The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-05-21
COURTS OF JUSTICE or 3:
INJUSTICE. 3:
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There is rule of law that courts
shall give 10 a statute the meaning
that the trainers thereof n,ended it
to have. If lave should be construed
by those who write them, courts
should serve the purpose intended by
those who create them.
One of the most 2laring failures OF
the latter proposition as demonstrated
in practice, is indicated by certain
conditions now existing in Oklahoma
as a result of the Hook Injunction, is
sued about a year ago and recently
sustained by the circuit court of ap-
peals
Under the protection Of the Hook
Injunction, oklahoma railroads are to-
day charging shippers of coal with
freight on higher weights than the
weight of the shipment at the mines
and are collecting such charges. The
corporation commission, Contsruins the
injunction as APPLYING to the rate pre-
scribed by the commission for the
transportation weights as the basis
for freight charges on coal, is impos
ing fines for violation of this rule, and
Is declared by the railroad attorneys
to be in contempt Of the circuit court
in so doing.
The legislature of l907.9 taking no
tice of the practice OF certain ship
pers of claiming shortage in the de-
livery of coal where the same was due
to natural shrnkage in transit, passed
a law authorizing railroad companies
to add TO the destination weight,
where the same IS less than the
weight set out in the bill Of lading,
not to exceed one per cent for haul
OF $50 miles or less, and not to eX.
ceed one and one half per cent for a
longer haul.
As a concrete example, the King
fisher Ice Company recently received
Il car OF coal weighing at the mines
100000 pounds. At Kingfsher the car
weighed $4,000 The railroad assum-
ing to act under authority OF the sta
ute above referred to, added one and
one-half per cent to the destination
weight making the car weight 100000
pounds, and collected freight on such
weight. In other words. the shipper
was compelled to pay freight on 700
pounds of coal that never was put into
the car.
The firm of Payne & Jamison Of
Frederick recently bought a car Of
coal weighing at the mines 6i,7OD
pounds. At Snyder, the last railroad
scale reached by the shipment before
destination. the shipment weighed
something less than $4,000 pounds
Assuming TO act under the authority
of the above statute, the company
added one and one-half per cent 10
/ this weight and compelled the shipper
10 Qay freight on Ga, 5,265 pounds. The
shipper was forced to pay freight on
| 565 pounds of coal that he never
/ bought.
4 similar injustice under the same
pretended authority, was perpetrated
against the firm of c. II. Cannon &
/ O., - ,.npantI,r a
complaint had been filed with the
corporation commission and hearing
held, the Frisco FailroaH company
was fined $4,000 for contempt of the
commissions order. The railroad com
pany now refuses to pay the fine and
taking the ground that the order al
legged TO have been violated was not
in force and effect at the time of the
hearing or of the shipments in ques
ton, the commission having been spe-
officially enjoined and restricted by an
order of the circuit court of the United
States for the western district of Ok
lahoma issued June :, 1910, from en-
forcing said order or provisions there
OF. and from taking any steps or pro-
ceedings TO punish the defendant in
such cases for any violation thereof
This order was the Hook injunction
secured by the Frisco company.
As to the injustice involved in THIS
application OF the power OF the federal
courts. there can be no question. The
courts rush to the aid OF corporations
and save them from alleged taking Of