New-York tribune., 1910-06-02
RAILROADS PLAN FIGHT
Deny That They Have Violated
Antitrust Law.
STOPPING IMPROVEMENTS
Though Taken by Surprise,
Roads Obey Order-Suit To
Be Expedited.

ST Louis. June Within the next two
days attorneys for the twenty-five Western
railroads temporarily restrained yesterday
from advancing freight rates by Judge
David P. Dyer. of the United States Dis
trict Court, will meet in st. Louis to plan
an answer to the governments suit. It
was announced tonight by an attorney for
one of the roads that Attorney General
Wickersham's petition for a permanent in
junction would be bitterly contested.
The principal ground on 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 law.
If any agreement at all Is admitted the
railroad companies will contend that 1t is
legal in every respect and that it is neces-
sary. because of present industrial condl-
tions. TO protect the interests of the gen
eral public.
The fact that the railroads are members
of the Western Trunk Line Committee
railroad officer said. did not indicate that
they were in an agreement, because the
schedule of rates promulgated by the COM
mittee was not binding on the different
members without their express consent.
It is said at the various railroad head
quarters that the enjoined rates might have
been collected at distant points to-day. be
cause rscinding orders had not had time to
reach them.
Railroad officers so far as they could.
obeyed the courts order even before ser
vice was made. They were greatly sur
prised at the secrecy with which the gov
ernment's petition was filed yesterday. and
were not prepared for action.
officers said that most OF the railroads
had anticipated the increased revenue
which the new rates would bring. and had
planned extensive improvements, which
probably will be held up pending litigation.
One broker in railroad supplies said he had
already received several cancellations on
orders from the railroad companies affected
by the injunction
The restraining order was placed in the
hands of a United States marshal tonight
for service tomorrow on three of the COM
panes having general offices in ST. Louis.
Copies of the order were sent to Chicago,
Kansas City, St. Paul and Parsons. Kan.
where the twenty-five other railroads have
their general offices.
Following the filing to-day of a request
to expedite the hearing of the case. it was
announced that Judges Adams. Vande-
venter. Hook and Sanborn, of the United
States Circuit Court, may take it up before
the vacation season. In that event the
hearing would take place in ST Paul.
where the judges are sitting.
The temporary restraining order was GER
tilted to the United States Circuit Court
here this morning. Under orders from At
torney General Wickersham an eXpedting
certificate. providing for a speedy deter
mination OF the issues, was filed. A copy
Of the expediting order was mailed to
Judges Hook. Sanborn. Vandeventer and
Adams.
Under the expedition certificate the in
junction suit will have precedence over all
other cases docketed in the court. Twice
only in the history of the United States
Circuit Court have such certificates been
filed here. In the Standard Oil case, de-
cided in favor of the government by the
Circuit Court Of Appeals. composed of the
same Judges who viii hear the railroad in
junction suit, and in the suit to dissolve
the Terminal Railroad Association of St.
Louis, expediting certificates were resorted
to for obtaining a spseEy hearing. The
railroads can file a motion 70 dissolve the
restraining order at any time. If they do
not do this Trey can file their answer on
the first Monday in July in the equity side
of the Circuit Court.