Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-12-01

| A Decision That Renders II virtually In.
operative--The Government Defeated IN
an Important Case nt Topeka Possible
Eject Of the Decision.
TOPEKA, Kan, Nov. 90 Just before
the adjournment of the United States
court last evening Judge Riner handed
down his opinion in the case Of the
United States against the transmits
souri, Traffic association.
On every point at issue he held
against the government The case,
which had attracted the attention OF
attorneys and corporations throughout
the country. is pretty well understood
by the public
The action was brought by United
States District Attorney Ady against
the Transmissouri Traffic association,
aud the case was argued at Cheyenne
on the Sd Of August last under the ma
tional antitrust act.
The association comprises all the rail-
roads from the Missouri river TO the
Pacific ocean which are doing inter-
state business, except the Northern Pa
cific and the Southern Pacific systems,
fifteen lines In all.
The contention Of the government
was that the Transmissouri Traffic as
sociation is in the nature Of trust and
in restraint of trade; that its tendency
is TO create and foster monopoly and
suppress competition, and that there
fore 1t should be dissolved.
Judge Riner holds in effect that the
agreement of the traffic association is
not obnoxious TO the antitrust law be-
cause it improves facilities for trans
portation and maintains reasonable
rates The opinion is very vouminous,
containing 10000 words.
1t quotes the contention and defense
upon every point and all the authorities
and not a position Of the government is
sustained. Tn nc action was one OF the
most important that had ever been
brought in the west
After adjournment OF the court
correspondent saw District Attorney
Ady and ask him if he had any obserga-
tions as TO the opinion, as to the court,
MS to his intentions for the future
'It was impossible for the govern
ment to prove that rates at competing
points are unreasonable, said MIR. Ady-
"On the contrary, the lowness Of these
rates is made an excuse for higher rates
locally But this was not the real ques-
tion insisted upon by the government II
the fact that facilities are improved by
n mbination and that prices are re-
duced Is defense under the antitrust
law, then none of the trusts and COM
bines of which the people complain,
such as the Standard Oil trust, the
sugar trust anu inc beef com mDine, Is OBJ
noxious under the law. Ii is a fact
well known to everybody that the
Standard Oil trust has improved the
quality Of lighting fluid and lowered
the price such construction prac-
tically annuls the antitrust law.
"The real object Of that law, as in
sist, is to prohibit these great combina-
tions of capital which, though they
may reduce prices at the commence
ment, tend TO a monopoly IN the pro-
iuction and distribution of prime neces-
stiles and are dangerous to the welfare
and perpetuitiy Of republican institu-
tions. The court also holds that the
antitrust law does not apply to traffic
associations by railroad companies
which are governed by the Interstate
commerce act This is squarely in the
face Of the views expressed by Senator
sherman, Senator Edmunds and Sem
ltor Vest when the law was framed.
shall appeal the case.