The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-05-12
JUDGE CAN'T DssEN1s AND is UPHELD BY TWO JUSTICES

limits OF the Eity. from the Union Depot TO fns
northern city limits and from point where q
crosses North Market street s1uthward!y tS
carr street; and from Ferry street eastward
across the Merchants bridge into the State oi
Illinois: also from the point where y crossei
Pope avenue northwarlly to the intersection o
NORM and FIorksant avenues, In all hfteer
miles.
In 1892 the Merchants Terminal Company ac
quired from another corporation called the -
Louis Terminal Railway Compsny. line o
railroad which vas TO be constructed from {
point near the northern limits Of the city, run
ming north and westward and then southwest
ward. betting the city 10 Arlc- Station. in -
Louis and San Francisco Railroad. The desiEr
OF this road was. when il should be completed
city who might have use therefor ''railroad
connections. tracks. sw1tcher. freight cars. ter
tllnal ana railroad terminal tacities including
dePots. warehouses. storage therein switch
ing facilities and rs.IIruad track and terminal
into the city and In this respect the design
was to compete with the respondent in doing
Upon August l. isa5 the respondent entered
into an agreement. the particulars II which ar'
set out IN the information i.li 2 copy flied as
AN exhibit the result Of which was 20 give the
respondent the practical oSre-ship and contro
ot the properties Of the Merchants Termina
Company. and with the Other properties hel,
by respondents. I" give 20 respondent contro
Cf all instrunontaiities in operation IL
the city designed FOR handling the t.rtuina
business Of the railroads centering IN -. Louis
POSITION HELD BY
THE ATTORNEY GENERAL.
The conclusion drawn by the Attorney Gen.
the Terminal Railroad Association OF St Louis
article xii Of the Constitution OF this state snl
The respondent denurs 10 the Information.
assigning as grounds therefor that the infor-
Rad and that Il the N-rchanis' Terminal are
tdIsi!ei or competing lines: second. that they
IL siIcie XII ;' Of ,he constiiu'on. @ % or section
Ioc.- X. $; third IL does show that the prop
gsfzlfls
OF sections li6i-lIss and the amendments there.
OF oy the act OF the General Assembly Of ls12.
LAW As REGARDS
PARALLEL ROADS
l. The clause in the Constitution which I,
IS contended. has been violated. is found In
section IL. article xii. which ssctioa is as fol-
lows: NO railroad or other CORPORATION. or
tdnroad corporation. shall consolidate the stock
nr ps.s or or lIanshise 9f such corporation with,
OF o,,r-,dn,,, IA any way control. any railroad
eoatSoi psra1as m1ls or or cb1Ins;rv haTnf pnder n is
shsh @ any officer Of such railroad corpora
oorpoTstjo as o,,,t,i an oIerr os any other r1iI.a
parallel OF Competing line: The question WI
shall. when demanaed be decided by tS,ry Iinss -
In other civil issues
In 49,. when the convention which framed
cur Consultation was In session there we're az
ready lines Of railroads running through the
state Thicn were parallel and competing. not
parallel IN strictly governmental sense and
not senps ting al an points. but parallel as that
woie @ hah come to be used in a commercial
between principal termini for the business OF
CARVING freight and passengers between those
points. And il required then but little fore
sight to discern that other lines of railroads
IN 9 2 Ike sense parallel and susceptible OF being
used IN n like sense. in competition. would he
e2hsuucted crossing or traversins the State in
The history Of those time. tells US that IN.
t1ge that competing ruads would AFFORD them
Of .HgV...
vantage It was in View af he cnnStlon 1a' ,Ssn nd
existing. AID conditions ther TO be reasonably
above quoted was adop;ed. Courts should not
lose sight Of those conditions when constru-
torney General it must b eaSssrSsd Sl the A a..
Hight o. its practical. popular and general sense
adyersities and injuries which would natiraii,;
follow IN the absence OF this inhibition
SPIRIT OF THE LAW
oVERCoMEs TECHNICALLY
And We make free to quote from the Attorney
General again, when he says: The spirit and
object Of the constitutional inhibition must b.
ressrdsd: II will not do to juggie with its
Going back to the date when the constitu-
uoral Convention was in session. and viewing
tne PHYSICAL and commercial conditions as
they were at that date. we must conclude
either that system Of terminal railroad ap-
since then. been involved In St Louis had
stand that they were affecting that class OF
public Utilities when they adopted the clause
sudh traffic appurtenances in mind and ~
they intended 10 include them In the inhibi-
express such intentions. The words as used
are sufficient to forbid a consolidation Of rail-
competing in the sense above mentioned.
tracking the State through It's length or It's
ton to give them that effect. and that is the
enect that We would naturally conclude the
trainers OF the Constitution intended them 20
have.
We have righ; to presume that system Of
terminal railway appliances a public utility
was not altogether unknown TO TIE members Of
the Constitutional Convention, though such
system was then In an undeveloped stage OF sx-
istence. because. early isIi the General
fh,semSy had ,, passed an @ aei looking 70 the
formal state in St Louis. The act q Il ISL I
4 Assembly seemed necessary TO meet the wonder
ful growth OF the city and its railroad life. has
bodied in sections IIs4 and lls5. Revised Stat
utes. 1929. and acts 1906. y. 80
SECTION FoRECAsTED
TERMINAL RAILWAYS
The act of Is.l session acts ISL q 5s) starts
ont with n declaration Of the advantage to be
attained and the Disadvantages to be overcome
by its enactment.
In order TO facilitate the public convenience
and safety in the transmission o. goods and
passengers In large cities from one railroad %
nense. Inconvenience and loss attending me
accumulation of a number OF stations" cor
fesrondent Is now engaged In doing. were au-
thorized TO be found Thus. when the conven-
corporations engaged in carrying u over ;beir
railroads freight and passengers from one city
transferring the cars brough; sy railroad 10
its terminus in a city 20 some other point In
railroad traffic In u. city The Character ~
the ousi,.css Of the two kinds OF corporations
20 railroad traffic
The one wa. railroad business IN it, ordinary
a law might n-tura w be desisned
with reference TO the one without being Intended
We must say that ;hey Intended to forbid
the formation OF such a union terminal system
history OF the railroad ;erTnirel business as
disclosed in the Information and the acts OF .hc
that neither the men engaged in the business
nor the members Of the General Assembly from
ton on the Constitution.
Tho main purpose IN the minds Of the mem
hers Of the convention In adopting this section
was 10 preserve to the people who might have
e choice Of railroads between two points the
from competition between rival companie. We
must not lose sight Of that purpose IN our con-
The purpose OF the statute OF lsa sna ,;s
amendments a. proclaimed In its preamble. and
necessity Of every railroad having IL own
psssehEer o,sts station fre;sh, eepe' and switch
OF moving passengers by means OF ornnibisss
and Other such vehicles to other station. y
the city. and the unloading and hauling pf
freight from the terminus CT roSd 20 that
s n +. or es s Gn he fseiSs Of :. s
railroad terminus, all Of which as appears in
.rsffc in ;as ps.t vas arcsmpiisSse 'she =, o5e
srea. inconvenience and expense OF the passcr-
ger and the shipper
The purpose et tho General Assembly wa. 20
allow such coordination among the managers
Of the railroads entering the city as 10 reduce
to the minimum The number % tracks hrfn.
all the trains TO one terminus. all freight 10 a
common point for distribution. all cars 20 :
common yard. II expressly authorized two or
more railroad companies to do this and n
put limit to the number that might 50 com
bine. The railroad conpanIes In this S,afs