Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-08-19
NEARING ON coMPANIEo'D DEMAND
ron INJUNCTION AGAINST
RATE REDUCTION.
WANT COMMISSION ENJoINED
UNTIL TRIAL ON MERITS
Com paniss Contend Rates Proposed Are
Unfair and Confiseatory-stats viii
Attempt to Show That Reductions
Ars Net Jeopardizins Property Rights
and Should 81 Given Fair Trail.
special to Times Republican.

Des Moines. Aug. ls.-The express
rate injunction case comes before
Judge Smith Mcpherson today for a
preliminary hearing.
Some Of the attorneys sought to have
the case delayed because Mr.. Guernsey.
attorney for the express companies. is
in the gas case before Referee Sloan,
but it is understood Sloan will give
way to his superior at least for a day
or two.
The case comes up today before Nc
Pherson in the form of preliminary
hearing to decide whether or not a
temporary injunction shall! be issued
to restrain the attorney general and
the state officials from putting into
force and enforcing the new schedule
Of express rates determined by the
railroad commission last December 10
be reasonable for business within the
state.
II the court holds for the express
companies. all of which are parties TO
the suit, he will issue temporary in
junction to hold until such time as the
case can be presented finally on its
uieIlto> GlleI tiie tihlIlS VI eNlucHSS va
both sides. II he holds with the state
he will leave the door open for the en-
forcement of the lower rates. All that
has been done thus far was to issue
temporary restraining order without
hearing. So the suit today can NOT N
any sense be trial on the merits Of
the case.
The hearing at this time will b. by
affidavit only, no oral testimony being
taken.
The Two Arguments.
The express companies have pre-
pared affidavits in which it is set forth
that the rates now are reasonable, that
the proposed reduction would be con-
fiscatory, that the state has no proper
besis for any such rates, and the re-
ports will show the express companies
are not making an unreasonable profit
The state. or defense, will present
affidavits contradicting all this, and
further declaring that there can be no
substantial injury done by having the
lower rates put into force. nothing thst
calls for the exercise Of extraordinary
powers to, protect property rights. The
state viii! also ask that the rates be
permitted to so into effect so that a
real test can be made as to the effect
of the reduction.
1t is recalled that in the Missouri
rate cases Judge Mcpherson directed
that the reduced rates be put into
force, declaring in his decision that ali
testimony as the effect OF the reduc-
ton was mere speculation. and suS-
costing that the rig ht Vay 10 find out
what the effect would be was to try
1t. This followed the line of reasoning
of Judge WooIson in a somewhat fam
Gus Des Moines gas case some twenty
years ago. The state will insist that
this is good reasoning and sound sense
and that no amount OF expert testi-
mony as to what effect would follow
adoption of any certain rate could be
as valuable as an actual trial. Then
the way bills could be subjected to ex-
animation and for comparison with
way bills of prior dates.
The case will be handled in the main
by Attorney Gurnsey for the express
companies. assisted by number If
special counsel. For the state it will be
presented by the attorney general as
son. Special Counsel Byers. Commits
sioner Thorne and Mr.. Robbins. of the
attorney generals office.
Il is hardly TO be expected that the
court will render decision immedia tcly,
as the affidavits and arguments Of
fered in written form on this prelim-
mary hearing are OF considerable OK
tent.