The Hawaiian gazette., 1884-06-11

SINCE the time when the Commons OF
Great Britain, then the sole expositor and
preserver Of popular freedom, began to
rise to be the supreme political power in
the State, freedom OF trade has been one
of the chief objects of the Anglo Saxon
freeman
To reward favorites, or replenish the
Roval Treasury IT became a custom to
grant or sell Patents Of Monopolies, but
no sooner did this become aresl grievance
than the people found an efficient way OF
putting an end to it.
In the first year of the seventeenth CEN
tury the battle began.
AT that time scarce family in the
realm which did not feel itself aggrieyed." T"
What followed7 The House of Commons
met in angry and determined mood" The
Court party played their part as usual but
in vain. The language Of the discontented
party was high and threatening, and was
echoed by the voice of the whole nation.
There seemed for moment to be some
danger that the long and glorious reign
of Elizabeth would have a shameful and
disastrous end. The Queen, proud
and courageous as she was, shrank from
contest with the nation, and with admir-
able sagacity. conceded all that her sub
iects had demanded, while it was yet in
her power to concede with dignity and
grace"
Such was the outcome of the first notice
able struggle against monopolies. Some
twenty years later, when the great Queen
was dead, her successor, james /, the mas
ter of Kingcraft, the active politician y
again granted oppressive patents Of mo
nopoly, and again the same result was
brought about by the same means. The
Parliament of 1923 determined to apply a
strong remedy to the evil. The King was
forced to give his assent to a law which
declared mOnopolies established by Royal
authority to be null and void" Again,
Charles / granted patents Of monopoly.
but in 1640 they were again put down.
From this time onward we hear no more
of Monopoly by Royal Patent.
Next we come to consider the charters
granted for exclusive trading with distant
and little known countries. The East In
dia Company was Incorporated under q
charter granted by Queen Elisabeth in
1900, the Hudson's Bay Company by grant
Of Charles Ii in 1870. The exclusive priv
ileges OF the former, were placed under con.
troll Of the Government in '1773, Hnnulled
by an Act passed in the reign OF George
III in 1913. The latter was remodelled
and in great measure eItinguished in
1869.
At present il is almost impossible to es-
tablish. in Great Britain, monopoly pro
tected by law II group Of individuals
desire to establish company or corpora
ton with any sort of exclusive powers, say
for instance, the construction and working
a railway, committee of the House is ap-
pointed TO examine into all the details Of
the scheme The projectors have, first, to
show the necessity or desirability, from
public point OF view, Of the work they pro
pose to undertake. Counsel is heard, and
witnesses examined, for and against the
scheme. Every proposition is enquired
into, and II the projectors can satisfy the
committee that the undertaking is on a
sound commercial basis, that it is q real
bona .fide legitimate business, that the ben
eft to the country will outweigh inevitable
inconvenience toindividuals, etc, the com
mittee reports that the proposed company
has proved its preamble" Then further
enquiries are made, and the bill examined
clause by clause, what powers arc asked
for. what business is to be undertaken.
Mlui Il ~ Dt NtAlst1- anu LOh- h1ht
collision or what combination with exist
ing rights and interests will result il per
mission be granted; conditions, and maybe
restrictions are imposed by the committee,
and rejected or accepted by the promoters.
The bill then comes before Parliament, Is
probably again fought over, but II il is all
fair and square. generally passes.
A railway company cannot buy up
competing canal system, or a competing
steamship company, without Act OF Par
lament, and II may be safely said that no
railway company could procure the pass
ing Of an Act authorizing it to establish
bank. or oies rersd.
But that any group of individuals could
hope for any such powers as redemanded
by the bank charter before us, would be
only too. too absurd.
In the United States are vast areas Of
unappropriated lands at the disposal OF
the government, and there the system is
different Here, from the restricted area
Of the country, and the neariy-reached