The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-10-29
THE SEATTLE Observation-Disclosures SATURDAY 1898
JOINT. TRAFFIC DECISION.
COMPLETELY ESTABLISHES RIGHT
TO REGULATE RAILROADS.
II Now Remains With Congress 10
Determine whether Open Com
petition Shall Follow or W beth r
Rates BE Established by Law.

WASHING TON. Oct 2s-So,ieiior Gen
erai John X Richards. who has charge OF
the governments side OF the J3int Trans
Association case before the supreme court.
said today.
The Sherman antitrust act declares He
gal every contract. combination III me
FORM or "a trust or otherwise. OF canspir-
acy IN restraint Of the trade or commerce
among the several states
TIE Joint Traaic ease clinches he deci-
sfoa % the fransmiSsoBrt case, aciGiHg that
The la8 applies - RAILROADS and prompts
all agreements III restraint OF interstate
trade or commerce. ~ add!l on u holds ex-
piicitly ;aat the law Is constitutional when
tnu5 applied. even - reasonable agree
mcnts iH restraint % trade
The conslitGtonalty Of the act was not
raised IN the .rans1issoGri case. but IN
the joint Traffic case Mr. Phelps directed
his entire argument TO this point, urging
that coz gresS could not declare Illegal and
prohibit reasonable contracts The free
dom OF contract guaranteed by the eonsii-
tuition forbade Il. lie Insisted The answer
Of the court III this was tnat the railroads
enjoy public franchises. fhey perform pub
lie service. and wnen engaged IL interstate
CONNER rec are sabJec; 10 the regulations OF
congress
W nat the ultimate result of the decision
viii be Il IS impossible 10 say Cases ~A.ca
ests hiIsA important principles usually AZ
feet. not simply courts. but legislatures.
in way one cannot foreSee. II Is CRAFTY
ing 10 believe that the sentiment Of the
people against injurious moDop0ites fads
legitimate expression through laws passed
by the representatives and upheld by the
courts. | am aware that competition de-
s;.oyS rates ard railroads. too. put never
sheiess there IS settled sentiment among
the people against railroad mon0pulies ana
III favor Of unres trained competition
Most OF the states, some in their con-
situations and SOME in their laws. have
prohibited the consolidation or competing
lines. The congressional interstate act
prohibited pooling. which is simply one
mode of preventing competition. and keep
iag up rates.
There are men OF thought who insist
that regulations aaou,d supplant Compel
ton. but the people do not think 80 yet.
Ia fact competition Is the recognized I'M
Gerlyiag bass 81 social and industrial ana
political life in this county Competition
goes along with freedom. with inGepend-
ent action The country was founded on
the principles OF liberty and equality. Its
founders sought 10 secure 10 every citizen
an equal chance under the lava fair
showing In the race Of life.
Under this decision II is left 20 open
competition 10 secure rcasona hleness in
rates II is true that the common law re-
quires thar rates shall be reasonable. SO
does the interstate commerce law. But
this is mere declaration and there Is no
adequate remedy 10 enforce the barren
right Congress has not given the inter-
state commerce commission power over
rates Il has relied upon competition 10
keep them fair. Watcher congress VIII see
iii 10 take the railroads on; OF The opera
lion OF the natural law OF trade. and for
independent com Pc tition institute govern
mental regulations. remains 10 be seeh