South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-01-30
MISSOURI RATE
LAW UPHELD BY
FEDERAL COURT
Judge Mcpherson SuStainS
State at All Points and AttOr-
ney General May Now Pro-
Ceed to Get Rebates.

KANSAS CITY, Mo, Jan. 3O.-A
clean sweep victory for the state Of
Missouri was recorded Friday morn
ing, with the reading of Judge Smith
McPherson's opinion in the now ia
nous Missouri rate cast. Atty. Gen.
Barker of Missouri is now free to go
ahead with his refund suits for SEA-
600, 900 against = railroads in the Mis-
souri, state courts.
Judge Mcpherson ruled that the bill
Of complaint filed by the roads is dis
missed without prejudice, with judg-
ment for costs against the roads and
the vacation of all injunctionS order
ed.
He further declared that any party
who wished 10 proceed in federal court
in refund cases had a right to do so.
Judge Mcpherson passed over the
questions without discussion or COM
ment, of the suits of the attorney gen
eral against the railroads for excess
fares and rates paid during the life of
the Injunction; to whom this money
shall be paid; to whom the money not
claimed, if any, shall be paid; and the
years of litigation necessary to collect
this money.
Agree on Amounts.
The judge said that a master ap
pointed in federal court could ascer-
tain the amount Of the overcharges
and the number of claims in a few
months, but the parties don't agree on
this method.
Judge Mcpherson denied the con-
tention that shippers should not be
permitted to bring their claims to fed
eraI courts if they so wished.
The railroads based their arguments
on a clause in the mandate of the su-
preme court, which they claim TO have
overlooked at first.
This clause reads:
''YOu therefore are hereby COM
manded that such execution and fur
ther proceedings be had in such cause
i'm conformity ys.th the opinion and
decree OF This court rs according TO
right and Justice and the laws OF the
T.. =. ought To be had, the said appeals
Notwithstanding"
The railroads claimed that it would
not be right and just to permit the
state to sue them for the total amount
of overcharges; that the question
should be settled In federal court
where the original cause of action was
brought; and that a claim should be
proved before the railroads should be
made to pay II.
The state claimed that the clause
alluded to is simply q formal clause
Of so many words having none of the
leep significance the railroads ascribe
formal printed part TO be found ia
all mandates" thus agreeing with the
states contention.
The railroads cited a decision Of
Judge Trieber in the Arkansas rate
cases keeping jurisdiction for the pay
ment Of funds in the federal court
They claimed the Arkansas and the
Missouri cases were similar and that
Judge Mcpherson should be governed
by this precedent.
Cite Arkansas Case.
Judge Mcpherson points out that
the bonds the Arkansas railroads were
compelled TO put up in federal court
amounted to S1,O0O,000; in Missouri
they were only 10000 for each road.
In Arkansas the state officials want
ed the cases kept in federal courts for
that court had the money in cash
nearly sufficient to meet their refund
claimS-the railroads wanting the
cases taken from the federal court.
In Missouri the state wanted the right
to sue for the money in state courts
for the reason that federal court has
not sufficient money to meet the
amounts Of the claims, while the rail-
roads wanted it in the federal court.
hoping 10 get off on the amounts OF
their bonds-S1O, 900 each.