163 F. 736 | U.S. Circuit Court for the Southern District of Georgia | 1908
(orally). This is an exceedingly interesting question, and, upon its proper and final determination, a great deal looking toward the settlement of controversies between the shipping public, and the great lines of transportation, must depend. The averments of the bill are of the most significant character. It is charged, that through a great freight association, called - the Southeastern Freight Association, the respondent corporations have entered into an unlawful combination in restraint of the business of transportation, by means of which the staple commodities, upon which the very life of the people must depend, are necessarily and largely enhanced in price. It is alleged that this is done in an unlawful manner; that the increase is to go into effect immediately; that the damage to innumerable purchasers of goods throughout the territory affected will be irreparable; that the complainants and all in like case standing have no recourse save by application to the court of equity having jurisdiction.
It is true that in this case the illegality of the alleged increase in rates must necessarily in large measure be determined by the federal law. • The legality or illegality of the alleged combination in restraint, of trade must be determined by the same law, and it seems to be conceded that, generally speaking, this court would not have jurisdiction of these questions finally, except under conditions which do not exist here; that is to say, the court can only for final determination entertain the federal question in the district of which the defendants are inhabitants. But to my mind this case presents this aspect, if the.averments of the bill are taken as true. Here is a threatened and imminent violation of the federal law, of the gravest character to a large number of people, not to the public, but to many. The injuries, the consequences of which are described, will take effect on the 1st of August. There is no time, this being the 29th of July, for these people to have protection, or seek recourse elsewhere. They are entitled to
I will say now to counsel that if the facts of the case are proved, as they insist they will be, so far as the court is at present advised, it will proceed to retain this bill for injunction until they can make proper application to the Interstate Commerce Commission, and there have the question determined as to whether or not this increase is reasonable. The railroads then, will have no reason for delay. They will “post with quick dexterity” for final judgment. The court will not, as at present advised, proceed to final decree in this case, at least until that trained, expert, and responsible body, charged with the special duty, shall pass upon the issue here. I will sustain the demurrer to the plea, and thus intimate that, if complainants do not in a reasonable time go to that department of the government specially charged, the court will dispose of the case. I sustain the demurrers, and overrule the pleas to the jurisdiction, construing the pleas and the averments of the demurrers and the'bill together.