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Updated: August 25, 2024
The prosecution by the United States of offenses under the act of 1890 has been frequently resorted to in the Federal courts, and notable efforts in the restraint of interstate commerce, such as the Trans-Missouri Freight Association and the joint Traffic Association, have been successfully opposed and suppressed.
Justice Brewer said that while he believed the Trans-Missouri case had been rightly decided he also believed that in some respects the reasons given for the judgment could not be sustained.
Let it first be remarked that this was on the new lands of the trans-Missouri Country, where manure had no more commercial value than soil, and is freely given to those who will haul it away. The professor at the blackboard had been figuring up handsome profits on a type of dairying towards which he wits very partial.
"If I do not misapprehend the opinion just delivered, the Court insists that what was said in the opinion in the Standard Oil Case, was in accordance with our previous decisions in the Trans-Missouri and Joint Traffic Cases, ... if we resort to reason. This statement surprises me quite as much as would a statement that black was white or white was black."
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.
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.
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.
The foregoing words were written in 1855 by a historian to whom the West of the trans-Missouri remained still a sealed book; but they cover very fitly the appeal of a wild and unknown land to a bold, a criminal, or an adventurous population. "Some distance beyond the Mississippi, stretching from Texas to North Dakota, and westward to the Rocky mountains, lies the plains country.
Consider the words that are used in the text of the Income Tax Case, Folio Two, or the text of the Trans-Missouri Freight Decision, and think of the revelation they contain." I left Mr. Doomer still standing beside the window, musing on the vanity of life and on things, such as the future control of freight rates, that lay beyond the grave.
In United States v. the Trans-Missouri Freight Association, the Supreme Court had declared that the Anti-trust act applied to railroads and that it forbade agreements among them to maintain rates; two years later, in 1899, the Court pronounced illegal a combination of pipe manufacturers in the Middle West, on the ground that its result was to restrain interstate commerce.
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