The evening times., 1913-12-29
The Chicago Great Western
Makes Application for In
junction Against Rates.
ST. PAUL LOSES ITS
FIGHT FOR VANTAGE
Sought to Have all Terminals Within
the Twin Cities Considered ON Same
Basis, but Rail Commission Decides
This Cannot be Done.

~ duAp A4AAtttsS 1>CCs Sos"luo S1als
cago Great Western has asked the
United States district court for q
temporary injunction restraining the
state from enforcing in it's case the
schedules Of rates prepared by the
State Railroad commission under the
eastman distance tariff law. The
hearing will be held before Judge
Charles A.. Willard at the st. Paul
fsderai building at 10 a. m. today. and
g. aev ns.'ess xsss siSE1a sasorasy
Nils, thsrissT = +. Staples spies and a charles @ a
E.. Elmquist, members of the state
commission.
O'Bricn Special Counsel.
hearing by tho attorney general and
Thomas d. O'Brien, special counsel in
the rate cases. The stockholders Of
the company will enter appearances
through Stiles w. Burr ana Joseph
Everall, while the company will be
represented by Asa g. Briggs.
This is the first attempt on the part
Of Minnesota carriers to enjoin the
new distance tariff law, effective Jan
uary I, and the action was instituted
as the result of peculiar circumstance
es applying to the Great Western
alone.
Old Rates Being Tested.
When the United States supreme
court decided the famous Minnesota
ing tariffs were confiscatory as to the
Minneapolis and st. Louis but valid
as to the Great Northern and North
ern Pacific. The Great Western then
asked that it be classified with the
Minneapolis & st. Louis and at q
hearing in the federal courts 1t was
agreed that it should establish the
state rates for q period Of four
months, from October to February
!. 1914. in order that it might be de-
termined whether these tariffs were
actually confiscatory as claimed.
This test has not as yet been con-
cluded and careful check 10 being kept
by the state and the company Of all
shipments so as to ascertain the diff
ference in revenue between the new
and old rates.
The Great Western now asks that
the distance tariff law be enjoined
until this accounting has been fully
made. 1t not only desires that it be
exempted from establishing the dis
tance tariff system as defined by the
law, but also that the rates prepared
by the commission in compliance with
this law be enjoined.
st. Paul, Minneapolis, the Midway
Transfer. and all other points within
the corporate limits Of either city will
be considered as separate terminals,
taking different rates. by the rail-
roads, when the eastman distance
tariff law becomes effective January
1. The application OF this ruling will
mean an increase in the present rate
Of $3.50 to So for switching in Minne-
apolis to q rate Of $3.50 car. :rhis
Is a result Of the decision Of the state
railroad commission not to issue an
order designating the twin cities and
terminal, with equal rates on all In
and out shipments. The announce
met Of the commissions attitude was
made today by Charles F. Staples.
''The distance tariff law" said MIR.
Staples, makes distance alone the
measure of rates. We have tried to
find some way by which we could des-
ignate the twin cities as one terminal.
as they have always been considered.
but without avail. The result may be
deplorable. but we cannot help 1t. The
it Is inflexible, and allows US no lati-
tude."
Two months ago the st. Paul asso.
citation of commerce asked that the
commission designate the twin cities
as one terminal. Applying the dis
tance rule, Minneapolis will have the
advantage in rates from and to three
fourths of the state by ten miles. For
years all carriers have charged the
same rate to both cities, and all points
within them, thus giving to shippers
the advantage OF two markets. For
mer Attorney General Edward 4.
vonnr ronroSnnfo1 tho oaaOcio tion
and made the argument before tho
iaoinn