St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-10
LEGAL PROCEEDINGS AGAINST THE
JOINT TRAFFIC ASSO-
~ CATION
CLAIMED TO BE UNLAWFUL.
NEW YORK DISTRICT ATTORNEY
GOES TO COURT FOR AN IN
JUNCTION.
fh cir Agreement Is Alleged to BE a
Breach of the Interstate Com
merce Law.

NEW YORK, Jan. 9.-United States
District Attorney McFarlane filed a
bill of complaint in the United States
circuit court today against the thirty
two railroad companies forming the
Joint Traffic association. Mr.. McFar-
lane also gave notice that on Jan. II
ne would move for an injunction re-
straining the association from operat-
ing under its agreement. In the bill
bf complaint it is charged that the
agreement between the companies IS
Intended to combine or pool all COM
petition in traffic within it's scope, and
That the agreement covers all through
traffic Of the great trunk lines, which
comprises very large part of the
Interstate railroad traffic of the United
States. This agreement, it is further
alleged, is unlawful in that it estab-
fishes not only a traffic pool, but like
wise pool of earnings, in violation
Of section 5 of the interstate commerce
pct, and that it is a contract or COM
bination in restraint of interstate trade
Or commerce and unlawful under the
antitrust act of $780, known as the
Sherman antitrust act. The COM
plant asks as a relief to have the
contract between the railroads de-
clared null and void and the parties
to it perpetually enjOined from acting
under the agreement. The complaint
also asks for temporary injunction.
The bill of complaint was discussed
at the meeting of the association to-
day. George b. Blanchard, commits
sioner of the Joint Traffic association,
refused to commit himself to any spe-
cific statement of what was done at
that meeting, but remarked that the
question was one which could only be
discussed by C. B. Roberts, president
of the Pennsylvania railroad and
chairman of the board of controllers
Mr.. Blanchard said a special meeting
of the board would be called by Presi-
dent Roberts to take action in the
matter, but he could not specify the
date.
BILL OF COMPLAINT
After citing the names of the thirty
two railroads and the states in which
they are incorporated, the district at
torney's bill of complaint reads:
That the joint Traffic association is
lain articles of organization entered into and
executed by the several railroad and railway
companies herenbefore named; that all the
defendants are common carriers, Incorporated
es aforesaid, either by special charters granted
ply the several states of the United States or
Under the public statutes of such states, and
as such common carriers at all the days
end times hereinafter mentioned, and prior
thereto, were and still are engaged in the
transportation of freight and passengers,
either separately or in connection with each
inn civ
carrled on among the several states of the
United States and among and between the sew
eral states of the United States and the ter
Fltorles thereof and between such states and
territories and foreign countries, and from
places IN the United States through foreign
Countries to other Countries
The bill alleges that prior to No
vember 10, 1895, the defendants, and
more especially the Baltimore & Ohio,
the Chesapeake & Ohio, the Erie, the
Grand Trunk, the Delaware Lacka-
wanna & Western the Pennsylvania, the
New York Central, the Lake Shore the
Michigan Central and the Wabash,
with their tributary lines, were in
active competition; but that on the date
mentioned the defendants, "unlawfully
Intending to restrain trade and com
merce among the several states, and
attempting to monopolize such trade
and commerce, and intending to re-
strain and prevent competition among
the said RAILROADS in respect to all the
Interstate trade and commerce herein
litter more particularly described, and
contriving and intending unlawfully
Rnd unjuStly to deprive the public of
the facilities and advantages which
the public had heretofore enjoyed from
the independent competition of such
roads or any of them, and intending
to establish and maintain rates of
freight and passenger transportation
fixed arbitrarily and uninfluenced by
eompetition, entered into a certain I'M
lawful contract, agreement, combina-
lion and conspiracy to restrain trade
and commerce among the several
states, in the form OF a written docu-
ment entitled articles of organization
Of the Joint Traffic association.
ASKED TO CRUSH IT.
The bill proceeds with statement
of the terms of the joint traffic agree
ment, which is characterized as an ''un-
lawful contract, agreement, combina-
tion and conspiracy to do away with
competition in the freight and passen-
ger traffic of the defendant corpora
lions, and alleges 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 the laws
of the United States in this behalf, in
consideration of which the court is
asked to adjudge and decree that the
said agreement is unlawful null and
void, and that the defendants and
each and every one Of them and their
officers, agents and servants and each
and every one of them, be enjoined
perpetually from continuing a combi-
nation or association established by the
said agreement and from acting or in
any way operating their roads there
under, either in respect to the provis-
Ions of said agreement or in respect to
division among the several companies
parties to said agreement The court
is also asked to grant writs of subpoe-
macs upon the defendants and an in
junction restraining them from acting
under, enforcing or executing the said
agreement of articles of organization.
and from operating their said railroads
hereunder, and from further proceed
Ing in any manner to carry the said
agreement into effect and operation.
Mrs. WfnsioyT9s Soothing Syrup,
is an OLD and WELL-TRIED REAIEDV ona