The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-10-25
AGAINST zee RAILROADS.


The lGint T'FamO Assoeiation DooloFodeb
be Illegal BY the o. 8. supFoms Colrt
An Importanl Doeision.
WASHINGTON, Oct. 2L-The United
States supreme court to-day decided thA
Joint ttafic association railway case n
favor Of the United States and against
the railroads.
The case Is considered one Of the most
important that has ever come before The
supreme court, not only to the railroads
but TO the general public ana because of
the vast railway properties represented
by the trafiic association. The aRsocia-
tIon was formed on November -, 1855.
by thirty-lne railways representing the
great trunk lines and their network oE
branches. The purpose Of the aS1ooln-
ton as stated IN the articles Of agree
ment was ito establish ana maintain
reasonable and just rates, fares rulea'
and regulations on state and inter-
state trahic." A similar association on Q
smaller scale was established amoag
southwestern roads, known as the Trans
Missouri association.
These associations were soon attacked
in the courts on the ground that they
were in violation OF the sher-
man anti-trust law ana aleu
OF the Interstate commercg
law. The trans Missouri dfst reaehed
the United States supreme court, Wheres
In notable opinion, the court held that
the association waA illegal, being IN ot-
feet a combination In restraint Of trade
and commerce end therefore vinlat4vo oe
the antitrust law. This opinion wa
by a divided bench, the divillop being
very close, viz. Chief Justice Fuller an0
Justices Harlan, Brewer, Brown ana
Peckham holding the tratnic association
illegal while Justices Field, Gray, Shirts
and White filed a dissenting opinion up
holding the association. Ston after thiB
decision Justice Field gave place to JUS
tIce McKenna.
Although the Missouri case was eons
eldered somewhat Of test, yet the joint
trahic association prepared to make Q
stubborn cuntest In support OF ltS exist
ence. The case against II was begun on
January 4, 1895, In the United States ctr-
cult court for the southern district Of
New York, the United States being COM
plalnant and the attorney general direot-
ing It's course. The case went against
the government in the lower courts, the
circuit court dIsmissIng the bill, and the
court OF appeals Affirming the dismissal.
The government appealed to the United
States supreme court. An exceptionally
brilliant array Of COUNSEL appeared for
the association and the several rails
roads, including ex-senator Edmundg,
James C. Carter and 3. j. Phelps. Snllc-
itor General Richards hled the brief for
the government.
The main contention Of the govern
nent was that the traffic agreement Is q
combination to prevent competition,
t1luS constituting contract In restraint
of trade or commerce. The answer OF
the association maintained the legality
Of the agreement on the ground that the
vast needs of commerce require Joint
action and that such action insures uni
form and Just rates and prevents secret
and unjust determinations.
Under the decision to-day the decis-
ions OF the United States circuit court
for the Southern district Of New Yorlni
and Of the United States court Of appeals
both of which were favorable TO the
Joint trahic association are reversed.