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Updated: June 25, 2025
The utmost secrecy was maintained, but it was shrewdly suspected that one of the great companies, of which the Pacific Southwestern was now a competitor on an equal footing for the grain-carrying trade, had gone in to absorb the new factor in trans-Missouri traffic. Other and more sensational developments might be expected if the battle should be fought to a finish.
Should Congress amend the Sherman Act, as it seems somewhat disposed to do, by explicitly enacting the rule of the Trans-Missouri Case, a grave issue would be presented. The Chief Justice might submit, and thus avert, temporarily at least, a clash; or, he might hold such an amendment unconstitutional as denying to the Court the right to administer the law according to due process.
"The candidate for assembly in this district, whose trans-Missouri name seems to be Nye, turns out to be the same man who left Penobscot county, Maine, in the dark of the moon four years ago. Mr. Nye's disappearance was so mysterious that prominent Penobscoters, especially the sheriff, offered a large reward for his person.
Immediately after our departure you will get the bonds and take them to the vaults of the Trans-Missouri and Continental Trust Company, of New Jersey, on Broadway. You will go on foot, we in a hansom, so that you will get there first. I will take Mr. Bolivar in and show him the bonds again.
In the Trans-Missouri Freight Association case, which reached the Supreme Court two years after the Knight case, that tribunal decided by a five-to-four majority that the words "every contract ... in restraint of trade" extended the operation of the law beyond the technical common-law meaning of the terms employed so as in fact to include all contracts in restraint of interstate trade without exception or limitation.
You might hear it around the switches at them division stations." I had heard it in higher places also, but meekly accepted the reproof. If you have made your trans-Missouri journeys only since the new era of dining-cars, there is a quantity of things you have come too late for, and will never know.
Presently the government brought a bill to dissolve an obnoxious railway pool, called the Trans-Missouri Freight Association, and in 1896 the case came up for adjudication. I have nothing to say touching the policy involved.
Legislation in many States, the enactment of the Sherman anti-trust law by Congress, and the decision of the Supreme Court in the Trans-Missouri case rendered insecure trust agreements of the old type, in which constituent corporations surrendered the control of their affairs to trustees.
I am only concerned with a series of phenomena, developed through several years, as effects of pressure acting upon a judiciary, exposed as the judiciary, under our system, is exposed. The Trans-Missouri Case was argued on December 8, 1896, very elaborately and by the most eminent counsel. After long consideration, and profound reflection, Mr.
No more scathing condemnation could be visited upon a law than is contained in the words of the Interstate Commerce Commission when, in commenting upon the fact that the numerous joint traffic associations do technically violate the law, they say: The decision of the United States Supreme Court in the Trans-Missouri case and the Joint Traffic Association case has produced no practical effect upon the railway operations of the country.
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