The Bismarck tribune., 1923-03-05

til the hearing and determination o,
an application for an intcrlocutory in
junction presented at the same tim.
| with this appllcation) said defend
ants, either uS individuals or as rep
, rescntatves of the State Of North Da-
, kOta. said intervenor. and all othe'
persons. from attempting to compel
d, it3 directors, officers. agents and EN-
| pioyes to observe. maintain, and kee!
| in force the rates and charges for wa
scribed by the Board of railroad Com
missloners OF North Dakota in its or
der dated December SOth. 1922. which
order. marked. Exhibit A.. is here
/ to attached. and from attempting to
compel plaintiff. it's directors. officers.
| maintain said rates and charges, and
| from attempting to interfere with or
prevent plaintiff. its directors, Off
GERS. agents and employees from i'm
rates and charges set forth in "t:xhi.
bit r. attached to the supplemental
bin Oh file herein: and from taking
any steps or proceedings against
plaintiff its directors. officers. agents
and employees to enforce any penal
it's directors. officers. agents and EN-
plovcs for djsregardng the rates and
charges prescribed by said Board of
Railroad Commissioners of North ia :
1872. being Exhibit A.. attached
hereto: or for putting into effect any
excess Of the rates and charges sch
cduled i'm said Exhibit T. attached to
the supplemental bill Of complaint.
lotson. Esq. Mcssrs. Davis. Sever
nnce ~ Morgan. and Cleon ,Headlcy,
Esq, appeared for the Plaintiff. in
! suD"ort Of said applications; and
JOHN THORPE. Esq: Attorney
e"sra ta ana r. 'Fe Sare Hs OF s S%r'" appear a."
cd on behalf Of the Defendants and
the Tntcrven0r.
Said Applicant ion has; been made up
on the verified supplcpental bin of
complaint hereinbcfore filed and up
on the affdavits and exhibits pre-
scented by the respcc tive parties.
And the Court having read and con.
sidered the. supplemental bill and the
| affidavits, and exhibits presented by
the respective parties. and having
heard ard considered the arguments
Of counsel and being fully advised in
the premises: and 1t appearing to the
, satisfaction of the Court. ,bon the
preliminary showing here made. that
piled by the plaintiff. as set forth
! and prescribed by the Board of Rail
road Commissioners of North Dakota
in its order dated December 30th.
l.?s copy of which order s,,. Is, hereto
| the, maintenance of said rates hy
plaintiff will deprive plalntm of it,
property without compensation. and
without due process of law. and in
viOlat ion of the Constitution of the
United States. and that unless euui-
table relief is. granted until Just and
rcs sonabe. rates are established nc
cording to law plaintiff will suffer ir
reparablc loss and damage. nov
therefore. il is
ing and determination of the npuli-
cation for an interlocutory injunc-
ton. or until the further order Of the
Court. the defendants and the inter-
venor. and each of them. their
agents. servants. employees attorneys.
them, and all other persons. be. and
they are hereby. restrained. enjoined
and prohibited from i'm any way en-
forcing or attempting to enforce the
schedule Of rates and charges now i'm
effect, and set. up and described in
i2I That pending and until the
hearing and determination of the ap-
plicatiOn for an interlocutory iniuuc-
ton, or until the further order of this
Court. the defendants and the inter-
venor. and each Of them. their agents,
the successors Of each and all Of
them and all other persons, be- and
they are hereby. restrained. eniOined
and prohibited from in anyway inter-
fering or attempting to interfere. pre-
Tnnt,nG H,s,u,,s, or or; attlt,einpting to prevent.
ploycs, from maintaining in effect
rates and charges now in excess of
the rates and charges set forth in
Exhibit e.. hereto attached, being