The times. [volume] (Richmond, Va.) 1890-1903, 1897-03-23
TRAFFIC ASSOCIATIONS.
A SWEEPING DtCISIfON By THE
UNITED States SUPREME COURT.
The Trans-Mississippi Association vio>
lated tho Antitrust Ltws-Eaiis
road Men Much Exercised.

WASHINGTON. March ply a ma
jority opinion delivered by Justice Peck
ham. the Supreme Court Of the Unit "a
States to-day announced that the agree
ments between the Trans Missouri
Freight Association to maintain rates
was a violation Of the antitrust law
Of 1890, prohibiting contracts or comDina-
tons in restraint of trade. and must be
abandoned. This reversed the decision OF
the courts below. which ordered DIS
missal OF the Governments bill Justices
Field ShiTas and White dissented.
Justice Peckham said the case present.
ed two questions Of Importance.
Il Does the antitrust act apply 10 ana
cover common carriers by railroads
80 II so does the agreement conlpidlh-
ed Of violate any provision OF that act.
The court finally holds.
The question is one OF law I'm regard
10 the meaning and effect on the agree
met itself-namcly: Does the agreement
restrict tTade or commerce IN any
way so as TO BE- VOCATION
OF the act? We have no doubt
ttat il does. The agreement ON us
face recitos that it Is entered INTO LOT
the purpose OF mutual protection ana Il
violation subjects the deiaultlnB company
to the payne ut OF "A penalty. w ME i'll
force and assuming 1t to ue hved up TO-
there can be no doubt that us uli =.
immediate and necessary elect Is 10 put
"A restraint upon trade or commerce ~
described in the act. We think the tourih
section OF the act invests the boNeIh-
ment with full power and authority 10
bring such an action as TINS, ana II ihe
facts be proved an injunction should Is
sue. The DEGREES of the Court OF Ap-
peals and the Circuit Court must DE re-
versed and the case rcmanded
The dissent of Justices Field. Gray
Shiras and White was announced by the
latter. lie said. 80,
..'rhe decision Of the court followed the
letter of the law which killcth, rather
than tho spirit. which giveth life. The
ultimate ANALYSIS OF that decision was
that there must be no trade. ....
An attorney who was connected Wl'h
the litigation in its progress through the
Supreme Court. speaking OF the erect
Of the decision, said
1T settles the Joint Traffic Associa-
ton OF the eastern trunk lines IS Illegal
and that the decision OF the circuit Noul
OF Appeals in New York on Friday last
sustaining the lawfulness Of that com
bination erroneous. IL will also compel
tho dissolution OF all similar combinations
OF railroads holding. IN erect as IL uoea'
that the auti-pOOliug clause OF the inter .
state commerce act Is very much widened
By the antitrust act OF leN- IL leaves
tie question open whether manufacturers
combinations can DE reached pidcucd'y
under tho antitrust law
Railroad men Exercised.
CHICAGO. March 22.-Raiway officers,
especially those connected with dssocld-
tons. are greatly exercised over the de-
cision Of the United States Supreme Court
nndng IL .ate combination Il Voiati IN OF
the antitrust law The decision Is expect
ed 10 affect the organization OF the JOINT
Traffic Association. the Western Freight
and Passenger Associations, and the
southwestern Freight Associations. These
associations, to larger or smaller eX-
tent. remove the rate-making power from
the hands of the traffic officials or the
companies represented, especially in the
hands of the Board of Arbitration, par
t.cularly in the case OF freight rates.
Pools for the specific division OF traffic
among the roads interested are also
barred under the decision OF the highest
tribunal, and the effect that Is expected
to follow the important decision Is re-
organization Of these associations on lines
I'm conformity with the antitrust law.
The Trans-Mlssouri Freight Association
is no longer in existence, but the decision
is none the less effective The case was
originally brought to the Attorney-Gen-
eral of the United States on behalf of the
Interstate Commerce Commission. lie
proceeded under the antitrust law. Be
fore the case came 10 trial In Kansas the
association was dissolved, but the court
insisted on the case being brought 10 a
conclusion Judge Raines, Of the United
States Court sitting in Wyoming, dis
missed the case, being presented by
George b. Peck. general counsel for the
Santa Fo system. now with the St. Paul
road. An appeal was taken to the United
States Circuit Court of Appeals sitting
az 81. Paul. which upheld the decision of
the lower court, and 10 was this last APP
peal which was decided to-day.