New-York tribune., 1896-05-29
SOME OF THE PROVISIONS.

SOME OF The fftON lSiO-No'
"Art.cle !. Section l. The duly published schedules
of rates fares and charges and the rules appncao'e
thereto now In force and authorized BY the COM
panes parties hereto shall within ten days after ths
agreement becomes effective be filed with the mar"
ayers. ~ . ,u ,ro,, t,re IN time
recommend such changes In said rates iares i,
charges and rules as may be reasonable ana JUST
and necessary for governing the traffic covered oy
this agreement and for protecting the interests VI
such ne by any party hereto and
when made shall be deemed violation OF @ 1nis
Of its officers or agents devate from or change the
fares charges or rules neren hv reso
luton of It's Board The action OF such Board snall
affect the ses n Re interest," Sr It's
own road K copy of the resolution of the Board ot
amy sa be phr by the
pany making the same to the manages ,t au Says
after the receipt of such resolution by the managers
The managers. upon receiving sucn ,,o' ~ ne
promptly upon the same for the pro'ec'oh OF TIE
sec 3 The powers conferred upon the managers
shall be so construed and exercised as not 70 permit
Violation OF the Interstate Commerce act or any
other law applicable to the premises or any 70 prH ny
OF the companies parties thereto and the managers
shall cooperate with the Interstate Commerce CIm
mission to stability and uniformity III the
rates. fares. charges and rules estaohshed here-
It also provides as to competitive traffic Article
s: The managers are charged with the duty OF Sc
portions of the competltive traic covered by this
agreement as far as can be legally done, and the
soliciting freight and passenger agents in relation
to the trafic covered with due regard TO tne rea
sons to be employed is given to the managers"
THE GOVERNMENT THE PLAINTIFF.
This bill is brought at the request Of the Inter-
state Commerce Commission. under the direction OF
the Attorney General, by the District-Attorney Of
the United States for this district against this agree
ment. made. without counting upon any statutes,
or alleging anything actually done under II to be or
itself unlawful otherwise than because so Done Inc
answer denies as a conclusion, any illegalty within
or under the agreement; and, as matter or Iact,
anything unlawful outside OF or beyond H. Inc case
has been heard upon the bill and answer, and so Is
made to upon the question OF the legality or IL
legality OF the contract and upon the right OF the
United States plaintiff. to maintain this suit II IT
is Illegal The provisions Of the contract stated are
understood to be the challenged as being con-
trary to the statutessquoted
The restraint and monopoly act expressly author author,
Its violation. and this suit Is well manained II this
nS named in this act and are said in arsumen e
be within It's terms. No one is SO named. but 1t
stppif stprainf OF trade or commerce among the States
Railroads DO not trade among the States sa but they
them so carrying would seem to be a restraint OF
such commerce
for lessening the number of carriers nor their
facilities, nor for raising their rates, except ex
therefore not beyond what are reasonable The
Interstate Commerce law, Section l. requires all
able and lawful rates upon carriage in any traffic
cannot be any restraint In law upon such traffic
The soliciting OF custom is no part OF the duty of
common carriers. and dispensing with soliciting
agents or With the control OF them cannot be
illegal. agreement to do so be an illegal con-
tract AS this case rests wholly upon the contract
as made. and not anything actually done under
color OF beyond IT, and each road Is left by II to
carry on its business within lawful limits as before
unlawful restraint OF commerce seems to be
provided for by IT, and ground for relief under
that statute OF 1890 Is made out.
POWERS OF THE GOVERNMENT.
No provision is made by the Interstate Commerce
law for enforcing its provisions In equity except to
carry out orders of the Commission; and authority
for thi. suit to restrain any violation of that law
must appear otherwise. or fa.l. That Governments
and States exercising general municipal control
the people, their property, their rights and Their
convenience may, by their law officers maintain
suits In equity to restrain actual nusances TO ways
parks commons and the like, which are injurious
to the common rights Of all to their enjoyment is
not 10 be questioned. The United States Govern
ment is limited in such control to such particular
subjects as committed to 1t. which include Of
course Interstate and foreign commerce. carrying
the malls and such. These railroads are not Federal