216 F. 562 | W.D. Mo. | 1914
In 1905 the Legislature of the state of Missouri passed an act known as the “Maximum Freight Rate Law” (Laws 1905, p. 102), and in 1907 amended said act (Laws 1907, p. 171) and passed what is commonly known as the “Two-Cent Passenger Rate Law” (Laws 1907, p. 170); said laws providing for a reduced freight and passenger rate, respectively, in the state of Missouri. The defendant railroads sued out writs- of injunction enjoining the operation and enforcement of these laws, which injunctions were made permanent by decree on final hearing.Meantime the railroads continued to charge and receive the rate exacted before the passage of said laws. Upon appeals to the Supreme Court of the United States, that court ordered the injunctions dissolved and the bills dismissed without prejudice, holding upon the record that said rate laws were valid and in effect. The state, at the relation of the Attorney General, brings suits to recover the excess charged and paid while the injunctions were in force. The defendant railroads have removed the cases to this court, and plaintiff has filed pleas to the jurisdiction and motions to remand.
In No. 4188 the Kansas City Southern Railway Company is a Missouri corporation, and the removal is based solely upon the .al
It may be that the court to which such objections are properly addressed will decide that any such joinder is improper, that the state cannot recover for the individual shippers, and that- no recovery can be had except upon the injunction bond; but these are considerations that concern the merits, and not the question of removability. Such matters not being present for determination, I express no opinion whatever concerning them.
It follows that the pleas and motions must be sustained, and the cases remanded to their several state jurisdictions. It is so ordered.