The times., 1897-04-08
Ex-IUDGE DILLoN's VIEWS.
Takes Issue With Supreme Court in
Trans-Missour1 Case.

TFans-MjsSourt Case.
New York, April 7.-Ex-Judge John F.
Dillon has given notice to the United
States Supreme Court that he desires to
file a petition asking for a rehearing Of
the case OF the United States against the
Missouri Freight Association. he
IS at work on the brief IN support OF his
petition. and expects to submit it before
the close OF the present term. In eXplana-
ton OF the attempt to secure a reargu-
ment Judge Dillon prepared a statement
in which he said:
The conclusion reached by the court
that the antitrust act includes within its
scope and penal provisions reasonable as
wen as unreasonable restraints Of trade
or commerce is SO far-reaching and so
destructive OF legitimate business methods
that it cannot, in my opinion, permanently
be maintained Nearly all contracts more
or less RESTRAIN trade. We must have some
guide or definition, and there is no other
guide or definition, in the absence Of
specific legislative expression, possible ex-
cept the one furnished by the common law,
namely ACKNOWLEDGMENT unreason ableneSs
under al the circumstances Of each case.
Take one Illustration nothing is more
clear than that a combination OF iaborers
or employees of railway TO enhstnce the
price OF their labor or services tends di-
rectly to restrain trade.
After 4oo or 500 years experience in
England under the common law, under
combination and conspiracy laws, max
fng such com binations and conspiracies eX-
pressly penal which laws have been found
unavoidable and unjust and have been
swept away by parliamentary enactment,
the net result in that country is that com
binations OH the part OF lahorers to raise
their wages and conversely combinations on
the Part OF employers to lower wages are
alike legal where neither party intimi-
dates nor uses violence toward the other.
The doctrine of the court, based On the
broad and vague language of the act, as
announced in this case, is admittedly in
conflict with the wise doctrine Of the
common law, with the instructive Iegis-
lative and judicial experience Of England
and this country, and is a doctrine not only
novel, hut one which is unjust to all
parties and interests affected, and is,
moreover, so extensive I'm its reach as to
he impTacticable Of execution in its aTpli-
cation 10 the affairs and business Of men.
'sIn the Trans Missouri case it was an
admitted fact that the rates were reason
able. 1t was admitted that if each COM
pany had made the same rate its action
would have been legal. And it was held
that an agreement simply 60 maintain such
reasonable rates was illegal and criminal,
Such a doctrine would prove to be TN
workable, and is contrary TO experience,
and could not in my opinion be maintained
without essential modification
Besides being one Of the counsel for the
Trans Missouri Freight Association, Judge
Dillon is also general counsel for the Union
Pacific Railroad, and as such has conferred
with the receivers of that property in re-
gard to the Supreme Court decision. Re-
eeiver E. Ellery Anderson has wr<tten
him a long letter on the subject in which
Mr.. Anderson says that in his opinion the
decision f1rbids the Union Pacific to re-
main q party TO any agreements for de
ternining freight rates by any other law
than that Of free competition. lie saws
that he thin ks the proper place for united
efforts to prevent unfortunate results to
railroads i s in Con gress.