Daily Kennebec journal., 1898-10-29
WAR SITUATION,
Cabinet Pleased With Peace
Negotiations Progress.
Solicitor General Richards on Joint
Traffic Association Decision.
The President Registers by Affidavit and Will
Vote at Canton.

was enabled to lay before the cabinet.
To-Day, very encouraging reports from
Tafis regarding the progress of the
peace negotiations. The administra-
ton now fully believes the negotiations
Will be concluded much sooner than
was expected few days ago.
| 1t can be stated authoritatively that
the commissioners have not yet actu-
ally begun the discussion of the Phil
/ ippine question, and further, that it
viii not be taken up until next week
Since the Spaniaras have found that
the American commissioners mean ex-
actly what they say and that their
representations of the side Of the Unit
ed States is in reality an ultimatum
| the uselessness of prolonged debate has
become apparent to the Spaniards and
1T is believed that the Philippine dis
cussion will be considerably less pro-
| tracted.
The recent action of the United
States government in intimating that
the negotiations We're proceeding much
| too slowly had it's effect upon the
| Spanish commissioners and they are
not likely to debate propositions to the
length they did the settlement of the
Cuban debt.
1t is expected that the so-called mu-
nicipal debt Of Cuba will be paid by the
municipalities incurring them, for by
no reasoning is 1t supposed they will
be charged upon Spain. Our govern
| Inent, it is said in official circles, would
look upon an attempt at evading the
payments of such debts as reputation
and dishonest whatever government is
established in Cuba will be expected to
see that those obligations are carried
out in good faith.
Secretary Wilson brought up at the
cabinet session the fact that Gen
Blanco is still charging $40 head for
beef cattle going into Cuban ports con-
trolled by the Spaniards, while the
United States is admitting beef cattle
free of duty to ports controlled by the
American officials. The cabinet con-
cluded that it had no power at pres
ent to change this state of affairs and
that Gen. Blanco must bear the res
possibility forit. AS soon as the Unit
ed States takes possession of various
ports, however, this will be changed
Some of the ports near Havana will
be opened for the free entry of beef
SeltSlS tlHu otiitl lulIlSS anu lIldt may
result in benefit to Havana.
Solicitor General J. E. Richards. who
had charge of the governments side of
the Joint Traffic Association case be-
fore the United States supreme court.
and whose brilliant argument occupy
ing two days, has been the subject of
much favorable comment by members
Of tI<, ,,,I lo,
was questioned, today, after he had an
opportunity to read it's full text as to
the effect of last Mondays decision on
the railroad interests of the country.
Mr.. Richards said:
1.-THE Sherman antitrust act declares
illegal every contract in the form of
trust or otherwise, or conspiracy in re-
straint of trade or commerce among
the several states. The joint traffic
case clinches the decision in the trans
Missouri case holding that the law ap-
plies to railroads and prohibits all
agreements in restraint of interstate
trade and commerce, whether the re-
straint be reasonable or unreasonable.
In addition it holds explicitly that the
law is constitutional when thus ap
piled even to reasonable agreements
in restraint of trade"
The unconstitutionality of the act
was not raised in the Missouri
case, but in the joint traffic case Mr..
Phelps directed his entire argument to
this point urging that Congress could
not declare illegal and prohibit reason
able contracts. The freedom of con-
tract guaranteed by the constitution
forbade it, he insisted. The answer of
the court to this was that railroads en-
joy public franchises. they perform
public services, and when engaged in
interstate commerce are subject to the
regulation of Congress.
What the ultimate result of the de-
cision will be, it is impossible to say.
Cases which establish important prin-
ciples usually affect, not simply courts,
but Legislatures in way one can not
foresee. 1t is gratifying to believe that
the sentiment of the people against in
furious monopolies can find legitimate
expression through laws passed by
their representatives as enforced by
the court. l know it has been and is
insisted that competition destroys rates
railroads too, but nevertheless there is
a settled sentiment among the people |
dSdiIlSt TdIlTOdu IlOilopOIleS anu III |
favor Of unrestrained competition.
Most of the states, some in their |
constitutions and some in their laws, |
have prohibited the consolidation of |
competing lines. Congress in the in |
terstate commerce act prohibited pool |
ing, which is simply one mode of pre- |
venting competition to keep up rates. I
There are men of thought who insist I
that regulations should supplant COM !
petition, but the people do not think /
so yet, in fact competition is the recog I
nized underlying basis of social and in
dustrial and political life in this coun
try. Competition goes along with free
dom, with independent action. The
country was founded on the principle {
of liberty and equality It's founders
sought to secure to every citizen an
equal chance under the lava fair
show in the race of life.
Under this decision it is left to open i
competition to secure reasonableness !;
in rates. 1t is true the common law /
requires that rates shall be reasonable. I
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