The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-10
INJUNCTION WANTED.
To Restrain a Traffic Association
From OperatfnC.

NEW YORK, Jan. 9-United States
District Attorney McFarlane filed bill
of complaint in the United States circuit
court today against thirty-two railroad
companies forming a joint traffic associa-
ton Mctarlane also gave notice that on
January II, he would move for an in
junction restraining the association from
operating under the agreement
After citing the names of the thirty
two railroads and the states in which
they are Incorporated the complaint
reads:
',,.Ehat the joint traffic association is a
voluntary association organized under
certain articles of organization, entered
into and executed by the several railroad
companies hereinafter named.
That all the defendants are common
carriers, incorporated as aforesaid,
either by special charter 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 were and still are engaged
IN the transportation of freight and pas
Sengers, either separately or in cOnnec-
tlon 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 cOun-
States" ---''-'
The bill alleges that prior to November
70, 1885, the DEFENDANTS and more espec-
-
peake d Ohio, the Erie, the Grand Trunk
the Delaware, Lackawanna & Western
the pennsylvania, the New York Central,
the Lake Shore, the Michigan Central and
the Wabash, with their tributary lines,
We're in active competition, but that on
the date mentioned, the defendants ''un-
lawfully intending to restrain trade and
commerce among the several states and
attempting to mOnOpOliZe such trade and
commerce and said railroads in respect to
all the interstate trade and commerce
hereinafter T. ri
and contriving and intending unlawfully
ana unJuStly TO deprive the public of the
iaclut1es and advantages which the public
had heretofore enjoyed from the indie
pendent competition of such railroads or
any of them, and intending to establish
and maintain rates of freight and trans
portation fixed arbitrarily and uninf1uenc-
ed by competition, entered into a certain
unlawful contract, agreement, combina-
ton and conspiracy to restrain trade and
commerce among the several states in
the form of a written document 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 unlawful
contract, agreement, combination ana
conspiracy, to do away with competition
IN the freight and passenger traffic of the
defendant corporations and alleges that
the railroad companies are now prepar-
ing to put into operation that agreement
to the great detriment and DISADVANTAGE
of the public and in violation of the laws
OF the United States, in this behalf. in
consideration of which the court is asked
to adJudSe and decree that the said agree
ment is unlawful, null and void and that
the defendants and such and every one
of them and their officers agents and
servants and each and every one of them
be enJOined perpetually from continuing
a combination or association established
by the said agreement, and from acting
or IN any way operating their roads there
under, either in respect to the provisions
of the said agreement, or in respect to di-
vision among the several companies.
parties to said agreement.
The court is also asked to grant Writs
of subpoenaes upon the defendants and
an injunction restraining them from act
ing under, enforcing or executing the said
agreement of articles of organization"
and from operating their said railroads
hereunder and from further proceeding
i'll any manner to carry the said agree
ment into effect and operation.
AT the conclusion of tOday'S session of
the managers of the Joint Traffic asso-
citation the following statement was given
out:
THE bill of complaint fled by United
States District Attorney McFarlane in the
United States court for the southern dis
trict of New York having been served
upon the parties to the articles Of organi-
Zation of the Joint Traffic association A
meeting of the board of control has been
convened to consider this and other SUBJ
Jects coming before it. being the first
meeting since the association was organ
lied"
From outside sources it was learned
that the board of control will consider
this matter on Tuesday next.