The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-02-25
JOINT TRAFFIC HEARING.
A GREAT ARRAY or COUNSEL AP-
PEAR BEFORE SUPREME COURT
Is All IN the Interests Of the Big
shippers; That Railroad Agree

WASHINGTON. Feb. 2L-Ths supreme
court 81 the United States today oeg an
the hearing Ia the joint trarfe cas-. IN
whlcn the United Stales seeks to have
th- agreement or the paTt % ne thirty
or leading rca is 90 tne eeungrv. c0n-
sfitusln- she t-.fijc os@9t .af-ea - ;crnsd
Is i.ss declared null end voi1, ind Is have
tne association EEl'osnfd fTSsn operating
ua4esr tais agreement.
The case has proved 10 be the means
OF collecting the most foFmida BE array
OF the side Of the defense that has been
seen for many "A day. The Est included
ex-senator George f. Edmuads. Of Yer
mont, eX-Minister TO England f. J.
Phelps and Hon. J. {. Garter, Of New
j OK. each OF whom, il MAS announced
would speak. Solicitor General Richards
appeared for tho government. The time
Tor tLe Presentation OF the case was eN-
tended 80 as 10 give tbs counsel for the
railroads four hours. making six hours
Tor the entire hearing
ar. Richards opened. He depended
largely upon the decision Of the supreme
eD"4b ia toe Tfans-Missouri Freight As
soeidlIva case IS to the precedent in this
-. afs'As that there Was practically
10 difference between the agreement in
that case and the agreement Of th, ro,ds
association ''N
-i1- Rloaards was followed by Mr.. Carter
~ tla traffic association. He coutsnded
thal instead Of being in restraint OF trade
the JOINT Traffic Association asrearnarr
was actually intended 10 promot. trade
ana commerce lie argued that the regula
1.'ii u'o hot necessarily mean restraint.
anu tnat the word vas only used in ~
statute as applicable 10 IN jurio,fS restraint
UT. Garter drew the conclusion thar AZ
most the agreement was only a restrain,
uluH competition, and he said thai eoruue
duoa was only an incident to trade ana
nds hot Always essential To the prosperity
" uhae. IN competition the, mos, pow-er
lui shipper has the advantage Take ira
osahuafa OH Company. TOR instance; il
Was abe 70 command railroad rates under
the competitive system. and thus continue
10 increase its already large wealth. The
remedy tor these evils was found in ths
restraint OF competition which could be
accomplished ny an agreement like that OF
the Joint Traffic Association.
In conclusion. Mr.. Carter said that =
such agreement "a that Of the traffic asso-
elat4oh could not be enforced one Of three
things must happen.
Either All railroad TRANSPORTATION must
he abandoned, all the roads must con~oii-
ddte or al competing roads must b. found
u'ily Violating a criminal law.
IN other words" said Justice Brewer
iHtertup'ins. che railroads are TO b. ..v
pee;ed "a disooey The Law unless they are
showed 70 give \ bond to one another 10
obey R?'
In reply to this observation Mr.. Carter
said:
II IS possible 10 pat such obligations on
men mat II IS not possible for human
nature n observe them"
lie added he opinion that the railroad
mta "ef@ generally as honorable as any
olhfr class OF men Ia the country.
MI carter spoke for two and half
Aouts ho!linr tac coEIts attention uatu
the h3ur q Adjournment.