The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-26
AN ANTITRUST DECISION.

The supreme court of the United
States rendered, on Monday, a decision
that viii rank among the most import
ant ever given by it. The decision
determines the validity of what is
known as the Sherman antitrust law
unfolding it, and declares Illegal the
Joint Traffic association, railroad
combination whose object was to uD
hold rates. The same question came
before the court in the case of the
Trans Missouri Traffic association, and
that combination was declared to be
in contravention of the law. But the
eastern association claimed there was
an essential difference between it and
the Trans Missouri association. and so
took its appeal. The supreme court
says there is no difference between
them. The combinations have contin-
ued right along, and the law has been
openly defed, Notwithstanding the de-
cision in the case Of the western asso-
citation.
The railroads were represented by
most eminent counsel. ana they put
forth some very ingenious and plausible
theories-as that all contracts in re-
straint of trade are not necessarily
prejudicial to the public welfare; that
congress is without power to prohibit
generally such contracts, and hence the
present act is invalid. The learned
counsel expressed great fear that the
decisions would be far-reaching, and
render invalid most business contracts
or combinations, such as contracts to
maintain wages, partnership contracts
and the like. All such theories and ar
s,1ments the court swept aside as SO
many cobmebs. This makes quite
formidable list" the court said, but
n viii be observed that no contracts of
the nature described are now before the
court
Counsel for the association undertook
m cork the sympathy racket" on the
court TO employ a slang expression,
when they urged that the court should
reverse itself. because of the wide
erread alarm with which the Trans
missouri decision was received, and the
,o,.,ous. consequences which have re-
s,,lta5 or may soon result" But the
,,,,rr was unaffected by such argu-
-,ant That decision may have caused
..,,,fdespread alarm" among the roads
in the traffic combine. but it caused
none elsewhere.
The dangers that are to result from
mis- widespread alarm are very cas-
ilv obviated. and the way IS pointed
ont when the court says. that 1T is not
onIv possible. but probable, that good
sense ana integrity of purpose would
rravaii among the managers, ana While
,.,a1,,,,e no agreement and entering
i,,to no combination b. which the whole
,aiIroad interest as herein represented,
.,,o,,1d act as one combined and con-
solidated body the managers Of each
road might yet make such reasonable
heroes for work done by it as the
facts might justify"
The decision establishes that com
hines among railroads for the purpose
of keeping up rates are illegal, and that
congress has the constitutional right TO
legissate on the subject
This is a great triumph for the people
as against combined capital, in the
present case the greatest combination
of capital now possible.
The railroads. enjoying exceptional
,,,-i,,ileges and exercising the right Of
eminent domain. right Of sovereignty !
have sought to ignore and overrule the
very authority by which they exist. OF
a quasi public nature, their managers
have TOO often, have generally, it may
he said. proceeded on the theory that
they were purely private affairs, with
which the public had no concern, save
in business way. So far have they
proceeded on this theory that the peo-