The Indianapolis journal., 1895-12-29
THE RAILWAY TRUST
CASE AGAINST THE PRESIDENTS TO
BE PUSHED BY HARMON.
Interstate-Com Commission Has
Held That the Traffic Agreement
Is a Violation of Law.

WASHINGTON, Dec. 2S.-The prosecution
Of the Joint Traffic Association of the
Eastern trunk lines, recently formed in
New York city, will be begun Immediately
by the government. The decision of the
Interstate-commerce Commission, holding
the agreement to be violation of inter-
state-commerce law, has been forwarded
by Attorney-general Harmon to the
United States district attorney for New
York with an official communication, and
the latter doubtless will endeavor at once
to prevent the carrying out of the agree
ment. The procedure. doubtless, will be by
Injunction against the members of the as
sociation. This. 1t is assumed, will be
served on several Of the roads that are
members, and which are within the juris-
diction OF New York State. The case, after
decision by the United States federal court,
whichever side wins, will be appealed to the
Court of Appeals, and ultimately TO the
United States Supreme Court. The serving
of injunctions against the roads within
one jurisdiction-that of eastern New
York-is made because Of the objection to
the multiplicity of suits and the consequent
enormous cost to the government. AT the
same time it is possible that other district
attorneys may be advised by the Depart
ment of Justice later to take steps against
the roads within their jurisdiction.
The action of the courts in the case, ii is
believed, will depend very materially on
the decision in the Transmissouri Freight
Association agreement case, which is now
pending for argument in the United States
Supreme Court. This case brought
first in the federal court of Kansas, and
was appealed by the government, which
lost, to the Supreme Court, where 1t prob
ably will be argued in March or April.
Attorney-general Harmon is expected to
present the governments contentious in
the final hearing.
Chairman Morrison, Of the Interstate
commerce Commission, said to-day that
the prosecution Of the matter now prac-
tically rests with the Department of JUS
into the possession of the commission Will
be forwarded to the Attorney-general for
his information II cannot tell w what :, ac-
matter whether by Injunction Sa n,t1sT or other
the matter to him. and If the district at
torney, after examining all the papers in
the case, is in doubt as to what steps he
should take, he will undoubtedly ask for
further instructions from the. Attorney
general and proceed accordingly. There
have been complaints of this nature before.
and prosecution made, but whether the ac-
ton is to be taken against the trafiic as
ISOLATION as entity or its members, or
any member individually. rests entirely
with the Department of Justice
dispatch from Chicago says: Chicago
railroad men in general are OF the opinion
that the attack on the new Joint Traffic As
sociation will in the end come to nothing.
They say that the association is no pool,
but a combination for the purpose OF pre-
venting decentralization in rates. No attempt
is made to elevate rates, but the roads, II
is claimed. have a right to unite for the
purpose of conserving their revenue, pro-
yided they make no attempt to get from the
shipper more than the regular tariff rates
filed with the Interstate-commerce Corhmis-
sion, for freight and passengers.