The Lamar register., 1898-11-02
RzsuLrs oF Lee DECISION.
Sshn X Richard. Talk. OF Enee, of
joint Tranie Finding.

washington, II. C.. Oct Is. Solicitor
Seherai John X. Richards, who had
eharEe OF the governments side of the
Joint Traffic Association case before
the United States supreme Court. was
questioned to-day. after he had an on
poFiunity to reed its fun text. as Ia
she ettect Of last Mondays decision on
the railroad interests OF the country.
Air. Richards said;
The sherman antitrust act declares
illegal every contract, combination In
the form OF trust or otherwise. or con.
spiraey In restraint OF trade or com
ulerce among the several states The
Joint rrutiic case cllnches the decision
iu tile irauSulisSoiri ease. holding that
tue law applies 10 railroads and pro-
hihits aH agreements Ia restraint OF
tlane Hud eutEEn"rce In addition. il
hoins explicitly shat the law j. CON
stltntioual when thus applied, even q,
reasonable agreements In restraint Of
trade
The consiitutionalIty Of the nc,
was not raised in the traR~uIiSsouri
c1sc. but Ia the joint -. iiic case. NJ
Phelps directed his entire argument 10
this point. urging that Congress could
not drrl1Fr illegal and prohibit reason.
abir cuntrurt~- The freedom OF con
tFstt guaranteed hy the constitution
icrtade u. he insisted lhe answer Of
/ the court In this wns that railroads
enjoy public franchises they perform
I putlie services aud when engaged in
Interstate romnrrce are subject TO th,,
regulations ~ Congress.
What the ultimate result Of the de-
cisiuu VIII he Il j. Impossible 90 any
CnSrs which establish Important prIu.
ciplcs usually affect. not simply courts
Z bur legislatures, IN n way one esinnni
fprese',. II s. gratifying TO believe that
the sentiment OF the people against In.
Jnrious mpuopoileS eau ind legitimate
expression through laws passed by
their representatives rs enforced by
/ the court
= know Il has been and is insisted
I that competition destroys rates. and
railroads. too. but nevertheless there i
settled sentiment among the people
against railroad mon0poliez aud Ia
Z favor q nnrtstrained competition.
I Most u thf. states. some In their con
siiiutiSu- ami some Ia their laws. have
/ prohibited the consolidation % com
/ tstlnE lines Congress IN the inter
state act prohibited pooling which u
/ simply one mode % preventing com
Petition 10 keep up rates.
Th-rr Hrr men Of thought who In.
sisi that regulation should suppiant
competition. hn, the pcople do not yet
think ~. In fact. competition i the
recognized underlying lasis of social
and Industrial and political life in this
country. Competition goes along with
fre,tom. with independent action. The
country was founded on the principles
% liberty and equality. Its founders
sought 10 SEIZURE 20 every citizen an
equal chance under the lava fair
showing in the race " life.
Under this decision Il Is left 10 open
competition to secure rrasonahlenesS
Ia rates, IL l. true that the common
law requires that rates shall h. ren-
sanAtie. So does the Interstate com
msrcr law But this Is q mere declara-
tlOn. and there Is no adequate remedy
70 enforce the barren right Congress
/ has not given the Interstate Commerce
! Commission power over rutcs- IL has
/ relied upon competition to keep the g
fair Wheeler Congress win sre ~ 10
take the railroads out OF the operation
| 81 the natural law OF trade. and FOR In
depsndent composition substitute gov
rrumcuinl regulation. remains 10 bc
seen-'