7. That a decree may be entered requiring the said defendants to pay the costs of this proceeding and reasonable counsel fees. 8. For such other and further relief in the premises as to the court may seem meet and just and the equities of the case may require. THE INTERSTATE COMMERCE COMMISSION by Edw. A. Moseley, To the Honorable the Judges of the Circuit Court of the United States within and for the Northern District of Illinois: The Chicago & Alton Railroad Company, a corporation organized and existing under and by virtue of the laws of the State of Illinois, brings this its bill against the Interstate Commerce Commission, established and existing under and by virtue of an act of the Congress of the United States, and thereupon your orator complains and says: That the Chicago & Alton Railroad Company is a corporation duly organized under the laws of the State of Illinois; that the defendant, the Interstate Commerce Commission, had been created and exists, and during all the time herein mentioned, has existed, under and by virtue of an act of the Congress of the United States, entitled, "An Act to Regulate Commerce," approved February 4, 1887, and the acts amendatory thereof. Your orator further avers that it has its principal operating office in the city of Chicago, Northern District of Illinois, Eastern Division. Your orator further avers that the Chicago & Alton Railroad Company, is a common carrier, engaged in the transportation of property by railroad from and to points in various States and Territories of these United States to and from points within the States of Illinois and Missouri; that your orator is engaged and has been so engaged since the 29th day of April, 1908, in the transportation of commercial coal from the points within the States of Illinois and Missouri to points to the same States and beyond; that numerous coal mines are located on and along your orator's line, within the States of Illinois and Missouri, and principally within the State of Illinois; that these mines ship large quantities of commercial coal by your orator's line to consignees at different points upon the lines of other common carriers; that your orator for the accommodation of this commercial coal traffic, owns and operates 3,037 gondola coal cars; that when requested by the consignor or consignee, it furnishes in addition box cars for the transportation of coal; that its said 3,037 gondola cars and such box car equipment as may be desired by the shippers are sufficient at all ordinary times to transport all commercial coal tendered to your orator for shipment from the mines to consignees at various points upon your orator's line and beyond. Your orator further avers (here it is stated that the railroad has 360 special fuel cars of its own which it utilizes exclusively to get its necessary fuel from the mines on its line). Your orator further avers (here it is stated that the coal thus taken in fuel cars is not put into the course of commerce at all). Your orator further avers (that at certain periods of the year, to wit, in the early winter months, there is a shortage of equipment for hauling commercial shipments of coal from mines along your orator's railroad; that at times of such car shortage your orator furnishes various mines along its line with commercial equipment pro rata in accordance with a certain circular bearing date October 17, 1906, effective November 1, 1906, and now in full force upon your orator's line, said circular being in words and figures as follows-here the rules governing the distribution of cars to coal mines contained in said circular are set forth in full, providing among other things that fuel cars will not be computed in assigning the quota of system cars). Your orator further avers (that on, to wit, the 27th day of April, 1908, the Interstate Commerce Commission entered an order requiring your orator to cease and exist on or before the first day of July, 1908, and during a period of at least two years thereafter from maintaining and enforcing the present practice of coal car distribution along its line of railroad, said order being in words and figures as follows:-to wit,-here follows the order of the Interstate Commerce Commission directing that fuel cars shall be taken into consideration in making the allotment). Your orator further avers (that a copy of said order was duly served upon a principal officer of your orator at his usual place of business). Your orator further avers (that the said order of the said defendant the Interstate Commerce Commission was made upon a complaint filed with said body by the Illinois Collieries Company; that subsequent to the filing of said complaint, an answer was filed by your orator and testimony adduced by the said parties). Your orator further avers (that, in requiring your orator to take into consideration its own fuel cars in determining the distribution of coal cars among the various mines along its line and to count as a part of the proportion of the mine, such cars as are consigned for your orator's own fuel, is unreasonable, unjust, oppressive and unlawful in that, etc.). Your orator further avers (here it is claimed that the practice of car distribution is not subject to regulation by the Interstate Commerce Commission). Your orator further avers (here it is claimed that the practice sought to be established by the Interstate Commerce Commission is not within its jurisdiction). Your orator further avers (here it is claimed that there is no unreasonable discrimination by the non-counting of the orator's fuel cars). Your orator further avers (here it is claimed that the fuel cars are not part of its commercial equipment). Your orator further avers (here it is claimed that the order of the Interstate Commerce Commission is an unreasonable discrimination against mine supplying it with coal). Your orator further avers (that the order limits the amount of coal to be mined, a matter outside the jurisdiction of the Commission). Your orator further avers (here it is pointed out that the orator's own fuel supply does not enter into commerce). Your orator further avers (that if the said order of the said defendant, the Interstate Commerce Commission, is allowed to become effective a multiplicity of suits against it will be caused). Your orator further avers (that the acts of the Interstate Commerce Commission in which it intends to persist are contrary to equity and tend to the manifest injury of the orator). Your orator therefore prays that upon the filing of this bill a temporary or interlocutory order may be entered herein suspending the said order of the said Interstate Commerce Commission, and restraining the said Commission from taking any steps or instituting any proceedings to enforce said order, and that upon a final hearing of this cause a decree may be entered herein enjoining, setting aside, annulling or suspending, the said order of the said Interstate Commerce Commission, and perpetually enjoining the enforcement of said order, and perpetually enjoining to the said defendants and its members or their agents, servants, and representatives from the enforcing of the said order, and from taking any steps or taking any proceedings towards the enforcement of the said order. Your orator further prays that such other and further relief may be granted in the premises as justice and equity may require. Your orator prays that your honors may grant under your orator the writ of subpoena of the United States of America directed to the said Interstate Commerce Commission, commanding it on a certain day and under a certain penalty herein to be specified, personally to be and appear before your honors in this honorable court, and then and there full, true and complete answer to make to all and singular the premises, but not under oath, the answer under oath, hereby being expressly waived, and to stand to and abide by such order or decree herein as to your honors shall seem meet, and agreeable to equity and good conscience. And your orator will ever pray, etc. THE CHICAGO & ALTON RAILROAD COMPANY, its Solicitors. By 1. Supervision of current accounting. who must keep accounts, 952. extent of powers over accounts, 953. permanent improvements out of capital, 958. 2. Separation of interstate accounts. apportionment of interstate business, 960. bases of the proportion, 962. apportionment of total expense, 963. ACT TO REGULATE COMMERCE, |