The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-29
NEWS OF RAILROADS
GOVERNMENT SOLICITOR DISCUSS
les JOIN TRAFFIC. ASSOCIA-
TION DECISION
EFFECT IS FAR-REACHING

Ultimate Results Cannot Now BE
FOreseen-Gratifyi to Believe
That Sentiments of the People
Against Injurious MOnopoIies
Can Find Legitimate Expression
Through the Laws.
WASHINGTON, Oct. 2S. - Solicitor
General ]. K. Richards, who had
charge of the governments side Of the
Joint Traffic association aces before the
United States supreme court, and
whose brilliant argument, occupying
Two days, has been the subject of much
favorable comment by members of the
supreme court bench and bar, was
questioned today, after he had had an
opportunity to read it's full text, as to
the effect of last Mondays decision on
the railroad interests Of the country
Mr.. Richards said:
THE Sherman antitrust act declares
Illegal every contract combination in the
FORM OF trust or otherwise, or conspiracy in
restraint OF trade or commerce, among the
several states. The joint traffic case clnch-
es the decision in the Missouri case
holding that the law applies to railroads and
prohibits all agreements in restraint of in
terstate trade and commerce. whether the
addition it holds explicitly that the law is
constitutional when thus applied, even to
reasonable agreements in restraint of trade
The conStitutiOnality of the act was not
raised IN the trans Missouri case, but in The
joint traffic Mr.. Philips directed his en3ire
argument to this point, urging that congress
could not declare illegal and prohibit reason
able contracts. The freedom of contract
guaranteed by the constitution forbade it, he
insisted. The answer of the court to this
was that railroads enjoy public franchises,
they perform public services, and when en-
gagged In interstate commerce, are subjects
to the regulation Of congress.
What the ultimate result of the decision
will be, it is impossible to say. Cases which
establish important principles usually affect
not simply courts, but legislatures, in a way
one cannot fOresee. 1t is gratifying to be-
lieve that the sentiment of the people against
Injurious monopolies can find legitimate ex-
preston through laws passed by their repre-
sentatives as enforced by the court.
know it has been and IS insisted that compe-
tIt1On destroys rates, and railroads too, but
nevertheless there is a settled sentiment
among the people against railroad mOnopo-
lies and in favor of unrestrained competition.
Most Of the states, some in their constitutions
and some in their laws, have prohibited the
consolidation of competing lines. Congress
in the Interstate commerce commission act
prohibited pooling, which is simply one mode
OF preventing competition.
There are men CT thought who insist that
regulation should suDplant connection but
the people do not think so yet. In fact COM
petition is the recognized underlying basis
of social and industrial and political life in
this country. Competition goes along with
freedom, with Independent action. The cOun-
try was founded on the principles of liberty
and equality. It's founders sought to Sc
cure to every citizen AN equal chance under
the lava fair show in the race of life
Under this decision it is left to open COM
petition to secure reasonableness in rates. II
is true, the common law requires that rates
shall be reasonable. So does the interstate
ton, and there is no adequate remedy to en-
force the barren right Congress has not
given the interstate commerce commission
power over rates It has relied upon com
petition to keep them fair. Whether congress
will see fit to take the railroads out Of the
operation of the natural law of trade and
for Independent competition substitute gov
ernmental regulation remains to be seem"