The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-09-18

o. thoy arc assigned in proper condition
TO be travelled over by the public.
1t is the duty OF tho county court 10
provide the public prisons of the county
suitable means for heating and ventilation,
and also sufficient sewerage 10 insure the
health and comfort OF the inmates therein,
and failure OF the quorum court TO make
such provisions should DC misdemeanor
in office. You will, with the other duties
enioined upon you, see that this provision
of the law is observed.
You will inquire into all conspiracies
having for their object by secret combina-
| ton oil individuals the control OF any en-
| tire necessary staple for extortlonate pur-
| poses.
Thus any secret combination OF persons
| TO obtain control of all the bagging in the
markets OF the country for the purpose OF
| compelling those engaged in tho produc-
| ton Of cotton TO pay extOrtionate prices Tor
bagging necessary in preparing theircotton
| for shipment, il an indictable conspiracy.
1t Is likewise an indictable oliense when
several railroad companies or other COM
mon carriers, by pooling agreements be-
tween tho several companies or parties in
tercsied, 10 have control OF the entire car.
rage OF goods to and from this market, by
which agreement extoTtionate tolls or
ireights arc 10 DO and arc charged.
As to the first oflcnso here alluded to
| land with equal force may he applied 10
all others of like character) the influence
upon the supply Of bagging h 30 great as
| 10 enable the conspirators TO raise the price
Of the article 80 high rs 10 seriously Affect
all those engaged in growing cotton,
which Is a very large class OF
our community. The policy Of
the law is that In all matters of trade affect
ing the public or large class of indiyid-
uals there should be free competition
among those WHO would engage in any
particular line OF business When combi-
! nations arc formed which have for their
object ~ benefit the public, such are
not indiclablc, but upon the other hand
! should be encouraged. In the one case
! the combination IL 10 benefit and the ether
to Cypress the public. The one is TO aid
and encourage and tho other is in restraint
OF trade, which il contrary 10 public pol
icy. In such combinations whore the pur-
pose IL injurious, the gilt OF the olicnsc il
the conspiracy, for persons thus combined
have power in their confederate form
which no individual action cnn confer. In
the language Of learned Judge in discuss
ing this question, Tho evil effects Of these
combinations permeato the entire mass OF
the community, and leave few OF its mem
| beers untouched by its whitening blight.
| These are something more than ordinary
! contracts; they arc criminal Oilcnsos, and
| you shonld indct all such found violating
| the law. The question ol venue may
arise, and II 40 tho court will IN
advance instruct You rs 10 the law that
should control your action in that respect.
| Although technically the place where the
conspiracy IL entered into is the place Of
venue, yet IL is generally held that the
venue may be- laid as to any or all Of the
conspiptors in the county Ia which an act
was done by any OF them in iurthcrancc Of
their common design, and, consequently,
in this county all the co.conspiraton arc
indictablc. II conspiracy bc once cstab-
lishod, although Il was concocted out OF
! the jurisdiction OF the court IN overt act
committed 10y any one OF tho conspiratoH
! within the jurisdiction Of the court In pur.
suit Of the common object Of sIid conspir-
/ acy, Is tho net OF each conspiatOr, and Is
q renewal OF the original conspiracy 10y all
engaged therein,
The oilcnsCs To which YOU have been
charged 10 inquire into arr MI misdcmcan-
ors aud should IN all cases bc promptly
dealt with 10 prevent a recurrence Of the
like and 10 punish the wrong docr; but
I you have the power aud II is further your
| duty to inquire into all indictablc oilcnscs
ui vrcs,or degree. known "a iclonic-, coin
mit,cd or which may be uiod Within IA,
county. aud present them with others %
les degree mentioned To this court.
You will examine into the condition O
the county treasury aud into the bonds %
the county officers with regard a. thcii
correctness aud guiliricncy, and into th,
misconduct Ia Office Of county uilircn
You will complete the examination ul the
books and accounts ui the Taxing District
ul Shelby county and inquire into the cx'
prnditurcs thereof With view 10 deter
min. whether such expenditures were "
strict compliance with the legislative en-
nctmcnls relating ,o said Taxing pisiuc
aud into the misconduct iu office Of thcs
! officials, and u any have been found VIC
: laliug the law present them tn this courl
b Jums J. nuiiusr, Judge.