The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-22
Joint Tramc Injunction Case.

AFTER nearly nve months decay the case or
the United States against the Joint Traffic
Association came up yesterday for a hearing
before Justice Wheeler in the equity branch.
United States Circuit Court, at New York.
Assistant District Attorney Wallace McFar-
lane appeared for the United States. and OPP
posed to him were James c. Carter, ex-Min-
lister Edwar J.. Phelps, L. c. Ledyard, Ash
bel Greene. c. b. Alexander, z. Randolph
Robinson and Judge Logan, of Philadelphia,
the latter for the Pennsylvania railroad.
which filed a separate answer TO the COM
plant. District Attorney McFarlane's OPEN
ing address occupied the time Of the court
up TO the hour for recess, and was not then
concluded. At the conclusion of his argu-
ment Mr.. McFarlane informed the court that
he would submit a brief covering other points
In the case and mentioning his authorities.
To this Mr.. Phelps vigorously objected, say
ing that he was not in the habit OF trying a
case in court and then beginning 1t all over
again on paper. He finally consented TO
allow the district attorney to have his way
on the latter promising to inform him of the
authorities cited at the time the brief was
handed in, so that Mr.. Phelps might refer to
them in his argument.
j.. c. Carter opened the case for the de-
PENDANT railroad corporations. He referred
to the business of common carriers
before the railroad companies came into ex-
istence. and sketched the rise and progress
Of the roads from the earliest days down to
the present time. THAT the government
takes a great interest IN the matter" he
said, rs shown by the earnestness or the
district attorney. We admit that it is a
question or great interest to the government.
but we also contend that 1t is or hardly as
mucn Importance as IL Is TO the defendants.
They have arrived at an agreement for the
purpose OF accomplishing needs OF very ma
terial interest TO them In the discharge of
their duties and practice of the rights in
carrying on their business. 1t is impossible
Tor the railroads to imagine a difference be-
tween their " and the interests of the pub
lie in this matter. They never supposed one
could exist, and do not suppose SO now. They
believe that in coming to this agreement that
they have accomplished something equally
them. They. therefore, In defense of their
action. deem it necessary that the whole SUBJ
ject should be fully exposed and discussed"
Mr.. Carter referred to the nature of the
business and the exigencies which demanded
t. some sort OF an agreement was neces-
80 at the time the Joint Traffic Associa-
ton contract was made. He contended that,
though In a general way the business was
pretty well understood, yet there could no;
be too full an exposition Of all the facts
our first railroads." said Mr.. Carter, were
brought into being by the granting of GER
tain lands to the roads. The rights obtained
by the railroads were the right to carry or
tAtC oAtt VI I'LL uc Oful
nariiy understood; that Is, to carry merchan.
disc and passengers for a reasonable com.
pensation. The first railroads were construct
ed under such charters. Early In the his,
tory OF railroads general laws were passed
throwing open public franchises TO anyone
furnishing the required amount OF capital
The business, In its nature, Is a public bust
ness. They are. in fact. the public highways
of the country and as necessary to the bust
ness of the country as any other highway
IL would have been the function and duty O
the government to have constructed the rail
roads themselves, had there been no othel
way. and have betrayed the expenses by tax
alton. Had such a course been necessary
do not believe the roads would have evel
been built. But a different method was pur
sued. Private capitalists were invited I,
make investments In these enterprises. Tn,
consideration offered 10 them and secured b,
their performance of those conditions was tn
right TO carry on the business of common
carriers. Inasmuch as these offers wer
made freely to all the business was, from tn,
first. thrown widely open to public competi
tion." Mr.. Carter spoke of the consolidation
OF the roads at various times and theI
growth into large systems. becoming depend
ent upon each other. He declared thai no
where in the world were rates lower than II
this country. The case will be continued to
day.