Kansas agitator. [volume] (Garnett, Kan.) 1890-1905, 1897-04-09
KANSAS AalrA1ea GARRETT. KANSAS.

meanings at common law was supposed to make
this purpose clear.
CAT the common law each case of alleged
restraint of trade is considered OH its individual
merits. Agreements that to some extent may
restrain trade are not void unless the restriction
is broader than is necessary for the fair protec-
ton of the parties making it., or unless it is
manifestly unreasonable and unjust under all
the circumstances. In respect to corporations
doing business of public nature, it is held that
agreements between corporations are not in
valid as restraint upon trade SO long as the rates
charged the public are reasonable and just /;
that beyond this point the public is not inter
ested in contracts that may be made.
"But the supreme court tells us that, be-
cause the phrase restraint of trade is not linn
tied in the act as in the common law, it is all
embracing that it includes reasonable as we'll
as unreasonable restraints that because the
well-known boundaries are not enumerated in
the statutes which conferred federal jurisdiction
the law must be enforced with no boundaries.
The decision accordingly sustains the view that
has deliberately decided to prohibit all agree
and commerce, whether such agreements are
reasonable or the reverse
"Where does this take us? Although this
act may not be regarded as applying to rail-
roads only, except, possibly, such other indus
tries as may be carried on in one or more states
at the same time, similar acts are rapidly find
ing their place upon the statute books Of every
state, and construction may be expected to be
placed upon them by the local courts, accus-
toned to adopt the decisions of the supreme
court without hesitation, and being subject to
grave criticism if they do not. Under such
laws all agreements between insurance COM
panies upon premium rates are illegal all
agreements between competing manufacturers
which seek to enable them to obtain fair
price for their product all labor unions which
endeavor to maintain wages at Il living rate
all concerted action among farmers designed to
secure reasonable prices for their crops even
agreements among lawyers and physicians the
whole fabric of methods under which business
is to-day conducted falls to the ground, and at
least one-half of the citizens of the republic
are under the shadow of the penitentiariss.
"Thls is revolution with a vengence. Mod
ern methods and modern necessities are ignored
and overturned, and we are set back inconti-
nently 900 years.
Gan omission of fact may also be noted. 1t
is said that the transMssouri agreement, on its
face, restraints trade or commerce. The whole
agreement was in support of the interstate COM
merce law. 1t was so intended, and was SO in
fact Concerted action among carriers is in
dspensble in order 70 carry out the provisions
of that statute. More than 200 reductions in
rates were brought about through the agency
of the transMissouri association during its brief
existence Under his decision, what can the
railroads do =?
"One-They can do nothing, which will
presently bring chaos and ruin, not only
upon the railroads, but also upon the entire
business community To let matters alone
will surely sooner or later precipitate COM
merca panic, the like of which this country
has never experienced
"Two-the railroads can decline to make
further changes in their rates and refer all ques-
tions of that character to the interstate COM
merce commission. This in many ways would
be great relief to the railroads, but it is very
doubtful whether the commission could do the
work required"
LEwELLING got the contingent fund of the
railroad commissioners increased $4,000. Lew
cling is railroad commissioner. This is $500
tha Of he
fees and salary bill on the salaries of railroad
commissoners.-Ft Scott Lantern.
would like to know what evidence the Ian