The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-02-10
RAILROAD
CASES WILL
CO HIGHER
ATTORNEY ENER AL,
WEST FAILS IN EFFORT
FOR REHEARING
FEDERAL JUICE GRANTS
TEMPORARY INJUNCTION
Case VIII Be Taken Before
Circuit Court Of
Appeals

Attorney General Charles West.
who win arrive from st. Louis this
evening. wired the corporation com
mlssioG last night that Federal Judge
Hook had overruled his motion to
reopen the hearing and had made hts
final order granting temporary injunc-
tions to the Santa Ne, Gulf, Colorado
and Santa Fe and Katy roads against
the TWO cent passenger rate and tho
freight tariffs OF the corporation com
mission
The attorney general also stated In
his telegram that an appeal had beet
allowed 10 the circuit court OF ap-
peas and that hearing would be
granted az soon as the record In the
case could be prepared and the ap-
peal perfected
The Indemnity bonds OF the Katy
aud Santa Fe roads in the sum OF
sg5e,000 each and OF the Gulf, Colo
RADIO and Santa Fe In the sum OF $780,
900 were approved by Judge Hook.
and / Is stated that the three cent
passenger rate and former freight
rates will be in effect within ten days.
According 10 Assistant Attorney
Gene al George A Ilenshaw, counsel
for the corporation commission, the
railroads have already printed the
tariffs putting into effect the old
rates.
The hearing before the circuit
court of appeals Will lake place In
st. Lcnls
When seen here today w. II.
Sharpe, general superintendent OF the
Santa he. and n. Cottingham. at
torney for the SANTA Fe road In OK
lahoma. had nothing to say as to
when The three.cent rate and old
freight rates would be put back into
i effect
Temporary iniunctlons were .nfor-
mally issued "Wednesday In the Uni.
4 led states circuit court against the
state OF Oklahoma and the Oklahoma
corpo alton commission. restraining
them from further enforcement OF
the two cent passenger fare and
| freight rates.
The Missouri. Kansas and Texas
and the Aichison, Topeka and Santa
Fe railroads gave bonds for s250,000
each and the Gulf, Colorado aud
san'a Fe for $4,000 TO protect pas
sengees II 1t is ultimately determin-
ed that tho higher rates should not
be continued
The orders followed an opinion de-
/ iivered by Judge Hook. in which he
held the evidence showed that at the
present rates in oklahoma the rail.
roads were not earning q fair IN
come on thoir investment.
Judge Hook held that In determln-
+ ing the earning power OF a railroad
. doing an interstate and local business
here Is tendency 10 deny that out
. standing bonds and stocks are evil
. dences OF value. He said these must
Z be taken into account 10 ascertaining
( the value within any state. In bis
e oplnion Judge rIcok said:
"The number OF tons hauled one
mile has no bearing on the value Of
:. property save as revenue is produced
? Passengers are not hauled by weight
I and the passenger aud ton mile can
Y not be reduced 10 common term.
The earnings in the state can only
I. fairly be determined on a mileage
u basis
4 Upon this mileage basis Judge Hook
Il found the earnings OF the Missouri
i Kansas and Texas In Oklahoma was
51-3 per cent. and that OF the Sants
Fe system was l-2 per cent. This
: he said, was not fair earning.