The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-04-07
70 ASK FOR A %REHEARING.
THE TRhNs-MISSoUR ASSOCIATION
CASE MAY BE REOPENED.

Ex.Judgo Dillon Preparing n Brief in Favor or
n Reargument-A statement from Hin
y. Eiiery Anderson Says REFLEX Must Ne
sourht by United EGorts in Congress.
Ex-JudRe John +. Dillon has given notice to
tho: United States Supreme Court that he de
sires TO file q petition asking for a rehearinx
Of the case Of the United states against the
Trans!Missouri Freight Association. He was
at work yesterday on the brief in supp ort of his
petition, and expects to submit It before tho
close of the prsrent term.
In exclamation of the attempt to secure q re-
argument Judge Dillon prepared the following
statement;
The conclusion reached by the court that
the antitrust act includes within its scope
and penal provisions reasonable as well as I'M
reasonable restraints Of trade or commerce 10
90 fnr-reaching and so destructive Of legitimate
business methods that It cannot in my opinion
permanently be maintained. Nearly all con
tracts more or less restrain trade. We must
have some guide or definition, and there Is no
other guido or definition, in the absence OF
specific legislative expression, possible except
tho one furnished by the common law, namely,
easonableness or unreasonableness under-an
the circumstance of each case. Take one Illus
~tration; nothing is moro clear than that a COM
bination Of laborers or employees Of a railway
to enhance. the price of their labor or.services
tends directly to restrain trade. After 400 or
500 years. experience In England under the
common law, under combination and conspir-
acy' laws making such combinations and con-
spiracies expressly penal (which laws have been
found unworkable and unjust and have been
net result in.that country is that combinations
on the part Of latorers to raise their wages ana
conversely combination on me e. paI' y hep neSi.
thor party intimidates or uses violence TOWARD
the other. The doctrine OF the court, based
80 ~ H-nAl ~ nDt1 nnu1nr Or nj thG AcI.
as announced in this case, is admitted in con-
fiici with the wise doctrine. of the.commonl law
experience Of England and; this country, and
is q doctrine not only novel, but one which, 10
ia, moreover. so extensive in its reach as to
be impracticable Of execution IN It's applica-
ton to the affairs and business Of men n, al.
was admitted that Il each company had made
the same rate It's action would have been legal.
And IL was held that an agreement simply TO
maintain such reasonable rates was illegal
and criminal: Such a doctrine would prove to
be unwo-kable. and is contrary to experience,
and could not In my opinion be maintained
Besides being one of the counsel for the
TrIns.Missouri Freight Association. Judge
Dillon is also general counsel for the Union
70 the Supreme Court decision. Receiver E.
on the subject. in which Mr.; Anderson says
that in his opinion the decision forbids the
Union racine 10 remain n party 20 any. aRree-
ments for determining freight rates by any
other law than that of free competition. He
says that he thinks the proper place for united
efforts to prevent unfortunate results to rail-
roads IL in Congress. AS to the desirability of APP
plying for q rearRument Mr.. Anderson says in
the letter.:
ut would be ACKNOWLEDGMENT to show that
the Court had overlooked any controlling de-
ciaion in reaching it's conclusion. 1t would be
impossible to show that II had misapprehended
any ract. because the decision is placed polely
upon its construction OF the meaning .of the
words as found: in the act. without any refer
once whatever to the facts. / do not, there
fore, sec that within the rules of the Court,
applicable to rearRument, there would be any
ground whatever for the motion. 1t is q sIngu-
lar fact that ten Judges. all men OF distin-
Ruished abilities. havs voted against the Pre-;
vailine construction, which Is only supported
by the yotea Of five, The ten adverse, votes
Wheeler, Lacombe,.. Wallece, White. Field.
Gray, and Shiras, so that tho whole policy
of this country In regard to the management
Of railway associations. and; for that matter.
tho management of any combinations Of capt.
tai in oil forms Of business. ara determined
by the vota of q single Judge of the Supreme
Court of the United states and in tho face of Q
large judicial majority which held the other