Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1892-12-03
ANTITRUST LAW.

~ DOcIAIOu lHhy hOuucTH ~
operative-The Government Defeated In
m Important Case ut TOpeka-PossiblO
Enect of the Deoiaion.
TOPEKA, Kan, Nov. 29.-Just before
the adjournment of the United States
SQUIRT 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,
and the case was argued ut Cheyenne
ON the Sd Of August last under the pa
tional antitrust act.
The association comprises oil 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
ISOLATION 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 voluminous,
containing $4,000 words.
1t quotes the contention and defense
upon every point and all the authorities
and not position of the government is
sustained. The action was one of the
most important that had ever been
brought in the west.
After adjournment of the court q
correspondent saw District Attorney
ADV and ask him if he had any observa-
tions rs to the opinion, as to the court,
as to his intentions for the future
ut was impossible for the govern
ment to prove that rates at competing
points are unreasonable, " said Mr.. Ady.
son 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
q combination and that prices are re-
=, lofo ho -fr,ao
law, then none of the trusts and COM
bines of which the people complain,
such as the Standard Oil trust, the
sugar trust and the beef combine, is OBJ
noxious under the law. 1t is fact
we'll known to everybody that the
Standard Oil trust has improved the
quality of lighting fluid and lowered
the price. Such q construction prac-
tically annuls the antitrust law.
THE real object of that law, as in
sist, is to prohibit these great combine
lions of capital which, though they
may reduce prices at the commence
ment, tend to monopoly in the pro-
duction and distribution of prime neces-
stiles and are dangerous to the welfare
and perpetuitiy of republican institu-
tions. The court also holds that the
anti-trus 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
ator Vest when the law was framed. !
shall appeal the case"