The Indianapolis journal., 1889-02-05
Barrett's Pool Bill.


The Senate passed the Barrett bill against
trusts, yesterday afternoon. There was
practically no opposition, and the only
member who pretended to offer any was
Senator Burke. In a lengthy speech, he
took strong grounds against the passage of
the bill, which he said he believed would
rrin many manufacturers in the State. He
had nc sympathy for trusts and combines,
but he believed it was wrong to attempt to
regulate them by State legislation. There
should, he thought, be a national law that
would affect every manufacturer in the
country In the same manner. He main
tanned that if the Indiana manufacturers
were prevented from pooling with the man
ufacturers of other States, the outside
manufacturers would crush the Indiana
manufacturers by selling goods in the State
at less than cost. The Senator made special
reference to the cement manufacturers of
Clark county, who were compelled to
combine with those of other States or aban-
don the business. The Senator said his op-
position to the bill might furnish him
political tombstone, but ne opposed it be-
cause he honestly believed it would Sc
riously injure the manufacturing interest
of the State.
bill. Other legislatures. he said, were en-
acting similar laws, and he did not believe
the manufacturers of Indiana would be
In any way injured. by its passage.
senator ssn h Ihfonpson OF With Jasper thought
clause. would injure many manufacturers.
The author of the bill objected to the
emergency clause being stricken out. He
argued that If the change was made every
some combine before the law went into
effect. After further discussion an amend
ment offered by Senator Shockney, making
the bill apply to railroads as well
After the bill had been discussed
nearly two hours the roll was called on its
passage, and it passed by vote of 43 to 2.
Senator'S Burke and Schroyer voting in
the negative. 1t is believed the bill will
also pass the House without any great op-
position.
The bill provides that all trusts, pools,
contracts, arrangements or combinations
now existing or hereafter made between
persons or corporations, or between
any person or persons and one or more cor
porations, made with view, or which tend
to prevent full and free competition in the
production, manufacture or sale of any
manufacture. or in the importation. trans
portatlon or sale of any article grown. pro-
duced or manufactured in any other State
or country, or which are designed to tend
to fix. regulate. limit or reduce the. produc-
ton, manufacture or sale, or to fix, regu-
late, increase or reduce the price of any
article of growth, production or manufact-
ure, or which are designed or tend in any
way to create monopoly, are declared to
be conspiracies to defraud, to be unlawful,
against public policy ard void.
The bill then provides that such per-
sons entering into or continuing in, such
trust, pool, etc., either on his own account,
or as agent or attorney for another,
or as an Office agent or stockholder of any
corporation, shall be guilty of a conspiracy
10 defraud, and on conviction shall be fined
not less than q, 900 nor more than $1,000,
and shall be imprisoned for not less than
two nor more than five years.
Section provides that au persons and
corporations, and the officers and stock
holders OF all corporations that shall be-
come or continue TO ;,b De mem en- cers OF, or In
any trust, pool. etc, shall be jointly and
severally liable to pay all the debts, obliga-
tions and liabilities of each and every per-
son and corporation that may become or
with or concerned therein. as fully as if all
were partners in the creation of such debts,
obligations and liabilities"
Ihe following section makes it the duty
OF the prosecuting attorney In counties
where trust is located or has its principal
once 10 Dring suit against the corporation
In any clremt or superior court of the
county 10 have Its charter declared for
felted and wind mp the business of the COM
p2ny or corporation under the order of
court.
Section provides that any person or cor
poration injured or damaged by any such
Trust, pool contract, agreement, arrange
ment or combination may sue and recover
for in any court OF competent jurisdiction
double the amonnt OF damages suffered by
such person or corporation. and In addition
thereto reasonable attorneys fee for the
prosecution OF such action.