The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-04-02
MOVES TO ADVANCE
GOVERNMENTS COUNSEL IN The
JOINT TRAFFIC CASE.
Urges That the Hearing on the Govern.
ments Appeal be had at an Early Day
Similarity to the Trans-Missouri Case,
and the Effects of That Decision, Given
as Reasons for Speed-Joint Traffic Men
Claim 20 Prefer Pooling Law, Anyway
-Este-cutttse is Denled-other Rail-


way News.
Washington, April I'm the United
States supreme court Solicitor General
Conrad, acting for the government, en-
tered a motion to advance on the docket
the suit against the Joint Traffic asso-
citation, comprising the principal trunk
lines Of the country. In addition 10 set
ting forth the history of the proceedings
in the court below, the action gives the
reason for asking for advance, as fol-
lows:
The association is claimed by the
United States 10 violate, by its agree
ment Of association, the first and sec
ond sections of the so-cailed antitrust
act Of July 2, 1890, as well as the fifth
section of the so-called interstate COM
merce act of February 4, 1887, and also
to be an Unlawful interference with in
terstate commerce, irrespective Of any
statutory provision.
The agreement is believed to be il
legal under the principle of United
States VS.. Trans Missouri Freight asso-
ciation, decided by this court, March p,
1897, but 1 am informed that this is con-
tested by the defendants, or by some of
them, and that they will continue TO OPP
crate under their agreement until the de-
cision of this court in the premises.
The case being one of great import
ance, involving the right Of competing
railroad companies to combine for the
purpose of maintaining rates and pool
ing traffic, respectfully move this court
for an advancement Of the case 10 be
heard at the present term"
Mr. Conrad contented himself with a
formal presentation Of the motion, sug-
gestng the 23rd instant as the date for
the arguments.
Mr. James Carter appeared for the
traffic association. He announced con-
currence IN the motion to advance, say
ing that his clients were very anxious
to have the case heard before adjourn
ment for the summer.
The court announced through the
chief justice that the motion would be
taken under advisement.
POOLING LAW PREFERRED.
New York, April 1.-The Times this
morning says: Although the eastern
trunk lines and their western connec-
lions will continue to operate under the
Joint Traffic agreement until compelled
to cease from so doing by an adverse
decision Of the United States supreme
court, the railroad men, almost without
exception, are preparing for vigorous
campaign in favor of a pooling law by
congress. Chauncey NJ. Depew, chair
man of the Joint Traffic board of con-
troll, says that in a proper pooling law
lies the only solution of the existing
railroad troubles. The bill introduced
by Senator Foraker, he remarked yes
terday, was designed 10 enable railroad
managers to make necessary traffic
agreements and keep out Of Jail.
One result of the recent conference OF
railroad lawyers was 10 emphasize the
unanimity of sentiment in favor Of leg
lslation that will legalize pooling. The
presidents of some of the trunk lines
frankly avow their willingness TO have
the Joint Traffic association declared il
legal by the supreme court, because
they believe that the conditions thus
precipitated would force congress to pass
remedial measures without delay. The
Foraker pooling bill is satisfactory 10
most all of the railroad men, and the
members of the interstate commerce
commission as well.
That bill practically nullifies the anti
traffic contract clause Of the Sherman
antitrust law and gives the railroad
companies the privilege of making such
traffic contracts under the supervision
IF the interstate commerce commission.
Eastern railroad men believe that the
legisla ton on railway pooling would
have better effect on the general stua-
ton than a supreme court decision in
favor Of the Joint Traffic association.
Even the assurance of the legality of
the last named association would not
help the western roads, for the reason
that the first supreme court decision
killed their principal traffic agreement.
NOBODY CUTS RATES.
New York. April 1.-The Tribune
says: There is no sign Of an outbreak OF
'ate-cutting among the railroads as
result of the United States supreme
courts decision in the Trans-Missouri
Freight association case. c. D. Simon
son, general eastern agent Of the Atchi-
son, Topeka and Santa Fe railway. said
last night: 81 have been trying today
today to find out if rate-cutting has been
done in the east or the west. and have
failed absolutely to locate a single in
stance. l have received explicit instruc-
lions not to deviate from the published
tariff rate. no matter what our competi-
tors may do. 1t is my opinion, that,
80
associations, rates will be maintained,
but if they are reduced. it will not be
secretly, but by open tariff
Representatives of the Chicago. Mil |
waukee and St Paul and the Chicago,
Burlington and Quincy railroads said |
they had instructions from headquarters
to maintain rates.
BOOMERS FROM COLOMBIA.
New York, April ii. F. Cisneros. VI. |
p. Penn and E. D. Blum. commissioners |
Of the Colombian government 10 nego- |
tiate the Caucarial railway question at |
Washington, reached this city today on /
board the steamer Alliance, from Colon. |
BONDS DEFAULTED.
New York, April default has been /
made on the April coupon of the Wheel |
ing and Lake Erie first mortgage bonds |
Of 1896 and a protective committee is be-
ing formed in the interests OF the bond |
holders.
CLAIM AGENT FOULKS RESIGNS. |
Topeka. Kan, April To-day c. NJ.
Foulks resigned as general claim agent /
Of the Santa Fe, and W. ]. Ryus was
Immediately appointed in his place. Mr..
Ryus was assistant general claim agent