The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-02-07
TO APPEAL
RAILROAD
DECISION
STATE WILL CONTINUE
FIGHT IN RATE
CASES
ATTORNEY GENERAL WEST
GOES TO ST. LOUIS
Federal Court Gfanis Temporary
Injunction In Rate Reduc-
tion Cases

All O'Clock this afternoon Attor-
ney General West wired from ST
Louis that Judge Hook had practical
" agreed to reopening of the rail-
road rate cases TO permit the miro
duction of new evidence. showing
that the railroads in Oklahoma were
being conducted at profit
Attorney General Charles West
eft yesterday for st. Louis to make
application for q rehearing, princt
pally on the ground of new evidence,
in the decision of Judge Hook, OF the
United States couyt of appeals grant
ing the application of the Atchlsoh'
Topeka & Santa Fe, Gulf, Colorado S
Santa Fe, asd the Missouri, Kansas &
Texas railroads for temporary injunc'
tions against twc-cent passenger
fare rate imposed by the Oklahoma
STATE constitution and twelve freight
rate orders of the corporation con
mission, making reductions OF about
q. per. cen. on lumber, coal, grain ana
o;hef Oklahoma articles OF commerce
The order granting the injunction com
rcls the Santa Fe and M. X. q l.
10 put up indemnity bonds of $780,
900 each, and the Gulf, Colorado q
Santa Fe $4,000, to protect passeng
e-s and sn ppers on the marg.n oil dll
terence between the state and cour'
rates should the final decision be ad
verse to the railroads.
written Opinion In Few Days
Judge Hook communicated the de
cision from st. Louis by telegraph to
United States Court Clerk Harry Fih
ley, stating that he would hand dowr
such decision, and that the writer
opinion would follow in a few days
regarding the decision.
decision OF the cases in the Kan
sas City Southern and Midland Vale!
railroads, which are also contestlns
the same rate, Is expected in a fev
Gays.
As result OF Judge Hooks deel
sion. the old freight rates and th'
three cenr passenger rate may be eS
,ected again within thirty days, un
less the state gets writ OF super
scdeas on appeal or rehearing.
Attorney Generals New Evidence
The new evidence which Attorne
General West desires to present WI
controvert the contention of the raj
roads tha they are losing money o
foh n1CganPG
rates. He will present evidence gati
cred within the last month by the CO..
lnration commission, showing tina
since June 90, 1909, the railroads il
volved have made five per cent @
raore on their assessed valuation; tha
The Katy profits have increased Il pt
cent the last year; the Kansas CIT
Southern, 5S per cent; the Midlan
Valley, Sc per cent with the for
mcnths ending October 81 last. an
tat the Santa Fe has experienced sil
.,ar prosperity. Much other da'
which has been gathered by the cor
mission and the attorney general du
ing the extended rate nearing whit
has Just ended will also be presente
Statement BY Governor Haskell
Governor Haskell issued the folio
Ing statement relative 10 Jud'
Hooks decision:
Since the Oklahoma constitute
provides method for full hearing B
rore the state corporation commissio
With the right of appeal therefrom
he courts If not satisfied with the d
eis.on OF the corporation commissio
ceItalnly the decision of the Unit
States court rendered at st. Louis, G
icsn ng the enforcement of Oklahoma
two cent fare law, amazes me beyo
expression.
n was admitted to the practice
law nearly thirty years ago. and
many years practice, participating
many eases OF large magnitude, 81
plemented by extensive opportunisl
for, "a close observation in all the
.a,ftant cases where personally int
ested. i Say without hesitation Il
The decision of the court in this CT
i the most extreme s,ep taken by
court OF equity where there is cl'
sad adequate remedy at law, tha
rave even seen. For centuries cou
of equity. until the last dozen yea
have been looked to as the law by
necessary universally might not m
the ends Of justice, but the people
fle United States might just as v
.ralize now. withou more tempo
lrg. tha1 our so-cailed courts Of eq,
have forgotten their original purp
and arbitrarily converted themsel
into Legislative halls wherein a sin
ldge may sweep aside the will OF
Nl