Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1896-01-15
FIGHTING THE TRUST
Action Commenced Against the
Combine Of Railroads.
IN THE NEW YORK COURTS
Andrew F. Burleigh Appointed Sole
Receiver of the Northern Pacific
in the West.

New York, Jan. 9.-United States Dis
trict Attorney McFarlane filed a bill of
complaint in the United States circuit
court today against 32 railroad com
panies forming the joint traffic associa-
ton. McFarlane also gave notice that
January II he would move for an in
junction restraining the association
from operating under the agreement.
After citing the names of SO railroads
and the states in which they are in
corporated, the complaint reads: THAT
the Joint Traffic Association is a Volun-
tary association organized under GER
tain articles of the organization, enter
ed into and agreed to by the several
companies hereinbefore named.
THAT all the defendants are common
carriers, Incorporated either by special
charters granted by the several states
of the United States or under the public
statutes Of such states, and as such
common carriers at all the days and
times hereinafter mentioned and prior
thereto We're and still are engaged in
the transportation of freight and pas
sengers, either separately or in connec=
tion with each other in trade and com
merce continuously carried on among
the several states of the United States
and the territories thereof, and between
such states and territories and foreign
countries and from places in the United
States"
The bill alleys that prior to November
19, 1895, the defendants, and more es-
pecially the Baltimore q Ohio, the
Chesapeake & Ohio, the Erie, the Grand
Trunk, the DELAY ..re Lackawanna &
Western, Pennsylvania. New York Cen
tral, Lake Shore, Michigan Central, and
Wabash, and that their lines were In
active competition but that on the date
mentioned defendants "unlawfully in
tending to restrain trade and commerce
among the several states and attempt
ing to monopolize such trade and com
merce and intending to restrain and
prevent competition among said rail-
roads in respect to all interstate trade
and companies hereinafter more par
7 ticularly described, and contriving and
| intending unlawfully and unjustly to
| deprive the public of fair and just ad-
| Vantages which the public had here
| tofore enjoyed from independent com
petition of such railroads or any OF
them, and intending to establish and
maintain rates of freight and trS.lspor-
tation arbitrarily and uninfuenced by
competition, entered into a certain un-
lawful contract agreement, combina-
tion and conspiracy to restrain trade
and commerce among the several
states, in the form of written docu-
ment entitled Articles of organization
of the joint traffic organization" The
bill proceeds with a statement of the
terms of the joint traffic agreement
which is characterized as an "unlaw-
| full contract, agreement, combination
| and conspiracy" to do away with com
| petition in the freight and passenger
| traffic of defendant corporations and al
| ieges that the railroad companies are
| now preparing to put into operation
| that agreement to the great detriment
| and disadvantage of the public and in
| violation of laws of the United States.
| in whose behalf and in consideration
| of which the court is asked to adjudge
| and decree that the said agreement is
| unlawful, null and void and that the de-
| PENDANTS and each and every one OF
them and their officers, agents and ser
wants and each and every one of them
be enjoined perpetually from keeping
the combination established by the said
| agreement, and from acting or in any
way operating their roads Hereunder
either in respect to the provisions o.
said agreement or in respect to the di
vision among the several companies
parties to said agreement
The court is also asked to grant writ
of subpoena upon the defendants anC
an injunction restraining them from
acting under, or executing the agree
| ment of the articles of organization
and from operating their said railroads
hereunder and from further proceed
ing in any manner to carry the saiC
agreement into effect and operation.
At the conclusion of today's session
of the managers of the Joint Trafn
Association the following statemen
was given out: The bill of complain
filed by United States District Attorne,
Macfarlane in the United States cour
for the southern district of New Yorl
having been served upon the parties t
the articles of organization of the Join
Traffic Association, a meeting of tn
board of control has been convened I
consider this and other subjects coming
before it, being the first meeting sine
the association was organized" Fro1
the outside it was learned that tn
board of control will consider this mat
ter on Tuesday next