Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-22
THE COURTS
U. S. Commerce Court.

U. S. Commerce Court.
Present: Presiding Judge Knapp and
| Associate Judges Archibald Hunt. Car
No. 80. Baltimore and Ohio Railroad.
| ct al agt. United States known as the
| Fuel Coal Case a suit to set aside
order Of Interstate commerce commission
rates on coal intended for use as fuel
| by other railroad carriers from the point
Of origin to the junction point Of delivery
to the line Of the consuming carrier. Or
der: Ihis cause coming on to be heard on
| motion by the interstate commerce COM
| mission to strike out certain portions of
| the petitin as immaterial and irrelevant.
and having been argued by counsel. on
due CONSIDERATION thereof It is ordered
and adjudged that the motion be sus-
tanned and that the portions Of the pc
| tition specified in the motion be stricken
| out. BY the court Martin A. Knapp.
presiding judge.
No 80. Baltimore and Ohio Railroad
Company, ct al. agt. the United States.
John Arbuckle and William A. Jamison
and the Brooklyn Eastern District Termi-
nal. intervensrs on behalf of the petit
TONERS. and Federal Sugar Refining Com
pany. intervening respondent; involving
an order Of interstate commerce COM
| mission affecting lighterage charges on
sugar In and near New York harbor.
On motion for temporary Injunction
| enjoining the enforcement of an order of
the United States commerce commission,
made December 5. 1910. and effective on
or before the 18th day Of April. 1911. said
last mentioned date having been extend
ed by the commission to June i, 1911.
Mr.. George F. .Brownell. solicitor for
the petitioners; Mr.. Closson, solicitor for
the intervening petitioner. Brooklyn Eas-
tern District Terminal. and Mr.. Dykman.
solicitor Tor the Intervening petitioners.
John Arbuckle and William A. Jamison.
doing business under the firm name of
the Jay. Street Terminal, appearing for
the motion.
Mr.. P. j. Farrell, Mr.. Blackburn Ester
line and Mr.. Ernest A. Bigelow. counsel
for intervening defendant, appearing
contra.
Order: The above entitled cause, came
Commerce Court at a regular session
thereof held at the city of Washington,
May II. 1911. upon petition of the petit
TONERS and the intervening petition OF
and the Jay Street Terminal and afi-
davits submitted by petitioners in sup
port Of their petition.
The court having heard the arguments
of counsel and considered the pleadings
and affidavits in support of the motion
and having given the same due considera-
ton
Now. this 22d day of May. 1911. 1t
Is ordered and adjudged that the motion
for a temporary injunction for the
-
same is hereby granted.
And 1t is further ordered and ad-
judged that said order, to wit:
This case being at issue upon COM
ing been duly heard and submitted by
the parties. and full investigation of
the matters and things involved having
been had and the commission having.
on the date hereof. made and filed a
report containing it's conclusions there
on, which said report is made a part
hereof. and having found that the al
loWances paid by the above de-
PENDANTS to Arbuckle Brothers on their
sugar brought by them on floats from
lighters to the regular terminals of
defendants on the Jersey shore. in the
state OF New Jersey. while at the same
time paying no such allowances to
complainant on it's sugar brought by
1T on lighters to the defendants said
regular terminals on the Jersey shore,
unduly discriminate against said COM
plainants and unduly prefer said Ar
buckle, Brothers. in violation of the
act to regulate commerce:
1T is ordered that the above-named
defendants be. and they are hereby, no.
titled and required to cease and desist
on and after the 18th day Of April 1911,
and for a period Of not less than two
years thereafter, abstain from paying
such allowances to Arbuckle Brothers on
their sugar, which said allowances so paid
to Arbuckle Brothers by said defendants
are found by the commission in said re-
port to be unduly discriminatory and In
merce,"
and Its force and effect be, and the same
hereby is. suspended until the further
order Of this court
And 1t is further ordered and adjudged
that duly certified copy Of this order
be served upon the chairman Of the in
terstate commece commission
by the court: Martin A. Knapp, presid-
Ing judge.
On motions to dismiss the petition filed
In said action for the reason that the
facts therein stated do not constitute q
cause for action:
Mr.. P. J. Farrell. Mr. Blackburn Ester
lin and Mr.. Ernest A. Bigelow. counsel
Tor intervening defendants. appearing for
the motion. and Mr.. George r. Brownell,
solicitor for the petitioners Mr.. Closson.
solicitor for the intervening petitioner.
Brooklyn Eastern District Terminal, and
Mr.. Dykman. solicitor for the intervening
petitioners. John Arbuckle and William
A. Jamison. doing business under the
firm name OF the Jay Street Terminal, ap-
pearing contra.
The above-entitled cause came on for
hearing before the United States Com
merce Court at a regular session Of said
court held in the city Of Washington
the 18th day OF May. 1911, upon motions
made by the United States. the interstate
commerce commission and the Federal
And the court having considered said
motions and the arguments Of counsel
in support thereof and the petition filed
in said cause. and due Consideration
thereof being had
Now, on this 22d day Of May, 1911. II
is ordered and adjudged that said motions
be. and the same are hereby. denied. with
leave to the defendants making said mo-
lions to answer the petition Of the pc
titioners within twenty (2O) days from the
date hereof. II they shall be so advised.
BY the court: Martin A. Knapp, presid-
ing Judge.
Nos. and 9. James ]. Hooker. ct al,
agt. Martin A.. Knapp. ct al, and the
White Eagle Lead Company. ct al. agt
interstate commerce commission ct al;
rates on merchandise between Cincinnati
and Chattanooga: Mr.. P. j. Farrell
spoke on behalf Of the interstate
commerce commission and Mr.. Francis
B. James on behalf Of the petitioners, on
the demurrers Of the commission and the
Cincinnati. New Orleans and Texas. Pa
cific Railway Company and the motion
Of the United States to dismiss.
No. 30. Norfolk and Western Railway
Company, ct al, agt. United States; local
class rates from Roanoke, Va. to Win
ston- Salem. N c.. and from Lynchburg,
Va. to Durham. N. c.: through class
rates from Cincinnati to Winston Salem
and Durham. N. c.; petition filed by the
attorney general of North Carolina rep