The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-31
In IS NOT A COMBINE.
Attorney General Crless Gives an Import
ant Opinion.
RAILROADS HAVE NOT FORMED A TRUST
They Have . Right 20 Change a
CInssifcatfon-Shipp Must Ap-
peal to the Commission.


General Griggs returned to the interstate
commerce commission the transcript OF
the evidence taken at the hearing before
the commission last week in the matter
OF the new freight classification, with a
view to action by the attorney general
under the antitrust law, II his Judgment
warrants the same.
The attorney general. after reviewing
tho case at length. says: obviously these
are matters for the consideration of the
interstate commerce commission, A rail-
road company may raise Its rates to an
unreasonable point 1t may discriminate
among it's shippers. 1t may charge more for
a short haul than long haul, but none
OF these facts, however unjust and wrong
full, amounts to violation OF the anti
trust law. To authorize the attorney gem
eral to direct an Injunction proceeding un-
der this law It must be shown that there
is a contract, combination or conspiracy
In restraint OF trade or commerce against
the several States. In the first place, there
is no contract, combination or conspiracy
shown. There is consultation by repre-
sentative railroad men in committee re-
speeding suggested changes In classified
ton. There is subsequent Independent &C
ton by railroad companies in the adoption
OF the new classification recommended by
the committee. The testimony taken does
not show that any railroad company act
ed under coplpuson OF combination in
adopting the official classification. 1t must
he conceded that common classification
by railroad companies operating in the
same territory Is desirable thing WIN
1t be Insisted Tint railroad companies can
not consult respecting freight classified
ton? Or that because one railroad COM
pany adopts a certain classification, an
other can not? The antitrust law says
there must be a contract or combination
or conspiracy This must be shown. And
1t must be shown TO restrain individual
action. This is not shown in the testimony
submitted.
Moreover there must not only be a
contract. combination or conspiracy, but
1t must be in restraint OF interstate con-
merce. AS applied to carriers, this means
n combination to suppress competition. Ii
Is only by suppressing competition and
arbitrarily fixing rates that restraint car
be put upon inteptate commerce The
fling OF an official classification does moi
fix the rates. 1t places articles IN certain
classes. but the rates for the classes are
determined by tho railroad companies out
side the classification. II railroad COM
pany maintains the existing rates, the
change OF an article from a lower to a
higher class will increase the rate, but
| from aught that appears in this testimony
every railroad company using the CLASH
ncation is at liberty at any time TO
change the existing rates upon giving no
| tice each railroad company Is free to take
any article out of the existing classification
by making a commodity rate. In other
words. no suppression of competition, no
arbitrary fixing of rates no restraint OF
Interstate commerce. is shown
THE Transmissouri and Joint Traffic
association cases afford no precedent for
the action required in this case. Each OF
those associations was formed by con
tract, under which the companies selected
central authority 10 fix and maintain
rates. There was an abeoltSe suppression
OF competition. Tho power of independent
action was destroyed. No company could
change rate fixed by the managers OF tn 10
association without subiectlng itself to a
| penalty. II tho testimony submitted
showed a combination among the railroad
companies 10 restrain commerce among
the several States ! would not hesitate "a
Invoke rho remedy provided by the anti
trust law. but to take such action upon
the face Of the facts submitted wopld
not only be futile, hut absurd II there be
remedy for the complaining shippers. IL
lies In an appeal to your commission under
the interstate commerce law"
NO ADVANCE.