Rocky Ford enterprise., 1898-10-27
COURT DECISIONS.
CORPORATIONS MEET DEFEAT.
Upit.d States supreme Court smsshss the
rramc Pool and the liiinois Supreme
Court Decides AEaiast the Pullman
Company.


Company.
Washington. Oct. 2i.-The United
States Supreme court to-day decided
the Joint Traffic Association railroad
ease In favor OF the United States and
against the railroads.
The case was considered one of the
most important that has ever come
from the Supreme Court, not only to
the railroads, but to the general public,
and because OF the vast railroad prop
critics represented by the traffic asso-
cation.
The association was formed Novem-
ber 10. 1895. by thirty-one railroads
representing the great trunk lines and
their network of branches. The pur-
pose Of the association, as stated In
The articles of agreement. was ITO es-
tablish md maintain reasonable and
lust rates. fares and regulations on
state and interstate traffic"
A similar association, on a similar
scale was formed among southwestern
roads. known US the Trunsmlssouri As
ISOLATION.
These associations were soon attack
I'd in the courts on the ground that
hey were In violation of the Sherman
inti-trust law and also Of the inter-
commerce law. The TrnnsmissOuri
irst reached the United States Su-
premc Court. where In II notable opin-
ON. the court held that the association
was illegal, being in effect, a combina-
lion in restraint of trade and COM
nerce and therefore violative Of the
snti-trust law.
This opinion was by divided bench,
The division being close, viz: Chief JUS
,ice Fuller and Justices Harlan. Brew
.r. Brown and Peckhnm holding the
traffic association illegal. while Jus
tees Field. Gray. Shlrns and White
died dissenting opinion upholding
the association. Soon nfter this decis-
ion, Justice Field gave place to Justice
McKennn.
Although the Missouri case was con-
sidered somewhat of test, yet the
Joint Traffic Association prepared to
make stubborn contest in support Of
its existence. The case against 1t was
begun January Z. 1896, In the United
States Circuit Court for the southern
district of New York, the United
States being complainant and the at
torney general directing It's course.
The ease went against the government
in the lower courts, the Circuit Court
dismissing the bill. and the Court OF
Appeals affirming the dismissal. The
government appealed to the united
States Supreme court.
An exceptionally brilliant arrfv Of
counsel appeared for the association
and several railroads. including eN-
Senator Edmunds, James @. Carter
and Z. J. Phelps. Solicitor General
richards filed the brief for the gov
ernment. The main contention of the
government was that the traffic agree
ment is a combination to prevent COM
petition, thus constituting contract
in restraint of trade or commerce.
The answer of the association main
tanned the legality of the agreement
on the ground that the vast needs of
that such action insures uniform and
just rates and prevents a secret and
unjust discrimination.
Justice Peckham announced the de-
csion. He said that the court could
distinguish no difference between this
and that of the Transmissouri case de-
cided one year ago, which was de-,
cided against the railroads. He said
the only new point involved was as
TO the constitutionality of the anti
trust act. ,
The court had reached the conclu-
sion that as railroad corporations per-
formed duties of semi-public charac-
ter it was within the constitutional
power of Congress to regulate them
as provided by the antitrust act. The
only question was as to the policy Of
Congress In adopting such n measure
and as to questions of policy, the
court. he said, had nothing to do.
The opinion, which was brief. was
concurred in by Chief Justice Fuller
and Justices Harlan, Brewer, Brown
and Peckham. Three justices dis
scented, namely. Justices Gray, Shiras
part in the case, as the prosecution of
the Joint Traffic Association was be-
gun while he was attorney general.
After Justice Peckham had an
nounced the opinion, Justice Harlan
verbally expressed with some evidence
of satisfaction his concurrence on the
same ground, he said, as that set forth
in the Transmissouri case.
Under the decision to-day the decis-
ions of the United States Circuit Court
for the Southern district of New York,
and of the United States Court of APP
peals. both of which We're favorable
to the Joint Traffic Association, are re-
versed.
Chicago, Oct. 24.-The Supreme
Court of Illinois decided to-day that
the action instituted by ex-Attorney
General Maurice 4. Moloney during
his term of office to compel the Pull
man Palace Car Company to restrict
its operations to charter limitations
should stand, and remanded the case
to the Circuit Court of Cook county,
where it will now be tried.
Ex-Attorney General Moloney had
contended that the Pullman Company
was Incorporated simply for the pur-
pose of making, selling and leasing
railroad and street cars.
His object was to compel the COM
pany to retire from the real estate.
gas, water, heating, brickmaklng and
other erterpriSes conducted by 1t Mt