The sun., 1897-03-23
ANTITRUST LAW APPLIES.
THE SUPREME COURT REVERSES THE
IRA AHS-MLSSOURI DECISION
II HoIds THAT the law Applies TO Common
Carriers, and That the Trans.NIirsouri
Agreement Puts Restraint ON Trade II
violates the Law and Must ne Abandoned.

II Holds That the law Applies TO Commor
Carriers, and THAT the ans.NIirsour
Agreement Puts u Restraint Trade II
violates the Law and Must ne abandoned.
WASHINGTON, March 22.-By majority
opinion delivered by Justice Peckhnn, the
Supreme Court Of the United States to-day an.
nounced its decision that the agreement OF the
Trans Missouri Freight Association to maintain
rates within its territory WAS violation of the
Antitrust law of 1890. which prohibits con.
tracts or combinations in restraint of trade, and
must be abandoned. This rcverses the decision
OF the courts below. which ordered dismissal
OF the Governments bill. Justices Field. Gray,
Shiras, and White dissented.
Justice Pcckham, In his opinion, said the raso
presented two questions of Importance: Does
the Antitrust act apply to and cover common
carriers by railroads. II go, does the agreement
complained of violate any provision of that act y
The court finally holds: The question is one
OF law in regard to the meaning and effect Of tho
agreement itself, namely: Does tho agreement
restrain trade or commerce in any way 30 rs to
be a violation Of the acti We have no doubt
that 1t does. The agreement on Its face re-
cites that 1t Is entered into for the purpose
OF mutual protection and violation sub
Jccts the defaultng company to the payment
of penalty. While in force, and assuming II to
be lived up 10, there can be doubt that its
direct immediate. and necessary effect is to put
a restraint upon trade or commerce as described
in tho act We think the fourth section Of the
act invests the Government with full power and
authority to bring such an action as this, and III
the facts he proved an Injunction should issue,
"Thc decrees of the Court OF Appeals Of the
remanded."
The dissent opinion was announced by Justice
White. He said that the decision of the court
followed the letter Of the law which killeth
rather than the spirit which giveth life. Tho
ultimate analysis Of that decision was that there
must be no trade
An attorney who has been connected with the
litigation in its progress through the supreme
Court Of the United States speaking OF the effect
''It settles that the Joint Traffic Association
decision Of the Circuit Court OF Appeals in New
York on Friday last, sustaining the lawfulness
of that combination was erroneous; 1t will also
compel the dissolution OF all similar combina-
that the antipooling clause of the Interstate
acct acct Of he Ss ine
open whether manufacturing trusts can be
reached practically under the Antitrust law"
Railroad men were unwilling to express opin.
ions yesterday as to the effect Of the opinion of
citation case. the full text of the decision had
not been received. In the trial OF the suit
against tSe Joint Tfae s last snm
mer James c. Carter OF counsel for the associa-
tion referred to the decisions Of the lower courts
suit, but asserted at the same time that their
Association. The articles Of the latter as
sociaton have been held not in viola
ton of the Interstate Commerce law by Judge
Wheeler, sitting as Judge OF the United States
Court In this district, and his decision was sus-
tained last week by Judges Lacombe and Wal.
lace. The District Attorney will take appeal
to the Supreme Court, and Yesterdays decision
is regarded as Strengthening his side of the argu
ment. 1t is hoped that the case will be heard by
the Supreme Court not later than the middle OF
May. Under the articles of agreement of the
Joint Traffic Association the rate-making power
remains with the boards of directors Of tho
railways composing the association, as required
by the charters of many of them.