The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-25

and commerce. and when the trade Is
between states such commerce becomes
what Il described as interstate and
comes. to a certain extent. under the
jurisdiction Of congress by virtue of its
power to regulate commerce among the
several states. When the grantees of
this public franchise are competing
railroad companies for interstate COM
merce we think congress is competent
to forbid any agreement or commission
among them by means of which compe-
tition Is to be smothered.
I'VE think IL extends at least to the pro-
hibition of contracts relating to inter-
state commerce which would extinguish
all competition between otherwise COM
peting rail road corporations. and which
would In that way restrain Interstate
trade or commerce.
I'VE do not think that when the grant,
ees of this public franchise are compet-
ing railroads, seeking the transportation
of men and goods from one state to an
other. that ordinary freedom of contract
In the use and management OF their prop
erty requires the right to combine as one
consolidated and powerful association for
the purpose of sitting the competition
among themselves. and Of thus keeping
their rates and charges higher than they
might otherwise be under the laws OF
competition. And this Is so. even though
the rates provided for In the agreement
may for the time be not more than are
reasonable. They may easily and at any
time be increased. IL is the commission of
the large and powerful corporations. COW
0uenc,rg trado ,hro,,ah ,ha ,.aa,. ax.an,
theraof ana ac,,n. as on. 49,, a., an ,h
matters over which the commission ex-
tends, that constitutes the alleged evil.
and in regard to which so far as the COM
mission operates upon and restraints inter-
,~s.,.. - rS - ip,'.
snch oor,raa,r .,,sn
congrass he oro 20 -. r,'..,,,oh,e ,,.Ds.st
tics Tor, ~. nro,,ar as,,,,a,,n,, 80 ae,,u.oro'
and congrass ,s ,ha s,,a..a 20 .,,o,, .,aaas.,
tv ara nronrio,, 'nIess a. - "a =
ro.s,hia sross r.,,.osa,e,, :, a. ..-,.o,.,r
,ha oo,r,. ,h. - ,is g.. -
uat >. N''e"' "e "pp"'" W '''
p.farr,no ,o ,ho o,.,,,. ~, ,o,,,,so, ~
garding ,ho anara, nn..s,,,,,,,o,.a1 -,
oS the c,,,zers 80 r,aIa non,rao,s "a sho
extent ~ indi,,,d,aI ,,t,r,,, ,,nser ,h" ,aah
amendment tbe oninion ssvs.
..Tbe cit,zen ,,,,y haya a r,,h, 20 x,,aLo
q nronsr I,ha, g. ia,t,,,, ooa,ra,, a,,o
,,b,ch ,s aIso ossan,ia, "a ,assa A.
90 rr,,,n. o,,, h,s ra,.,si v,,,.', ,rt- -,
Ito, ,rhioh arisas - a. ,,ho,h.. -. - :
,rac, 4. !, nrooa- "a ,,.si - W., -
su,,a 90 III, - oor,.asas .ha, ar. IL.
~ ,ha c,.,zar g. o,,,s,,S 60, i,,.o,,hoaa ~.
tVaal alraAA 1t
hood n,ha,har ie,,ai ~, sria,,',,,i No,,',th
s,and,rg the .e9sraI ,Ihar,,, 80 ,on,ran,
n,hich q aossessad b., ,ha o,,,.o,, -.
the copstitution we and ,hat thare ore
,nar,, Linas 90 oon,rao,s ,,hioh LIN -.
,n tbemseiyes inn,orai or .ma,a in se !,
NAV VET be prohibIted by the leg,slation
- ~ .... - a. o,.,at - - -
grass Tha ouos,,or g. Co. ,,s ons 90 nov,ar
only ard No, one 30 roI,c,, W. th,nL ,ha
mower rests In congress ana the statu,a A.
tberefors yoijd
J,,stico paclhhr deals sna,,,, NTH ,ho
nlea adyanced tina, the court sbouid 70
tracs Ire stsns bacausa ~ "tha ,,iaasnrasd
alarm with which the Trans- AJjssouri a.
cision was received and tha serious con.
saonanca. ,,,hIch ha,a ras,,i,ad 90 ,oa,,
soon resuIt -
A,,ar ,o,,ou,,,, the oaro ,aLor a.,
reaching the former decis,on tho oninion
savs.
land NON, for tho third time the samo
aryumants are emnIoyed and The CON-, a.
agaIn exnected 70 racant Ire former onin-
ION and 10 decide tbe- anne ouestions in
direct onnosition 20 ~ .c,usIons arrived
n, Tn ,ha Trans-Nr ~ A., me- 49,
,u,ico aIraad, "A ma oa,ras,I,,
considered the sa,. nts which are
no,, Tor n third ,i,, "A ,,nor o,,r at
tan,,an =, no,,id har, hs .Spec,ad ,ha,
our oninion should now change from tbat
airaady axnrossed we ba,,s Iistansd 20 ,he
sap,a aroumapts because the enIpenca of
tba counsel engaged their earnestness
and zeal their evident belief I'm the cor
rectness Of their nroposition. and most of
Ali The grave nature Of the questions in
yolved called unon the court again IN
Give these arguments resnectful attan-
tion -
Rv coincidence two other oninion. re-
,a,iny 20 tha anti-trns, law were handed
down to-day bv Justice Peckham. In the
csse n, the Irnited states against Henry
HonLins ana others the governmen,
StocL axcbapga from, CARRYING ON its btiS