The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-03-31
attached where the tangible property

attached where the tangible property
was located.
Washington. March 22.-The su-
preme court has decided the case of
the United States versus the Trans
Missouri Freight association against
the railroads. The opinion was rem
dered by Justice Peckhan and re-
verses the decision Of the court below.
and holds the antitrust law of 1890 to
be applicable to railroad tranSpOrta-
tion and the traffic agreement OF the
| pool illegal.
Justice Peckham reviewed the his
| tory Of the case and stated the con-
| illusions of the court In q few words.
He said that the bill had originally
been filed by the government for the
| purpose OF securing the setting aside
Of the agreement operating in the
Southwest which constituted the as
ISOLATION to fix rates Of transportation
to which the various roads constitu-
ting the pool should agree. The bill
was filed under the law known as the
Sherman antitrust act Of 1890. The
defendants had in their answer de-
MED the governments allegation in
respect especially to the point Of i'm
proper intent and upon these show
ings the case proceeded to hearing.
The court below decided that the
Sherman act did not apply to rail
roads, and therefore refused to sus-
tain the government. 1t was also
held by the lower court that even if
the act did apply the agreement was
not one looking to the unreasonable
restraint" Of trade. Continuing, JUS
tice Peckhe m said that when the case
was brought into the supreme court
the defendants had moved to dismiss
the appeal on the ground that the
freight associations had been dis
solved, leaving nothing before the
court, and also on the allegation that
the amount involved was not Sut1i-
the case in the Supreme Court of the
United States. These motions were
both overruled by the courts conclu-
sion, announced today. Justice Peck
ham said the mere dissolution of the
association did not determine the
ques ton, as there was still relief to be
had. Taking up the case on it's
merits. he said the court had reached
the conclusion that the Sherman act
does cover the question of railroad
transportation and an agreement be-
tween the various roads is within the
prohibition Of the act. Hence the de-
cisiOn Of the lower court, which was
favorable to the convention of the
railway company, was reversed and
the case remanded.
Replying to the objection that
there is no language in the anti
trust act which is sufficiently plain to
Indicate a purpose to repeal the pro-
visions of the interstate commerce
act which permit the agreement" the
opinion AYERS that the Interstate COM
merce act does not authorize an
agreement Of this nature. There is,
therefore, no repeal in the cases." it
says, land both statutes may stand
as neither is Inconsistent with the
other The opinion takes up the as
sertionS that the Sherman act was
aimed at only such combinations as
the Standard Oh company. the beef
trust, and says they were not the as
sociations controlling great combina
tiOns of capital which had caused
complaint at the time the law was
enacted, but that there were many
and loud complaints from some por-
tions Of the public regarding the rail
roads and the prices they were charg
ing for the service they rendered."
Stunning up on the point Of the appli-
cability to railroads, the court says:
While the statute prohibits ali
ordinations in the form OF trusts or
otherwise, the limitation is not con-
fined to that alone. All com binatons
which are in restraint of trade or
commerce are prohibited, whether in
the form Of trusts or in any form
whatever. We think after a careful
examination that the act covers and
was intended to cover common car
riers by rail-"
On the question Of the true con-
struction the opinion says: 1--WE con-
clude that the an THRUST act applies to
railroads, and that it renders illegal
all agreements which are in restraint
Of trade or commerce." 1t is further
held that the agreement in this case
was Of such nature as to constitute
restraint Of trade of sufficient mag
nitude to render it violation of the
act. "The effect was to restrain
trade, no matter wha t the intent was
on the part Of those who signed it.
1t was stated that the granting of the
injunction prayed for was not intend
ed to have retro active effect.
These are very important decisions
and will be far-reaching in their con-
sequences.
But they are nothing compared
with a decision made a week later.
We quote:
Chicago, March 24.-Every Western
freight pool association and combina-
tion having headquarters in Chicago
is apparently in condition approach
ing dissolution as 4 result Of decision
OF the federal supreme court declar-
ing all such pools to be in violation Of
the Sherman antitrust act. One
road, Atchison, has taken quiet &C
ton, and has served notice of with
drawal from all freight associations
OF which it has been a member. Be-
sides the Santa Fe, Burlington, Min
neapolis & St. Louis. Wisconsin Cen
trail, Chicago Great Western and sew
eral others are said to have already
forwarded notice Of withdrawal. No
notice of withdrawal from Western
Passenger associations or other pas
senger associations Of the West have
been given. There is hardly any
doubt that these also will have to 60
by the board. Chairman Ryerson, of
the interstate commerce commission,
has rendered an opinion that the
trans Missouri Freight Association
applies to passenger as we'll as freight
associations of every character.
This is a thunderbolt out of clear
Sky.
II Congress does not abrogate this
decision it will constitute history
making epoch.
For the first time since the con-
struction of railways we shall now
have competition in rates Of travel
and transportation. 1t means the