The Topeka state journal., 1914-02-06
OPEN TO APPEAL
Way Is Cleared for the Rail-
roads Of Missouri
To Garry Refund Cases to o. 8.
Supreme Court.

Kansas City. Feb. e.-Judge Smith
McPherson of the federal court has no
power to retain jurisdiction OF suits Of
shippers and passengers to recover
overcharges from the railroads, accord
ing to an amended decree. filed by the
judge today, entering the mandate OF
| the United States supreme court up
holding the Missouri cent passenger
fare and maximum freight rate laws as
constitutional. This. railroad attorneys
say, leaves the way open for the rail-
roads to appeal to the United States
supreme court.
Beyond the statement that the court
has no discretionary powers in the mat
ter. and is merely carrying out the
higher court mandate the decree il
virtually the same as that entered by
Judge Mcpherson last Friday and later
held up upon the request Of attorneys
for the railway that the amendment
! made in today's decree be added. The
amended decree. like the former one.
dissolves Injunction against John T.
Barker. attorney general OF Missouri,
| that prevented him from proceeding
with suits to recover $24. 900 600 excess
freight and passenger charges made
while the rate cases were in litigation.
It likewise dismissed the original in
junction brought by railroads to pre-
vent the enforcement of the rate laws
and states that the original SO 900 bond
put up by each railroad does not limit
ally SIuRPcI VI PASSENGER as 10 tll8
claim for recovery of overcharges.
Without Discretion.
This court is without discretion in
the matter, and has not discretion un-
der the mandate Of the United States
supreme court" the court said.
THE amended decree leaves the
railroads free to appeal to the United
State supreme court" said Frank
Hagerman, chief counsel for the rail-
ways. II shall begin preparation Of
the appeal Immediately"
The decree, as read by Judge Nc
state officials as a victory for the state
in that it gave shippers and passengers
the right to sue for overcharges in any
court they pleased and in that 1t
placed no limit on the liabilities of
the railroads.
The court named Wash Adams Of
Kansas City as special master to ad-
judicate any claims that might be
brought in the federal court. When
railroad attorneys last Friday asked
that the court incorporate in the de-
cree statement that he would have
taken jurisdiction over all claims for
overcharges If he had been permitted
to do SO under the higher court man.
his decree. In the amended decree
the Judge refuses to state what he
would have done.' but does say ex-
| plicitly that he had not power to do
more.
As Barker Sees 1t.
Judge McPherson's amended decree
| in the Missouri rate cases does not
change their status in the slightest de-
gree" said John T. Barker, state attor-
ney general when told Of the filing of
the order at Kansas City. THE cases
are now out OF the judges court. He
has dismissed them as the United
States. supreme court ordered him to
do. The cases for recovery of over
charges now are in the state courts,
where they belong, and all litigation
concerning them in the federal court is
| ended. I shall go ahead with my suits
to recover overcharges from the rail-
roads,