Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1922-02-16
THREE FEDERAL
ARBITERS HAND
DOWN DECISION
Public Service Commission AL
lowed to Make Intrastate
Rates.

The Indiana public service commission
will be allowed to promulgate rates APP
plying to intrastate rates where there is
no conflict with the Interstate Commerce
Commission, and which rates are allowed
by the carriers to become effective with
out contest, according to a decision
handed down by Federal Judges Francis
P Baker and George I. Page both Of
the United States Circuit Court of Ap-
peals of Chicago, and Judge A. B. An
derson of the Federal Court Of Indian
apolis, all Of whom heard the case to-
day.
HEARING HELD ON
MOTION OF u. s. LESH.
The hearing was held under motion
made by U. 8. Lesh, attorney general
of Indiana in the case Of the Baltimore
& Ohio Railroad Company against tho
public service commission, Charles Royce.
prosecuting attorney Of the Sixth Judi
ciaI circuits Of Indiana. and others. The
case was originally heard in January.
1921, and resulted in what is known as
the frozen rate injunction" being issueo
by the court that virtually tied the hands
of the public service commission insofar
as making interstate rates was concerned
Mr.. Lesh and the commission recently
filed a motion asking that the injunc-
ton be modified so that nothing therein
should be construed as prohibiting the
public service commission from altering
or changing any individual rate fares or
charges authorized or prescribed in the
order of the Interstate Commerce Com
mission under date Of Jan. IS, 1921, or
fixing rates on specific commodities or
specific classes of commodities between
specific points within the State Of In
diana; nor as prohibiting the public
service commission from fixing and pre-
scribing such individual rates and
charges, that do not cause undue or IN
reasonable advantages, preference or
prejudice, as between persons or local.
ties in intrastate commerce as against
foreign commerce, and fixing a maximum
and minimum thereafter to lie charged
without conflict with the rulings of the
Interstate Commerce Commission.
CHICAGO JUDGES
AT HEARING.
This petition as filed. was overruled
by the court and instead an order hold
ing that nothing contained in the pre-
viOus order shall be construed as apply
ing to the charge for any transportation
within the State, which charge the Inter
state Commerce Commission by appropri-
ate order shall except from the provisions
Of its order Of Jan. 2S 1921, that is un-
contested by the carriers within thirty
days from the service thereof
This modification. according to Mr..
Lesh, while not just what was desired.
will enable the commission to function
as to rates within the State and will
prove satisfactory until the injunction
case has been finally disposed OF by the
United States Supreme Court
The application for a modification of
the injunction was filed before Judge
Anderson. who decided that in view Of
the fact that three judges are required to
pass upon such an injunction in its origi-
nal form he preferred that the same pro-
ceedtng be followed in a modification Of
such an order and Judges Baker and
Page were asked to be present for the
hearing.