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pAHi \i. 245
trustee f'ol" the IMlMic lllidci' llic .'H't nf ( ^I'ess, hy .•iny such .•ictioii ;is li.-is hccn l.'ikcii in this case. IJy (h'si^ii.it i iil;' tlic .ii; I'ceineiit in (jucstion as illegal and the alleged comhination as an nidaw I'ul one, we sinij)ly meau to say that such is the charac'tcr (d* tlic at^rceincnt as chainicd hy the ( n ►xcrnincnt . That question the ( Jn\ ('rnnient has the I'iglit to hvuxix hel'orc tlic court and ol)tain its jiulgment thereon. Whether the agreement is of that eliaracter is the questiou herein to be decided.
To the same effect was the decision in Southern Pacific Tcrnii)i<il Co. v. Interstate Commerce Commission (219 U. 8., 498), decided February 20, 1911. An order of the commission had expired during appeal, and it was argued that the case had thereby become moot and the appeal should be dismissed. Mr. Justice ]\lcKenna, quoting at length from the opinion in the Tra)is-Missouri case (p. 515), sustained the jurisdiction of the court. He cited with approval Boise City Irrigation d' Land Co. v. Clark (141 Fed., 415), where the Circuit Court of Appeals, ninth circuit, held that it was entitled to pass upon the validity of a municipal ordinance fixing a water rate, although the ordinance expired pending the litigation as to its validity.
On this point Circuit Court Judge Ward said, in Irving v. Xcal (209 Fed., 471\ at page 476:
Assmning that the acts complained of in the bill or some of them have been discontinued, further commission of them may be properly enjoined if they are unlaA\^ul.