No Union Of Railways

    Washington, Oct. 25. - The great Joint Traffic association case was decided by the supreme court yesterday, and the association found a violation of the Sherman anti-trust law. The association was composed of thirty-one of the most important railways in the country, and its objects were to maintain just and reasonable rates, etc. on state and interstate railway traffic. Justices Gray, Shiras and White dissented.

    One interesting feature of the decision is a reference to the opinion of the lawyers for the railways that a decision for the government would render illegal most business contracts or combinations, such as contracts to maintain wages, contracts of incorporation for any line of business, and partnership contracts. The supreme court says that no contracts of that nature were before it, and after reiterating the principle that railways perform a service of a public nature, says:

    "It is the combination of these large and powerful corporations, covering vast sections of territory and influencing trade throughout the whole extent thereof, and acting as one body in all the matters over which the combination extends, that constitutes the alleged evil, and in regard to which, so far as the combination operates upon and restrains interstate commerce, congress has power to legislate and to prohibit."

    As to the question of the right to make contracts the opinion says: "The citizen may have the right to make a proper (that is, a lawful) contract, one which is also essential and necessary in carrying out his lawful purpose. The question which arises here is whether the contract is a proper or lawful one."