N. Judson, of st. Louis, acting as
special counsel. 1t was signed by
George w. Wickersham, attorney gen.
eral, William Kenyon, assistant to the
attorney general. and Charles A. Potts,
United States district attorney.
The restraining order was issued on
the statement of the counsel for the
government that they would i'm
mediately, by direction of the az
torney general. file an expediting
certificate under the act of February
Il, 1903, providing for a determine
ton OF issues.
Free of legal verbage the petition
is to this effect:
The Petition.
THAT the defendants at all times
are common carriers of all kinds of
interstate freight; that the defendants
are the officers and controllers OF the
respective lines of railroads. that each
defendant is independent of the lines
of railroad operated by the other de
PENDANTS"
Generally speaking the lines are the
only ones for the transportation OF
freight and passengers traffic for the
states of Missouri, Iowa, Minnesota,
Kansas. Nebraska, South Dakota.
North Dakota, Wyoming and parts of
Montana and Michigan. Wisconsin.
Illinois, Indiana and Tennessee.
They furnish the only means of
communication by railroads between
.xL ~ n.
But for the unlawful combination,
conspiracy. agreements and under
standings between the defendant rail-
roads," the petition says the de
PENDANTS would have continued-in the
said interstate transportation trade
and commerce in competition with
each other. as to the rates and charges
to be collected for the interstate
transportation of freight and pas
sengers and as to the facilities and
advantages to be offered to the travel
ing public and to shippers of COM
modities in Interstate commerce. and
would now be competing in said inter-
state transportation, trade and COM
merce."
contrive TO Suppress
The second part of the petition
states that on December s. 1896. Hine-
teen OF the defendants "confriyed to
suppress ali competition between them
tn respect TO fares and charges and
unjustiy and oppress;vely to increase
rates and charges and to establish
and maintain unreasonable AID arbi-
trSry rates which were TO be gestly
IN excess OF the rates and charges.
which would have prevailed. but for
the unlawful combination and con-
spiracy Of the defendants"
Charges are made that the unress-
enable and excessive rates. Fixed
without competition By conspiracy.
apply 70 q vast number Of commodl-
ties Of prime utility and daily neces-
Aty.
The unreasonable advance In
frsi-ht charges apply to approximate
II sixty per cent q the commodities
carried and vii increase freight
thaEes IN amounts varying from ten
10 twenty per cent Of the rate IN ef-
feet hercfofoe.' !; IL charged.
Arbitrary ard Excessive Rates.
The petition closes ~ SAYING thar