Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-04
Important Decisions
1.-THE following notes of cases are
from the West Publishing Company.
St Paul, Mimi

1.-THE following notes OF cases are
from the West Publishing Company,
St Paul, Mimi
ENFORCEMENT OF RAIL RATES.
The authority of the circuit court to
restrain the esta biishment and enforce
nent of railroad rates, prior to de-
termination by the interstate commerce
commission of the question of their
reasonableness, is passed upon by the
United States circuit court for the
western district of Virginia, in Hous-
ton Coal & Coke Company VS.. Norfolk
& W. Ry. Co., III Federal Reporter,
1913. Granting that the commission has
only Jurisdiction to pass upon the rea-
sonableness of rate after 1t has been
demanded, charged, or collected, the
court says that it does not think that
it was meant to give any jurisdiction
to the courts to restrain a rate Which
has only been filed and posted. 1t such
Jurisdiction should be assumed, no case
for action by the commission could
then arise; for before permanent In
junction could issue. the court would
necessarily be required to pass upon
the reasonableness Of the proposed
rate, and thus render subsequent &C
ton by the commission unnecessary.
RIGHT OF BONDHOLDERS.
In the case. of Carter ". Fortney, ITO
Federal Reporter, 1853, the United
States Circuit court for the northern
district of West Virginia was called
upon to determine whether bondholders
of a coal company can maintain bill
10 restrain former employees from
carrying out a conspiracy to prevent
the operation of the mines. 1t appear
ed that several months before the bill
was filed a strike was declared and
the mines closed down. Later on. an
attempt to reopen them was resisted by
the strikers and they We're again closed.
Complainants were holders OF bonded
indebtedness of the com nany. amount
ing to $4,000 There was no aliega-
ton of any other outstanding habili-
ties, and the property was claimed to
be worth from $250,oO0 to 100000
These facts were urged by respond
ents to negative any idea of irreparable
injury to complainants' rights. This
the court said, would probably be true
if IL were not for other allegations Of
the bill that the sole value of the prop
erty depended uon the ability of the
company to operate its mines at pro-
fit. and held that sufficient interest on
the part of the bondholders was shown
to justify the overru1ing OF a demurrer
to the bill.
INTERSTATE COMMERCE.
In 1907, the legislature OF Okiahoma
passed a statute regulating the trans
portation of natural gas. Judged pJ
its title, it seems q very appropriate
and inoffensive piece Of legislation de-
signed for inspection Of pipe lines, Inn
iting gas pressure, ETC.. ana inoicatlne
modes of exercise OF power OF eminent
domain by pipe line companies. An ex.
animation Of section eight OF the act
however, disclosed the fact that thu
real object OF the act was to preven
the transmission OF natural gas Il
| points without the stats. -. claim
ed that natural gas Is not . subject o.
ownership az ordinary property. bu
should be considered - being simiia'
to .eanimals 6eFae naturAe. running
streams, the air We breathe, ana fores
reserves which are the common proper
~ OF tine whole iSssso1se. cen
tentiof the United states .distsict cour
IN Xansas Natural Gas Company VI