The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-04-08
JOE ADYs WORK.
Tells Who Should Have the Credit of
the Transmissouri Case.

Wichita, April S.-There has been a
good deal said about who ought to have
the credit of working up the transmits
souri, case that was recently passed up
on in the United States supreme court.
Mr.. Ady a few days ago gave out an
interview at his home, a copy of which
he sent to a friend in this city. He
said:
1T is amusing to note the effort in
certain quarters to claim the credit for
having inspired my action or assisted
me in this now famous case. The only
inspiration / ever had with regard to
the matter was the knowledge gained
by long residence in Kansas that the
railroad companies had persistently dis
eliminated against the shipping inter-
estS of that state. There was a time
when it was considered a grave respon-
sibility, and. in some quarters, an
Odium rather than credit, to be con-
nected with this case found nobody
very anxious to divide with me at that
time The fact is that the only per-
son who ever gave me any assistance
in the preparation or trial of this case
was J. z. Howard of Wichita. Kan. He
collected all the facts on which the ac-
ton was based and afterwards acted
in the capacity in which a client uSu-
ally serves his attorney in matters of
his own concern. His efforts in this
respect We're unremitting, and gave me
that clear insight of the nature, work
ings and effect of the combine that en-
abled me to present the interests of the
public in a manner that has finally
proven so effectual.
IS R. Peters, my law partner at that
time assisted me in arguing the case
at Cheyenne.
The attorney general did not order
me to bring this suit, as has been gen
orally stated, nor did he ever give me
his opinion that the association was il
legal In answer to an application
from me for leave to bring the suit, he
simply said for me to bring it, if in my
Srrf1cr ? hon oh of
able He left the responsibility entirely
with myself. George R. Peck and
other railroad attorneys knew this, and
roasted me accordingly. never had
a scratch of a pen in the way of as
sistance from Washington or anywhere
else in framing the bill, preparing the
briefs or in the trial or argument of
the case at Cheyenne or at st Paul,
except as above stated. On the con-
trary I was severely let alone in GER
tain quarters from which assistance
might have been expected
When I left the United States at
tOrney's office, and, on account of fail
ing health, left Kansas, the case was
taken in charge by my successor, W. G.
Perry and he, together with the at
tOrney general, faithfully pushed II TO
a successful conclusion
The public does not fully understand
the tremendous effect of this decision
It is generally supposed to apply only
to traffic associations. On the con-
trary it will be found that the doctrine
of the decision covers all trusts. All
that is now necessary to establish the
existence of a trust and condemn as
criminals the members of the same, is
to prove that the association or COM
bine is intended to suppress competi-
ton in the production. sale or d1Str1bu-
ton of commodities in the interstate
commerce The public is no longer re-
quired to prove an injury, such as the
raising of prices, or rates, or any other
oppressive act. If it is once proven
that the purpose is to suppress competi-
ton the injury is presumed. 1t has
been determined by the highest tri-
bunal in the world that competition in
commerce and trade throughout the
United States is a right of the public
Trusts are henceforth outlaws, and if
they continue to exist it is because
public officers fail to perform a duty
that is now made too plain to be mis-
understood"