The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-10-29
REGULATION MAY FOLLOW
The Victory of the Government Over
the Joint Traffic Association

Washington, Oct. 2s.-Solicitor Gener-
al John K. Richards, who had charge
of the government side of the Joint
Traffic association case before the su-
prene court, and whose brilliant argu-
ment occupying two days, has been the
subject of much favorable comment by
members of the supreme court bench
and bar, was questioned today, after he
had an opportunity to read its full text
as to the effect of last Mondays decis-
ion on the railway interests of the coun-
try. Mr. Richards said;
1.-The Sherman antitrust act declares
Illegal every contract, combination in
the form of trust or otherwise, or conspl-
racy in restraint of trade or commerce
among the several states The joint
traffic case clinches the decision of the
TransmisSOuri case, holding that the
law applies to railways and PROM bits
all agreements in restraint of Interstate
trade and commerce, whether or not the
restraint be reasonable; in addition, it
holds explicitly that the law is cOnsti-
tutiOnal when thus applied, even to
reasonable agreements an restraint or
trade.
''The constitutionality Of the act was
not raised in the TransmissOurt case,
but in the joint traffic, Mr.. Phelps di-
rected his entire argument to this point,
urging that congress could not declare
Illegal and prohibit reasonable con-
tracts. The freedom of contract guar
anteed by the constitution forbade it,
he insisted. The answer of the court to
this was that railroads enjoy public
franchises, they perform public services,
and when engaged in interstate COM
merce are subject to the regulations Of
What the ultimate result of the de-
cisiOn will be it is impossible to say.
Cases esta blishing important principles
usually effect, not simply courts, but
legislatures in way we cannot fOresee.
1t. is gratifying to believe that the Senti-
ment of the people against injurious
mOnopOlies can find legitimate express
sion through laws passed by their repre-
sentatives enforced by the court.
know it has been and 1t is insisted that
competition destroys rates and railroads
too, but nevertheless there is a settled
sentiment among the people against
railroad monopoIies and in favor of I'M
restrained competition. Most of the
states, some in their constitution and
some in their laws, have prohibited the
consolidation Of competing lines. Con-
gress' interstate act prohibited pooling.
which IS simply one mode of preventing
competition, to keep up rates.
There are men of thought who insist
that regulation should supplant compe-
utiOn, but the people do not think so
yet. In fact, competition is the recOg-
nized underlying basis of social and in
dustrial and political life of this coun-
try Competition goes along with free
dom with independent action. The
country was founded on the principles
Of liberty and equality. Its founders
sought to secure to every citizen an
equal chance under the lava fair
showing in the race of life.
competition to secure reasona bleness in
rates. It is true that the common law
requires that rates shall be reaSOna BILE.
So does the Interstate commerce law
But this is mere declaration, and
there is no adequate remedy to enforce
the barren right. Congress has not
given the interstate commerce commits
sion power over rates. 1t has relied up
on competition to keep them fair.
Whether congress will see fit to take the
railroads out of the operation of the
natural law Of trade, and for independ-
ent competition substitute government
al regulation, remains to be seen"
About one month ago my child. which
diarrhOea accompanied by vomiting
gave it such remedies as are usually
given in such cases, but as nothing gave
relief, we sent for a physician and it
was under his care for a week At this
time the child had been sick for about
ten days and was having about TWEEN
ty-five operations of the bowels every
twelve hours, and we were convinced
that unless it soon obtained relief it
Cholera and DiarrhOea Remedy was
recommended, and I decided to try it.
soon noticed a change for the better;
by Its continued use a complete cure
was brought about and it is now per-
fectly healthy.-C. L. Boggs, Stump
town, Gilmer Co., W. Va For sale by
all druggists.
By Otto Kuehne & Co. Gypsy Queen
is made,
A Topeka product of the highest
In homes Of rich. and poor alike, 'tis
seen,