Rocky Ford enterprise., 1898-11-03
RESULTS OF THE DECISION.
John X. Richards Talks of Eneot OF
Joint Trnfnc Finding.

John N. Richards Talks or Enoce oi
Joint Tranhc Finding.
Washington, d. c.. Oct. 2s.-Solicitol
General John X. Richards, who had
charge of the governments side Of the
Joint Traffic Association case before
the United States Supreme Court was
questioned to-day, after he had an op'
portunity to read Its full text, as to
the effect of last Mondays decision OIL
the railroad interests of the country
Mr.. Richards said:
1.-The Sherman antitrust act declares
Illegal every contract, combination In
the form of trust or otherwise, or con.
spiracy In restraint Of trade or com
merce among the several states.' The
joint traffic case clinches the decision
in the transmissouri case, holding that
the law applies to railroads and pro.
hibits all agreements In restraint of
trade and commerce. In addition, II
holds explicitly that the law Is con-
stitutlonal when thus applied, even to
reasonable agreements In restraint OF
trade.
'The constitutionality of the act
was not raised In the transmissOuri
case. but In the joint ti.ifiic case. Mr..
Phelps directed his entire argument to
this point, urging that Congress could
not declare illegal and prohibit reason.
able contracts. The freedom of con
tract guaranteed by the constitution
forbade 1t. he insisted. The answer OF
the court In this was that railroads
enjoy public franchises, they perform
public services and when engaged in
interstate commerce are subject to the
regulations of Congress.
''What the ultimate result OF the dc.
cision will be 1t IL impossible TO say.
Cases which establish important prin.
ciples usually affect. not simply courts.
but legislatures, In n way one cannot
foresee. 1t is gratifying to believe tina,
the sentiment OF the people against in
furious m0nOpolles can find legitimate
expression through laws passed by
their representatives rs enforced by
the court.
II know II has been and Ia insisted
that competition destroys rates, and
railroads, too, hut nevertheless there is
settled sentiment among the pccplc
against railroad mOnopolles and In
favor of unrcstrained competition.
Most OF the states. some In their con-
stitutions and some in their laws. have
prohibited the consolidation OF com
petlng lines. Congress- In the inter
state act prohibited pooling. which Is
simply one mode OF preventing com.
petition to keep up rates.
'There are men of thought who In.
sist that regulation should supplant
competition. but the people do not yet
think 10. In fact. competition is the
recognIzcd underlying basis Of social
and Industrial and political life In this
country. Competition goes along with
freedom. with independent action. The
country was founded on the principles
of liberty and equality. Its founders
sought to secure to every citizen nn
equal chance under the lava fair
showing In the race Of life.
"Under this decision 1t is left to open
competition to secure rcnsonnbleness
in rates. II IL true that the common
law requires that rates shall be rca.
sonnble. So does the Interstate CON-
merce law. But this is n mere declara-
tlon. and there is no adequate remedy
to enforce the barren right. Congress
has not given the Interstate Commerce
Commission power over rates. 1t has
relied upon competition to keep them
fair. Whether Congress will see 1T to
take the railroads out OF the operation
of the natural law OF trade. and for In.
dependent competition substitute gov.
ernmental regulation. remains to be
sQpn"