The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-31
GRIGGS RETURNS
The TRANSCRIPT
Does Not Think Railroads Have
Violated the Law.
NO CONTRACT WAS SHOWN
A Violation of the Antitrust Law Must
Be Contract, Combination or
Conspiracy Formed to Sup
press Competition.
NO CON TRACT WAS SHOWN

Washington, December 30.-Attorney Cen
eral Griggs today returned to the inter-
state commerce commission the transcript
of the evidence taken at a hearing before
the commission last week in the matter of
tho new freight classification, with a view
to action by the attorney general under the
antitrust law if his judgment warrant the
same. The attorney general, after review
ing the case at length says:
OBVIOUSLY these are matters for the con-
sideration of the interstate commerce COM
mission. A railroad company may raise its
rates to an unreasonable point it may dis
eriminate among its shippers, 1t may charge
more for short than long haul, but none
of these facts, however unjust and wrong
full, amounts to violation OF the antitrust
law.
ITO authorize the attorney general to di-
rect an injunction there is contract
combination, or conspiracy in restraint of
trade or commerce among the several
states
In the first place there is no contract,
combination or conspiracy shown. There is
consultation by representative railroad men
in committee respecting suggested changes
pendent action by railroad companies in the
adoption of the new classification recon-
metlded by the committee. The testimony
taken does not show that any railroad
company acted under compulsion of a COM
bination in adopting the official classical
tion. 1t must be conceded that "a common
classification by railroad companies operat-
ing in the same territory is "a desirable
thing. VIII it be insisted that railroad COM
panies cannot consult respecting freight
classification? Or that, because one road
adopts a certain classification another can
ffot?s The antitrust law says there must
be contract, or combination or conspiracy.
This1must be shown. And 1t must be shown
ito RESTRAIN individual action. This is not
shown In the testimony submitted
fyy nc Combination or Conspiracy
b,Moreover, there must not only be a
gnntract, combination or conspiracy, but 1t
must be in restraint of interstate COM
meree. As applied to carriers, this means
a combination to suppress competition.
1t Is only by euppressng competition and
arbitrarily fixing rates that a restraint can
be put upon interstate commerce. The
filing of an official classification does not
fix the rates. 1t places articles in certain
classes but the rates for the classes are
determined by the railroad companies out
side the classification. If railroad COM
paDy maintains tno existing rates the
change of an article from a lower TO a
higher class Will increase the rate but
from August the papers in this testimony,
every railroad company using the classif-
cation is a liberty at any time to change
the existing rates by giving the notice re-
quired by the interstate commerce act.
Moreover, 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 compe-
Triton, no arbitrary fixing of rates, no re-
straint of interstate commerce, Is shown
''The trans-Missouri and Joint Tariff as
sociation cases afford no precedent for the
action requested in this case. Each of those
associations was formed by a contract un-
der which the companies selected central
authority to fix and maintain rates. There
was AN absolute suppression of competition
The power of independent action was de-
stroyed. No company could change a rate
fixed by the managers of the association
without subjecting itself to a penalty.
IF the testimony submitted showed a
combination among the railroad companies
to restrain commerce among the several
states l would not hesitate to invoke the
remedy provided by the antitrust law but
to take such action upon the faith of the
facts submitted would not only be futile,
but absurd If there be a remedy for the
complaining shippers, it lies in an appeal
to your commission under the interstate
commerce law"