The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-26
Reviewed by Judge Dillon.

New DIRK, March 25.-PerhapS the
most thorough review of the decision
against the Trans Missouri Freight as
ISOLATION and the most concise state
ment of the effects of that decision was
made today by former Judge John f.
Dillon, himself a jurist of note Judge
Dillon said that he had the opinion of
the majority of the court in the case
but had rot seen the dissenting opin-
ion. He said:
Substantially three propositions
were decided by the majority:
"First-That the provisions of the
antitrust act, so-called. on which the
suit of the United States against the
Trans Missouri Freight association
was brought extend to and embrace
the business of interstate transporta-
ton by railways.
Second-That the particular agree
ment of the Is companies which consti
tuted the Trans Missouri Freight as
ISOLATION an agreement in restraint of
inter state trade and commerce, and
therefore violated the provisions of the
antitrust act. and
Third-That the United States has a
standing in a court of equity under
that act to -enjoin the violation of its
provisions in civil proceeding.
The heart of the antitrust act is the
language:
Section Livery contract, combina-
ton in the form of trust or otherwise,
or conspiracy in restraint of trade or
commerce among the several states or
with foreign nations, is hereby de-
clared to be illegal, and punishable
by fine and Imprisonment as a mis-
demeanor; and the circuit courts of the
United States are invested by the act
VIII rfr-fc, u nf-n
strain violations of it,
The case was argued in the supreme
court by the Encouragement on be-
half Of the United States and by
Messrs. Carter. Phelps and Dillon for
the association. The associations
counsel maintained that the antitrust
act, as shown by the congressional his
tory of its passage and its language,
did not embrace the subject of railway
transportation. They urged that the
inter state commerce act sO-called
passed in 1887, and amended from time
to time in respects in which it had
been found defective down to the pas
sage of the antitrust act constituted
a comprehensive and minute code of
railway regulation and that the anti
trust act was not intended to cover
the same subject matter, but was di-
rected against known coubina
name OF trusts, such as the steel rail
trust, standard oil trust, sugar trust.
whisky trust, etc, etc The inter-
state commerce act prohibits pools: but
1t was admitted in the case that the
trafhc agreement in question was not q
pool and did not violate any provisions
Of the inter state commerce act.
Continuing, Judge Dillon said.
L VIII not criticise or discuss tba !
OPINION 7
to state what it decides. On the first
point 1t decides that all combinations
"hlcn are IN restraint of trade or com |
MERGE are prohibited by the anti-trnst |
ACT whether IN the form of trusts or in |
any other form whatever, and that the /
ANTITRUST act covers, and in the opin |
on OF the majority of the court was
-ailroad ny
Then the next point decided nv tho
court Is that the particular agreement
winch Was before the court namely
ne agreement which constituted the
II ans Missouri Freight association
vas an agreement which violated tbe
lhu-trust act because, as held by the
'ourt, 1t was agreement IN restraint of
Idue OF commerce among the several
PRESTON.
1t was admitted in the case that j.,
,oint of fact rates established undar
ne agreement We're not unreasona HE.
Llso as stated above that lit did not es.
abiish pool either of traffic or of
arnlngs, and that each company was
Ell free to compete for and to get all
ne business it could: and it was also
omitted that there was no intention
III the BART OF the companies acting
nder It to violate the statute or To
ecure any other end than to prevent
ate wars and TO establish and main
ain rates. | cannot regard the de-
ision of the majority as holding anv-
hing less than railroad companies can
OF, under the antitrust act, make anv
greement except possibly with con-
Getting lines for fixing, or maintaining
ates for interstate traffic. even though
och rates are reasonable. and al
lough such incidental restraint as