The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-03-27
RAILROAD POOLS DEAD
THOUGH NOT FORMALLY DISSOLVED.
THEY ARE DOING No BUSINESS.
Decision of the Supreme Court Dis
cussed ant Conference of Lawyers
Views of Judge j. 4. Logan.

OF the Chicago, Milwaukee * St. Paul. a
meeting of the leading roads in the West
erh Freight Association was held for the
purpose OF discussing the recent decision
or the Supreme Court and it's probable
erect on the associations under which the
western roads have been working. B. +.
Aver, the general counsel of the Illinois
Central, was chosen chairman of the meet
ing. The conference lasted the entire after
noon and terminated in nothing as far as
action was concerned. No formal decision
was reached by the meeting and no an
nouncement was made. The meeting was
more for the exchange of views than for
any other purpose. 1t was agreed, how
ever, with few dissenting voices, tina the
decision would have the effect of doing
away with the Western Freight Association
as 1t Is at present organized. The form of
the agreement of this association is such
as TO bring it directly in conflict with the
Supreme Court decision, and the combined
opinion of the attorneys present was that
il cannot continue. The Western Passen-
ger Association agreement was not taken
up. but the decision made regarding the
freight association is sufficiently sweeping
10 include the passenger association. Both
are organized on practically the same lines,
1919 - CfC u 10 III tilt llAlO VI III ut-
cision the other must necessarily be SO. 1t
is likely that formal action will be taken
in a few days putting the Western Freight
Association out of existence in an official
sense. In d practical sense il is dead al
ready. There is no question but what both
the passenger and freight associations Will
be IN operation within a short time, but in
q form Inherent from that in which they
have been working up to the present time.
Opinions Were divided at the meeting yes
terday as To whether ii was most desirable
10 endeaVor to bring about such legislation
as Will allow the roads TO form associa-
tons similar to the Western passenger and
freight associations or TO continue the as
ISOLATION work In such d manner as to
avoid all conflict with the decision of the
Supreme Court. The general majority OF
those present favored the former plan, but
II did not get beyond a mere discussion.
Two more roads withdrew from the West
ern Freight Association yesterday. the
Rock Island and the Sioux City x Northern
being the members to pull out. The rooms
OF the association were practically, closed
al day ana no, effort was made to do any
thing beyond the merest routine.
Judge James A. Logan, general solicitor
of the Pennsylvania road, said yesterday
that the Joint Traffic Association was not
necessarily determined to be illegal by the
recent decision of the Supreme Court.
Senate George F.. Edmunds," said Judge
Logan, who has been the counsel for the
Interstate-commerce Commission in most
of it's important cases and is therefore es-
peeially well posted, has examined the con-
tract of the Joint Traffic Association and
pronounced it lawful, although he does re-
gard the trust act as applying to railroads.
cision of the Supreme Court in the trans
missouri case necessarily governs the Joint
Traffic Association, and / have read Judge
Peckham's opinion in fun. Only three
things were decided in that opinion of ma
teriaI homer First, that the ending by
agreement of the parties of the contract
not end the right of the court to inquire
into its validity. 1t is manifest that this
has nothing 10 do with the joint traffic
agreement. Second. that the Sherman
trust act applies to railroads. This is an
interesting deliverance. but as to the joint
agreement was entered into by some of the
leading lines with the belief that the trust
act did apply to railroads and that within
that act the agreement was lawful. The
third point decided was that the trans
missouri agreement did violate the trust
act apparently because the association.
rather than each company composing il,
was given the power to adopt rates. The
Joint traffic agreement gives no power to
the association TO adopt rates except
subordinate TO the continuing power of the
boards of the several companies. The
doubtful applicability OF the decision must
be apparent
You do not think, then, that the de-
cision Will have the same effect on the
Joint Traffic Association as on the West
ern Freight and Passenger associations? ?"
% that subject, of course. l cannot
speak. Ii seems to me. though, that the
Western roads were a little hasty in with
Already the Western roads are beginning
to take Independent action on rate matters,
though there mas not yet been any official
notice of the dissolution of any of the traf-
fc organizations. The Chicago, Milwaukee
& ST. Paul yesterday announced an open
one-way rate from Chicago to points in
Minnesota and North Dakota, also TO
points on the Hastings and North Dakota
division and north thereof. The individual
ticket rate is $1i; for ten or more, travelling
together. Sl2.95. and for twenty or more.
the regular Chicago-St- Paul charges added
to a rate Of $3.50 made by the lines out of
st. Paul. Tickets will be sold here March
80 and 81 and April 8. The Chicago q Great
Western celebrated it's severance from the
Western Freight Association by applying
the SO 1-3 per cent. reduction recently made
on shipments from Atlantic seaboard points
to St. Paul to all business originating east
of the Indiana and Illinois State lines. This
practically establishes a ~ cent basis, first
class. from Chicago to st. Paul.
The first of the expected breaks i'm
through freight rates as u result of the
peculiar position in which all railroads find
themselves without the binding influences
of associations has developed at Milwaukee.
1t was currently reported yesterday that
one of the aII-rail lines had given certain
Milwaukee shippers an 1S-cent rate, all rail.
10 New York on malt, which would be a
cut of . cents per one hundred pounds and
the same rate as the diferential across the
lake. For some time the through rate on
malt. grain. ETC.. has been 20 cents all rail
and is cents via lake and rail.
Yesterdays meeting of the Joint Traffic
Association board of managers was brief
and devoted to routine business. The de-
cision of the United States Supreme Court
in the transmissouri case was not discussed.
il was said. and no action in the matter
will be taken until the various roads in the
association have conferred with their coun-
sci. President Depew. of the New York
Central. has announced himself in favor of
a Dolicy of inaction until the excitement
created by the decision has died out. Mr..
DepeW is president of the board or control.
and his advice will probably be followed.
EIectricity for Steam.
The Illinois Central has decided to use
electricity in place of steam in its suburban
service. The cost of the improvement. it is
thought, will he between $500. 600 and 81. 000.-
600. The Baltimore & Ohio has the credit
of being the first road to utilize electricity
in the handling of trains. The Pennsylva-
MIA then took the matter up and is operat-
ing several short lines by electricity. The
New York. New Haven * Hartford is ar
ranging to use il on a more extensive scale
than has been undertaken by any railroad
company as vet. The Cincinnati, Hamilton
& Dayton company has all the plans and
specifications perfected for introducing II
on part of that system and for suburban
EDrXfRn and tho ChfE1UO RIlFilnRfnn A