Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-10-24
ANTI TRUST VERDICT.
RAILROAD RATE COMBINE is ILLEGAL


States supreme court today decided the
Joint traffic association railroad case In
favor Of the United States and agains,
The railroads.
The case was considered one Of the
most Important that has ever come
from the supreme court. not only 10 the
railroads. but 10 the general public. and
because OF the vast railroad properties
represented by the trafie association.
The association was formed on NovCm-
Der 10. 1896. BY u railways. representing
the great trunk lines and their net work
of branches. The purpose Of the assoc
citation ua stated In the articles %
agreement. wac To establish and main
tain reasonable and Just rates. fares
and regulations on state and Interstate
,ranc."
A Similar association on smaller
scale was formed among southwestern
roads. known ~ the Transmlssouri As
ISOLATION.
Thcse associations were soon attacked
IN the courts on the ground that they
wCru ln violation on the sherman anti.
trust law and also of the interstate
commerce. The TranHmlsaoufl nrst
reached the United states supreme
court. whore In a notable opinion the
court held that the association was u.
legal. being a combination IN restraint
uf trade and commerce and therefore
yl1lntlvc OF IN. antitrust law. This
opinion was BY q divided bench. the
division being very close, Via
chief Justice Fuller and Justice !iar-
Ian. brewer, brown and peckham
holding the tranic association Illegal.
while Justices Field, Gray, shiraa and
While MED a dissenting opinion. up
holding the association. Soon after this
decision Justice Field gave place 20
Justice kcnua. Although the Missouri
case was considered somewhat OF a tcrt,
yet the Join, tfaiic association prepared
70 make a stubborn contest Ia support
uf ita existence.
Tho case against Il was begun on
January !, iAsS In the United States
circuit court Tor the southern district
of New York. the United states being
complaint ana the attorney general
directing ~ course. The ,sse went
against the government In the lower
courts, the circuit court Diminishing the
| bill. and the court of appeals Affirming
the dismissal, The g0yCrnmCnt APP
/ poalcd 10 the United statcH supreme
court. An exceedingly brilliant array
Of counsel appeared Tor the association
and several railroads. lncluninT ra-Scn-
ator Edmunds, James c. Carter and v.
/ ]. Phelps
Solicitor GENERAL Richards nlcd the
brief Tor the government The main
| contention 81 the government was that
/ the trafilc agreement u a combination 10
/ prevent competition. thus lnEtituung u
/ contract IN restraint ~ trade or COM
mervc. The answer " the association
maintained the legality Of the Agree
/ mcnt on the ground that the vast needs
/ u commerce require Joint action and
that such action luHurca uniform and
/ Just rates and prevents secret and un-
/ lust discrimination.
Justice Pcckham announced the de-
| cislOn.
Ne said that she court could disiln.
| Eulsh 40 difference bt,Nern thla 4
/ the trans -MlHanur case decided a Year
uE1. against the railroads. lie said
/ the only new point Involved was b. the
consiliuuJnalhy % The trust act. The
/ cuurt had reached the conclusion that
~ railNad corporations performed
duty Of a Hcmi-publlc character u was
| wfihln the constitutional power 81
| Congress 60 regulate thrm a. provided
/ ~ the anh-trust act The auiy uuca-
ton was aH 10 the palcy 90 Clugrrss
IN adppilnF such measure, A. so
! question % policy tho court he said,
had nothlng 10 do. The option. which
was very brief. was c3ncurrrd ~ by
| chief Justice Fuller aud Justices IIar-
Ian, Brewer, Brown and Pcckham.
I way NhNNN anu W NAkN Us
pcir,ing Justice McKcnua took 40
! part ~ the case, as The prosecute II
she joint traffic association was bcgun
while he was attorney ~ neral.
After Justice prckhAm had an
nounccd the opinion Justice Harlan
verbally expressed with the same ovi-
deneo " satisfaction bis coucurNuee on
me same hn-a NJ aeI forth Ia tho
trans. Missouri case
Under the decision today ne denalon
OF fhe united States circuit court for
the southern district u New York. and
az The United States court 81 appeals
npth OF which We're favorable 20 the
lo,ht lraiiie association are reversed
Justice Peckham announced The
courts opinion In cases against she
hhfAAa city Live Stock Exchange
operating AZ Kansas city ana western
Ml.spurl, The government prosecuted
under the antitrust laws. The su.
IRENE court holds that the ass1clat. "a
uocH not come under the aDSl-ttuat
Jaw, Justice Harlan IN a dlssali az
opinion declared that such comblna-
IONS were nngH or syndicatea. which 4
attended % oil, sugar. san. lumber and
osher staples would place tn csnmerc
ana syndlcates