The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-10-25
AGAINST THE ASSOCIATION.
SJPREME COURTS DECISION AD-
VERSE TO TRAFFIC RING.

Antitrust Law, Inasmuch as Ii
Was Combination ia Restraint
of Trade and Commemorative JUS
tees Assent While Three Dissent
From the Opinion.
! Washington, Oct. 24-The United States
| Supreme Court to-day decided the Joint
Traffic Association railroad case in favor
of the United States and against the rail
roads
The case is considered one Of the most
important that has ever come before the
! Supreme Court, not only 10 railroads, but
to the general public. and because of the
vast railway properties represented by the
| traffic association. The association was
formed on Nov. 10, 1895. by thirty-one rail-
ways, representing the great trunk lines
and their network of branches.
The president of the association, as sta
ted in the articles of agreement, was TO
establish and maintain reasonable and just
rates, rules and regulations In state and
interstate traffic."
A similar association on a smaller scale
was established among Southwestern
roads known as the Trans-Missouri Asso-
citation.
These associations were soon attacked
in the courts on the ground that they were
in violation of the Sherman antj-trust
law and also the intercommerce law
The Trans Missouri case first reached
the United States Supreme Court, where
In notable opinion, the court held that
the association was Illegal, being in effect
a combination in restraint of trade and
commerce, and therefore violative Of the
antitrust law. This opinion was by di-
vided bench, the division being very close
| viz, Chief Justice Fuller and Justices
Harlan, Brewer Brown and Peckham
holding the traffic associat ton illegal, while
Justices Field, Gray, shiras and White
filed a dissenting opinion upholding the
association. Soon after this decision
Justice Field gave place to Justice Nc
Kenna.
Although the Missouri case was consid-
cred somewhat of a test, yet the Joint
Traffic Association prepared to make
stubborn contest in support of its exist
ence. The case against it was begun on
Jan. 7, 1896. in the United States Circuit
| Court for the southern district, of New
York, the United States being complain
ant and the Attorney General directing its
course. The case went against the gov
eminent in the lower court, 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
array of counsel appeared for the asso-
citation and the several railroads, includ-
ing ex-senator Edmunds, James c. Carter
and E. J. Phelps. Solicitor General Rich
ards filed the brief for the government.
The main contention of the government
was that the traffic agreement is a com
bnaton 10 prevent competition, thus con-
stituting a contract in restraint of trade
or commerce. The answer of the associa-
ton maintained the legality of the agree
ment on the ground that the vast deeds
of commerce require joint action and that
such action insures uniform and just rates
and prevents secret and unjust discrimi-
nations.
Justice Peckham announced the decis-
ion He said that the court could distin-
guish no difference between this case and
that of the Trans-N Missouri case, decided
year ago, which was decided against
the railroads. He said the only new
point involved was as to the constitu-
tionaIitv of the antitrust act. The court
had reached the conclusion that as rail-
road corpora tons performed duties of a
serni-public character il was within the
constitutional power of Congress to regu-
late them as provided by the antitrust
act. The only question then was as to
the policy of Congress adopting such
measure, and as to questions of policy,
the court he said, had nothing to do.
The opinion which was very brief, was
concurred in by Chief Justice Fuller and
Justices Harlan, Brewer, Brown and
Peckham. Three justices dissented, name
w Justices Gray Shiras and White. JUS
tice McKenna took no part in the case
as the prosecution of the Joint Traffic AS
socia tion) was begun when he was Attor-
ney General. After Justice Peckham had
announced the opinion, Justice Harlan YER
bally expressed with some evidence OF
satisfaction his concurrence, on the same
ground he SAID as that set forth in the
Trans Missouri case.
Under the decision to-day the decisions
of the United States Circuit Court for the
Southern district of New York. and the
United States Court of Appeals, both of
which were favorable to the Joint Traffic
Association are reversed.
Justice Peckham also announced the
courts opinion in cases against the Kan
sas City Live Stock Exchange, operating
in Kansas City and Western Missouri
The government prosecuted under the an
THRUST law.
Justice Harlan in a dissenting opinion
declared that such combinations were
rings or syndicates, which if extended to
oil sugar, salt, lumber and other staples.
would place the commerce of the country
under the control of few rings and syn
dicates.
The case of John Andersen, former cook
of the schooner Olive Pecker of Boston.
who was convicted of the murder on the
high seas of the master and mate of the
vessel was brought again to the Supreme
Court to-day on an appeal from the Unit
ed states District Court of the Eastern
district of Virginia.
The District Court denied the applica-
ton Of Andersens attorneys for a writ of
babeas corpus An appeal was taken to
the United States Supreme Court. To
day the court granted Andersen's attor-
news a hearing. which was set for Nov. T.
Wasp's Mistake.
From the Scientific American.
It is generally supposed that instinct I'M
! -..I.as hirala inennt. th1a h.a.t