novelnext Chapter 137 The Dead End of the Law
Chapter 137 The Dead End of the Law
Chapter 137 A Dead End in the Law (Bonus Chapter for 25000 Monthly Tickets)
The archives are located on the second basement level of Pittsburgh City Hall.
The air here is dry, and the white fluorescent tubes are glaringly bright, illuminating the hundreds of legal files and case law compilations piled on the long table.
Leo sat at one end of the table.
His tie was loose, his sleeves were rolled up to his elbows, and a thick copy of the United States Code was spread out in front of him.
Ethan and three other legal advisors from the city hall sat around him.
In front of each person was a mountain of documents half a meter high.
Since falling out with Morganfield, Leo has taken his team into this basement.
They are searching for a way to survive.
They were looking for a legal miracle, a clause that could circumvent Section 2 of the Sherman Antitrust Act and legalize the port concession agreement that was accused of being an "illegal monopoly."
"here."
A young legal advisor pointed to the computer screen, a hint of uncertainty in his voice.
"A 1998 precedent by the 7th Circuit Court of Appeals ruled that municipalities can grant exclusive rights to specific businesses, such as those handling waste, if it is for public health and safety reasons."
The city hall's chief legal counsel, an elderly bureaucrat with graying hair, Adrian Payne, didn't even glance at him.
"Our port is about logistics, not waste disposal," Adrian retorted coldly. "Logistics involves interstate trade, and the federal courts have zero tolerance for monopolies in this area. Unless you can prove that if you don't give Morganfield a monopoly, Pittsburgh will be plagued."
The young consultant shut his mouth.
Time passed second by second.
They reviewed almost all antitrust cases from the past fifty years.
From telecommunications to railways, from natural gas to cable television.
Each precedent is like a wall, blocking their way.
The Sherman Antitrust Act is one of the most solid cornerstones of the American capitalist system, and it was designed specifically to crush what Leo was doing.
The deep entanglement of administrative power and capital.
Adrian took off his glasses and rubbed his eyes.
"Mr. Mayor."
Adrian's voice was filled with exhaustion.
"We must face reality. No matter how hard we dig through this pile of papers, the facts are clear."
"We exclusively granted a key public resource to a private company without allowing sufficient market competition."
"Procedurally, we deprived other potential competitors of their rights."
"Unless we can produce proof of an extreme emergency at the time, such as war or a major natural disaster, we can only drag this case on."
"etc."
Ethan, who had been buried in a pile of old files, suddenly stood up.
He held a yellowed photocopy in his hand, his eyes shining brightly, and his finger pointed forcefully at a line of words on the paper.
Parker v. Brown.
Ethan slammed the paper down in the center of the table.
"1943 Supreme Court precedent, 317 U.S. 341."
Ethan spoke rapidly, with the fervor of someone discovering a new continent.
"This case establishes a principle: the principle of state conduct immunity."
"The Supreme Court ruled that if a restrictive practice is carried out by a state government as a sovereign entity to implement its explicit public policy, then that practice is not subject to federal antitrust laws."
Ethan looked at Leo with burning eyes.
"Leo, although we are the municipal government, legally, municipal powers derive from state mandates. If we can demonstrate that granting Morganfield the franchise was not for commercial monopoly, but to implement a clearly stated public policy in Pennsylvania," such as revitalizing declining industrial areas or optimizing the statewide logistics network, then we can succeed."
"Then we have immunity!"
"Federal courts have no jurisdiction over the sovereign actions of states!"
"Wait a moment."
A thought suddenly flashed through Leo's mind.
"A clearly stated public policy—" Leo muttered to himself, then his eyes brightened. "Ethan, we have that!"
He strode to the filing cabinet, frantically rummaged through it, and finally pulled out a document.
That was the expedited approval letter for the bond issuance that the Pennsylvania Department of Community and Economic Development was forced to issue under pressure from the White House Chief of Staff.
Look at this!
Leo slammed the document on the table, his finger trembling as he pointed to a line of small print in the attachment.
"In order to bypass financial review and to release the $500 million in bonds, the White House provided Harrisburg with an endorsement document that compelled the state government to recognize the strategic importance of the project."
Leo read aloud:
'
—It is hereby determined that the Pittsburgh Inland Port Expansion Project is a key component of Pennsylvania’s overall logistics plan and the national supply chain resilience strategy, and plays an irreplaceable role in revitalizing the western economy of the state.—
"Did you hear that?" Leo looked at everyone present, his tone filled with barely suppressed excitement. A crucial component! An irreplaceable role!
"Isn't this a clearly stated public policy?"
"This means that Harrisburg has legally recognized the way we built this port and the necessity for it!"
"We are not running a private monopoly; we are implementing a grand economic revitalization strategy for the state of Pennsylvania!"
"This is the amulet!"
Leo felt his heart pounding.
A miraculous escape from a desperate situation.
He thought it was a dead end, but he never expected that the highest authority used to issue bonds would leave him a back door here.
As long as you stick to this point, insist that it is an extension of the state government's will, you can break through federal antitrust laws.
The atmosphere in the conference room instantly became lively, and even the young legal advisors showed expressions of surprise.
But Adrian poured cold water on this newly ignited hope.
"Theoretically, it's valid, Mr. Mayor. That's a very insightful point."
"However, you have overlooked the Midkar standard."
"First, such policies that restrict competition must be clearly articulated and affirmed by the state legislature."
Adrian glanced at the reply letter.
"Your finding on this point is valuable. Although the state legislature did not pass a specific bill, this document, bearing the seal of the Pennsylvania Department of Community and Economic Development and citing national strategies, does have room for debate in court."
"We can argue that the state government implicitly authorized this exclusive business model by approving the financing."
"We might be able to squeeze through this first hurdle, albeit with difficulty."
Adrian continued, "But the second one."
"The implementation of this policy must be subject to active oversight by the state government."
"That's the Achilles' heel."
"Mayor, does the Pennsylvania Department of Transportation or the Public Utilities Commission have a dedicated agency to review Morganfield's pricing standards?"
Before Leo could speak, Adrian responded first.
"no."
Does the state government have the right to veto Morganfield's business decisions? Does it have the right to periodically audit his operating profits?
'
"no."
"We gave him the franchise and then completely let him run. Under this agreement, Morganfield is free; he is not subject to active oversight by any state-level official agency."
"The Supreme Court's logic is simple: the state can allow monopolies, but it cannot allow private individuals to exercise monopoly power without regulation."
"Without proactive oversight, even if the governor personally writes a letter of support, the exemption will not be effective."
"Unless—" Adrian said, "unless you can get those guys in Harrisburg to suddenly pass a law by tomorrow morning announcing the establishment of a Pittsburgh Port Regulatory Commission and actually send people to investigate Morganfield's accounts."
"But is that even possible?"
Leo knew very well what was going on.
Those guys in Harrisburg would love to die right now, so why would they bother with any oversight at this time?
"So, no matter how beautifully your reply is written."
"This is still a dead end."
The light in Ethan's eyes went out.
He slumped back into his chair, staring blankly at the copy of Parker v. Brown.
Leo sat there, saying nothing.
He looked at the table full of legal documents, at the densely packed clauses.
These texts form the cornerstone of modern society, constituting what we call order and justice.
But at that moment, all Leo saw was the wall.
It's an impregnable fortress on all sides.
Every law and every precedent is a fortress meticulously built by vested interests to protect their own territory.
They wove a vast labyrinth with complicated procedures, expensive court fees, and obscure terminology.
Only their own people have the map.
Outsiders who try to break in will only run into walls and eventually die from exhaustion.
Leo felt a sudden suffocation.
The air in the basement seemed to have been sucked out.
The mountain of documents pressed down on him, making it hard for him to breathe.
He spent two or three days trying to find a lifeline in this pile of laws.
In the end, however, nothing was gained.
The result proved only one thing: he couldn't resolve the lawsuit without giving in to Morganfield's blackmail.
If he agrees, he will become a puppet.
No matter which way you go, it's a dead end.
"Snapped!"
Leo suddenly grabbed the thick law book in front of him and slammed it against the wall.
The pages of the book scattered and fell to the ground with a clatter.
The loud noise startled everyone.
Adrian stared in astonishment at the young mayor.
Ethan looked up, his eyes filled with complex emotions.
Leo stood up, loosened his tie, pulled it off his neck, and stuffed it into his pocket.
That's enough.
"Stop looking."
Leo said, "Collect all this trash."
He looked around the basement, which was filled with an atmosphere of despair.
"The law can't save Pittsburgh."
"These writings of the dead cannot save the lives of the living."
Leo strode toward the door.
"Mayor, where are you going?" Ethan pressed. "Should we continue our investigation? Perhaps there are other precedents—"
There are no other precedents.
Leo pushed open the door without turning his head.
"I want to go out."
I need to get some fresh air.
"I can't die in this dusty coffin."
He walked out of the archives, strode across the corridor, and pressed the up button for the elevator.
He needed fresh air, he needed to leave this city hall, which was shrouded in layers of rules and regulations.
He's going outside.
The only place where justice may exist now is elsewhere.
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