The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-06-02
Bitter Contest Is Expected to
Prevent This Action Be-
coming Permanent
AGREEMENT ON RATES IS
{ BASIS OF ALL ACTION
Railroad OmciaIs Have Been Taken BY
Surprise and Have Not Yet Brought
Their Forces Together for
the Big Fight

| St Louis June within the next
two days attorneys for the % west
ern railroads temporarily restrained
from advancing freight rates by Judge
David p Dyer of the United States
circuit court yesterday will meet here
to plan an answer to the governments
suit. 1t was announced tonight by an
attorney for one of the roads that
Attorney General Wick ershams petit
tion for permanent injunction will be
bitterly contested.
The principal ground upon which the
suit will be fought Is the contention
that there is an agreement among the
railroads to advance freight rates in
violation of the Sherman antitrust
law.
| If any agreement at all is admitted
the railroad companies will contend
| that it is legal in every respect and
that it is necessary because of present
Industrial conditions to protect the In
terests of the general public. The fact
that the railroads are members of the
western SUNK line committee. an Of
ficial said does not indicate that they
are in an agreement becahse the sched-
ule of rates promulgated by the west
ern trunk line commitfee is not bind
ing on the different members without
| their express consent.
In Hands of MarshaIs
| The order of Judge David p. Dyer,
| restraining % western railroads from
advancing freight rates, was placed in
the hands of the United States marshal
| tonight. Three of the companies hav-
| ing general offices here will be served
tomorrow morning. They are the Mis-
souri, Pacific, the Wabash, and the
i Frisco systems.
/ Copies OF the order were tonight sent
to Chicago, Kansas city. st. Paul and
Parsons, Kas., where general offices
of the various railroads are located.
! Following the fling of a request to
expedite the hearing of the case this
afternoon 1t was announced that the
judges of the United States circuit
court, Adams, Vandeventer, Hook and
| Sanborn, may take II up before the
vaca tion season. In that event the
| hearing would take place in st. Paul,
where the judges are now holding
| court
| Though the temporary injunction is
| not effective until served on all the
railroads, 1t was announced here that
no effort has been made today to col
| lect the advanced raets
Too Far Away for Orders
was s,aeeu a. various ,aiiroao hedu-
auai'1's 'hsh' iie enJoimeu rates might
,a'e oeen 'oieo'eu az uistahe poihts TO-
10Y uay use Ieseiiuins ' oruers hau not
n nau ''nie " ieaen ,iieiii. INC oiiieiaiS' 80
iat aS '"es eouiu' opeyeu 'ne eouits
u,uei' eNeh oeioie service was naue'
lney were slea,iy SURPRISED at the
seoiecs ss WIN wnich 'ne government pc
uuon was hied III the COURTS mere anu at
flanlipaI f yesterday anu were uhprepared
| ~. ~, ae,'on-
oi,oaie saiu 'na. iiios' VI inc 'oaus nau
an.opa'eo .ne inoteaseo revenue "nicn
.ne new rates "ouiu prns' anu nan
| pion"eu mp ioFeiiies. "fiV'
PiopaoS WIN oe neio up penaihs hu-t
salon'
III an eno'a 10 'es'ore 'he rates en-
Jo,neu' w ram oaus may come INTO cur
Win peu,loh 70 uissoiVe .. .ne ,nluneeion'
ran."e IN 'i'', ene pee,',oii oi lle soselm, cru,