The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-10-25
MEANS LOW RATES
Continued From First PAGE.

matters over which the combination extends
so far as the combination operates upon and
Restraints interstate commerce congress has
power to legislate and to prohibit The FRO
hibition of such contracts may in the judg-
ment or congress, be one of, the reaSona Bile
necessities for the proper regulation of COM
merce, and congress is the Judge of such ne
cesstty and proprtety, unless, in case Of pos
sible perversiCn of the principle the courts
may be applied to for relief. 49,. .
CONSTITUTIONAL RIGHTS.
Referring to the claims Of counsel
regarding the general constitutional
right Of the citizen to make contracts
and the extent of individual liberty I'M
der the fourteenth amendment, the
opinion says: ~
The citizen may have the right to make a.
proper that Is, lawful contract, one which
is also essential and necessary in carrying
out ms lawful purpose. The question which
arises mere is whether the contract is a.
proper or lawful one. We presume 1t will
not be commended that the right Of the citi-
zen to pursue any livelihood or vocation In
cIudes every means of livelihood whether
lawful or unlawful Notwithstanding the
general noerty or contract which is possessed
Dy the cltlzen under the constitution We find
Cnat there are more kinds of contracts which
while not in themselves immoral or mala in
Sc, may yet be prohibited by the constitution
OF the United States or in certain cases by
congress.
The question is, for us, one of power, only.
and not of policy. We think the mower ey
lists in congress and the statute is therefore
valid.
Justice Peckham deals finally with
the plea advanced that the court should
retrace its steps because Of ''the wide
spread alarm with which the trans
Missouri decision was received and the
serious consequences which have re-
suited or may soon result" After re-
viewing the care taken in reaching the
former decision, the opinion says:
And now. for the third time the same ar
guments are employed and the court is again
asked to recant it's former opinion and to
aeclde the same question in direct opposi-
ti9n to the conclusion arrived at in the trans
HlSSouri case AS we have twice already
deliberately and earnestly considered the
same arguments which are now for a third
hardly be expected that our opinion should
now change from that already expressed.
| we nave listened to the same arguments be-
| cause OF the eminence of the1counsel engaged,
| tnelr earnestness and zeal, their evident be-
| lief in the correctness of their position and
mo most important of all the grave nature OF
the question involved called upon the court
| to again give to those arguments respectful
| attention. -,
Referring the counseIts claim that
the only resort open to railroads to
save themselves from ruinous compe-
titlon IS that of agreements among
| themselves to check and control it.
Justice Peckham says:
Tne natural direct and immediate effect
| OF competition is to lower rates and to there
| Dy increase the demand for commodities, the
supplying of which increases commerce. and
| an agreement whose first and direct effect Is
| to prevent this plan of competition restraints
| instead OF promoting trade and commerce.
whether In the absence of an agreement as
| TO rates the consequences described by coun-
SCI VIII IN 1aef follow is matter of very great
uncertainty. Railroads may and often do
continue in existence and engage In their
lawful tratfic at some profit, although they
are competing railroads and are without COM
bination on rates.
RAILROADS HAVE RECOURSE.
Is not only possible but probable that
Sooo sense and integrity Of purpose would