The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1898-10-29
VIOLATES NO LAW.
Supreme Court Says Kansas City
Live Stock Exchange Is Legal.
ID Docs Not Come Undsr the Antitrust
law. Being Only an Aid TO Intsrstats
Assoota ation-Joint rranis Assocla-
tiou Knocksd Ont

Washington, Oct 25.-The supreme
court yesterday handed down an opin-
ion In the case against the Kansas City
Live Stock exchange. The govern
ment prosecuted under the antitrust
law. The supreme court holds that the
association does not come under the
antitrust law. Justice Harlan. in u
dissenting opinion, declared that such
combinations were rings or syndicates
which, II extended to oil, sugar, salt,
lumber and other staples, would place
the commerce Of the country under the
control of few rings and syndicates.
The association Is carried on at the
Kansas City stock yards. partly in
Kansas and partly in Missouri.
Its members receive shipments of
cattle from Nebraska, Colorado, Tex
as, Missouri, Iowa, Kansas and the
territories, selling them to the large
packing-houses, particularly in Chi
cago, St. Louis and New York. The
lower court ruled against the ex-
change, on the ground that 1t was q
combination in restraint Of trade.
Justice Peckham's opinion, in whcih
all the court except Justice Harlan
concurred, reverses the lower court
and upholds the legality Of the asso-
citation. The opinion states that the
Kansas City exchange is merely local
aid to interstate association. Because
the cattle themselves come from vari-
Gus states 1t does not follow, the opin.
ion states, that all persons performing
any service connected with them are
engaged In interstate commerce.
A similar ruling was made In the
case Of the United States against ]. G
Anderson and others, involving the
Kansas City association known as the
"Traders' Live Stock exchange" In
this case, also, the court upholds the
association upon the ground that II Il
purely local and not engaged In inter
state traffic within the meaning of tn,
antitrust law. Justice Harlan sale
that II this particular combination
was not one in restraint of trade, ther
1t was impossible TO find one.
BLOW to the Joint rranio Association.
Washington, Oct. 95.-The Unitet
States supreme court yesterday decided
the Joint Traffic association RAILROAD
case In favor Of the United State
against the railroads. The case is con
sidered one of the most important tina
has ever come from the supreme court
not only to the railroads, but to th,
general public, and because OF tn
vast railroad properties represente,
by the traffic association. The as
sociation was formed on November 10
1895, by 81 railways, representing tn
great trunk lines and their nework O
branches The purpose OF the associa
tion, stated In the articles of agree
ment, was ito establish and maintain
reasonable and just rates, fares, an,
regulations on state and interstat
traffic. A similar association. on
smaller scale. was formed among south
western roads, known as the Trans
missouri association. These asso
Citations were soon attacked In tn
courts on the ground that they wer'
in violation of the Sherman anti-trus
law and also Of the eintercommerce law
The Transnissouri first reached tn
United States supreme court where, II
a notable opinion, the court held tina
the association was illegal, being Il
effect combination in restraint O
trade and commerce, and therefor
violative of the antitrust law.
Justice Peckman announced the de
cision. He said that the court coul
distinguish no difference between thi
and that of the Transmissouri cas-
decided year ago, which was decide
against the railroads. He said th
only new point involved was as to tn
constitutionality of the antitrust act
The court had reached the conclusio
that, as railroad corporations pei
formed duties Of a semi-public eharat
ter, 1t was in the constitutional powe
Of congress TO regulate them as prt
vided by the antitrust act. The onl
question then was as to the policy G
congress in adopting such measure
and as to questions Of policy the courI
he said, had nothing TO do
Il