The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1889-12-03
THE TRUST DECISION.

decision OF the New York Court in
the Sugar Trust case:
The decision declaring this con-
tract criminal is so broad in its char
acter and so sweeping in its provis-
ions as to effect the existence of all
other trusts lift should be vigorously
enforced.
Judge Daniels, who delivered the
opinion of the court, in which Justi-
ces Van Brunt and Brady concurred.
was careful to lay down the broad
principle az construction, which can
not possibly be misunderstood.
The decision gives power absol-
utely to judge and jury of lower
courts to decide in any given case
whether an Illegal combination
exists.
The law does not require" saws
Judge Van Brunt, that an agree
ment of this kind shall in plain Ian
gusge affirm the intention to pre-
vent competition for control of the
market or advance prices on neces-
sary commodities If it did it would
be that the requirement supply de-
vice for evading Its wholesome re-
strains and rendering its principles
nugatory. That has never been ex-
acted, but the courts, as in other
cases, permitted them to place them
selves IN position of parties enter
ing into an agreement or arrange
ment TO discover objects or designs
by which they may be actuated."
The language of the instrument.
therefore. is not alone to be con-
suited. but it Is to be considered in
view of these circumstances, and in.
dividuals engaged in bringing it
about. and ali that may be implied
from argument, is to be considered
as contained in it, for the purpose of
discovering what was intended to be
accomplished.
by the application of these rules
to this case the leading Objects dis
closed with reasonable clearness to
be that the affairs and business of
combination or association should be
so managed and carried on as to
promote the profit and gain of the
associates. The board was expressly
authorized TO promote the interests
of the parties IN all suitable as we'll
as lawful ways A jury would be
fully justified in concluding from
the agreement and other facts in
evidence in the case that the govern
ing object of the association was to
promote its interests and advance
the prosperity of the association by
limiting the supply, when that could
be done, and advancing the prices of
the products produced by the COM
panies. To conclude otherwise
would be to violate all the observa-
tons and experiences of political
life.
This is the controlling feature in
this controversy, and that it was in
tended to be secured by an organ
izstion provided for. and which actu-
ally took place. Is reasonably free
from doubt, and when that appears
to be fact. the agreement, or what
ever else 1t may be called. having
Tor Its object the removal of compe-
tition and advancement of prices of
the neeessaries of life. is subject to
the condemnation of the law. by
which it Is denounced as a criminal
enterprise"
After quoting the law making it a
misdemeanor TO commit any act IN
furious to trade or commerce, and
mentioning cases in which 1t was
held that combinations akin to the
sugar trust we're in violation Of the
statute. Judge Daniels says:
These cases are authorities
against the legality of the associa-
ton to which the defendant was
made 8 party. This association, of
which this defendant Is a member,
has an unlawful object. He has
placed It's interests and affairs under
the dictation and control of board
which legally should have no power
over il and rendered itself liable TO
Judgment which has been placed 1t
self IN a situation in which. accord
ing to the statute as well as the decl-
sions of courts. the charter may be
annulled at the suit of the Attorney
General. 1t has become a party, IN
mart at least. to a combination de
signed to create a monopoly and
exact from the public that which
could not be obtained naturally.
This was Its object
The action was well maintained.
and Judgment should be affirmed"
General Roger A Pryor, the asso-
ciate of Attorney-General Tabor in
the suit. said tonight that in his
opinion the decision Of the General
Term meant the disintegraton Of the
smear trust without further appeal
s7The decision" he said. applies
70 every refinery in the State belong
inc 70 the trust, but we viii fight |
this trust and all of these trusts TO
the hitter end. 1t was decided to |
bso;n with the Sugar Trust We
did this because the Sugar Trust
oeople are mostly Democrats Mr.;
Tabor being a Democrat We would
have been charged with bringing
T,ol;tics into the matter If we had De
:, c.5,-5 O1l TrTSf Il