The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-01-07

/ that this combine once eliminated Kan
sas might expect to supply dozen states
and territories with salt, as well as with
hay, and that all the millions
of bushels of wheat and corn
of central and Southern Kansas
would be left free to seek the best mar
ket, whether foreign markets, by the
way of the Gulf, the markets of the Lakes
, or of the more distant Atlantic, with
out first being compulsorily consigned
to the mouth of the Kaw river, there to
terest of Missouri capital that pays no
taxes in Kansas. In the interest of his
state and Of his people and in pursuance
of justice and right he brings this action
to break down the aforesaid combine
and restrainer of commerce, this trust
known as the Translnissouri Freight
ASSOCIATION.
That our readers might not be misled
and that they should understand the
full scope of Mr.. Ady's Indictment or
petition, in response to a request for in
formation he replied as follows and
practically word for word:
81 proceed in this action By authority,
and under the direction Of the attorney
general of the United States.
Il deem it of the utmost Importance
that the object and purpose of this action
should be properly understood at the out
set, and therefore request you TO publish
my views precisely as given to you, rather
| than the speculation of those who are not
informed concerning the case
This is an action by the United States
against the Transmissouri Freight associa-
tion and the fifteen railroad companies
composing that combine. 1t includes by
name the Atchison, Topeka and Santa Fe,
the Chicago Rock Island and Pacific, the
Missouri Pacific, the Union Pacific, the
Denver and Rio Grande and ten other
companies doing an interstate bust
ness west of the Missouri river.
The action is brought under the act of
July 2, $780, ito protect trade and COM
merce against unlawful restraints and
monopolies," commonly known as the
antitrust law IL proceeds upon the
proposition that the Transmissouri
Freight association is an illegal cOmbina-
ton and conspiracy in the restraint of
trade and commerce and to monopOliZe
the trade aud commerce between the states
and territories of the United States. The
prayer of the petition Is that the Trans
missouri Freight association be dissolved
and the defendants be perpetually re-
strained eDjOined and prohibited from
further combining, conspiring or acting
together to maintain rates on their lines
of road in restraint of trade and commerce
or to mono ollie the trade and commerce
between the states and territories afore-
said.
The petition recites the following facts
l. That defendants are common carriers
incorporated under the public statutes of
the states and of the United States, en-
gagged in the freight traffic between the
states and territories, and that prior to
March Is, 1889, each of the defendants
separate lines of railroad and furnished to
persons engaged in trade and commerce
separate, distinct and competing lines of
transportation between the states and ter
ritOries lying westward of the Missouri
river to the Pacific ocean, and that to en-
courage and secure the benefit of Compel
ing lines of transportation throughout
this region of country the government of
the United States and the states and terri
tories within said region had granted to
the defendants franchises, land grants,
securities and subsidies of great value.
IL. That on the 18th day of March, 1889,
the defendants not being content with the
rates of freight they could receive with
free competition, but contriving and in
tending unjustly and oppressively to estab-
lish and maintain arbitrary rates of freight
transportation in the interstate commerce
throughout the region aforesaid, did COM
bine, conspire, confederate and unlawfully
agree together and enter into a written
contract, combination, agreement and
compact known as the memorandum of
agreement of the TraDsmissouri Freight
association. Here | set out copy of all of
the articles of that agreement which are
pertinent to this issue. By the terms of
this agreement the association is given
absolute control of all competitive traffic
between points in all that vast region of
country lying west OF line commencing
at the ninety-fifth meridian on the Golf of
Mexico, and running north to the Red
river, thence TO the eastern boundary of
the Indian Territory, thence along the
eastern boundary OF said territory and of
Kansas to Kansas City, Mo-, thence by
the Missouri river to the Montana line,
thence to the international line between
this country and the British possessions.
This association is composed of one per-
son representing each railroad company in
the combine. and companies resign to the
association the absolute power to establish
aud maintain rules, regulations and rates
upon every pound of competitive traffic in
that region of country By the arbitrary
assumption of the Missouri river as a bas-
ing line all traffic practically is held to be
competitive The association is given |
power to punish by fine any railroad that |
reduces rate fixed by it.
III. That on the lst day of April, 1889, !
said agreement took effect and that ever /
since that time by reason OF said agree |
ment and combination and association, /
and under duress of the fines. and penal /
ties prescribed by said articles each aud all /
OF the defendants have put into force and |
maintain on their road tariffs and rates oE /
freight fixed by said association, and that 4
the officers and agents of the several rail I
road companies have ever since said 4
time refused TO put into force reasonable /
rates of freight based upon the cost Of con- J
.tructinn and nnerafinn OF their sararal |