Page:Federal Reporter, 1st Series, Volume 2.djvu/484

 filKSMOBB V. L., 0. & L. BT. CO. 477 �Antagonisms between railroads and the public exist more or less in every locality, and is too often manifested in the verdicts of juriea, unjust legislation, and varions other ways. This is to be regretted. But the surest way of counteracting these popular resentments is to require the railroad com- panies and their managers to keep within their legitimate spheres, and compel them in good faith to administer the trusts confided to them for the public good. The court is as ready to protect railroad companies in the fuU enjoyment of their franchises, and against the injustice mentioned already, as it is to compel them to do their duty to the public. �Judge Gresham, of Indiana, Judge Treat, of Missouri, and Judge Wood, of the fifth district, indieated the bent of their minds by granting restraining orders similar to the one issued in this case. I have consulted two of the district judges in this circuit who concurred in the conclusions herein an- nounced. Judge Harlan, as I understand his recent decree, decided the same question in the same way; and the asso- ciate justice assigned to this circuit, on being requested, a few days since, to sit with me on the hearing of this motion, said that he had confidence in the learning and accurate dis- crimination of Justice Harlan, and that he had no idea that he would, after investigation, etc., dissent from the decision made by the former. These intimations and concurrent views, coming from so many and such high sources, have very ma- terially strengthened the convictions which I have myself entertained in relation to the questions involved. I shall fol- low the ruling of Justice Harlan, and continue the restrain- ing order until a final hearing can be had. �The following order was then entered : �"The motion of the complainant for a preliminary injunc- tion herein, according to the prayer of the original and supple- mental bill herein, having been brought on to be heard, and counsel for the respective parties having appeared and been heard, and the court having duly considered the questions involved, does hereby order that a preliminary injunction be issued herein restraining the said defendant, its agents, officers and servants, during the pendency of this suit, from ����