The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-11-26
THE TRUST DECISION.

ions as to effect the existence or all
other trusts if it 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 of 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" says
Judge Van Brunt, that an agree
ment of this kind shall in plain Ian
guage 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 all 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 object is dis
closed with reasonable clearness to
be that the affairs and business of a
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 well
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-
tions 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
ization 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 it may be called, having
for it's object the removal of compe-
tition and advancement of prices of
the necessaries 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 it was
held that combinations akin to the
sugar trust were 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 a 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 it and rendered itself liable to
Judgment which has been placed it
self in a situation in which, accord
ing to the statute as we'll as the deci-
sions Of courts, the charter may be
annulled at the suit of the Attorney
General. It has become a party, in
part 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.
l. Us
and Judgment should be affirmed"
General Roger A. Pryor, the asso-
ciate of Acknowledgement Tabor in
the suit, said tonight that in his
opinion the decision of the General
Term meant the disintegration of the
sugar trust without further appeal.
"The decision" he said, ''applies
to every refinery in the State belong
ing to the trust, but we will fight
this trust and all of these trusts to
the bitter end. It was decided to
begin with the Sugar Trust. We
did this because the Sugar Trust
people are mostly Democrats. Mr..
Tabor being a Democrat. We would
have been charged with bringing
politics into the matter if we had be-
gun on the Standard Oil Trust,
which is Republican. But the Stan
dard trust is just as much concerned
in to-day's decision as the Sugar
trust. It has also the New York cor
porations associated with it, and
the Standard people have known all
along the effect of Judge Barratt's
decision against the North River Su-
gar Refining Company.
"Well, Mr.. Tabor decided to be-
gin on the Sugar Trust, and when
that is finished there will be consul
tations as to the first shot to be fred
at the Standard. You will observe
n