Note 393 — Chapter XXXII · REMEDIES.

The United States Supreme Court held in the Trans-Missouri Case, March 22, 1897, and the Joint Traffic Association Case, Oct. 24, 1898, that railroads cannot lawfully agree on rates to competitive points. But no law or decision can well prevent railroad managers from meeting and coming to an understanding that they will adopt the same rates to such points. No contract in restraint of trade or to limit competition is necessary,—if each railroad publishes the same rates between “competitive” points and maintains them, competition as to rates is killed as effectually as if there were a pool or a traffic association with a written agreement.