The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1889-01-05
GOING FOR THE TRUSTS.

6OlNG FOR THE TRUSTS.
We heartily agree with Col. Collins;
that the Stases should remodel their
principles of law and theories of gov
ernment to meet the growth of the
trusts:
Editor of the Avalanche:
Indianola, Miss, Dec. 22.-In the
discussion of the bagging trust ques-
ton win say, after much thought on
the solution of the problem, that the
Chinese penal code might properly be
brought in vogue against the trusts
which are sapping the very vitals Of
American producers and consumers.
"Whoever is guilty of improper con-
duct, and of such as is contrary to the
spirit of the laws, though not breach
of any specific part of it, shall be pun
ished at least forty blows; and when
the improperly is of a serious nature,
with eighty blows" Though there is
want of certainty and definitencss in
this, nevertheless it is a sound principle
for the protection of the rights of per-
SON and property. That the trusts
have violated the spirit of the Consti-
tuition and laws is not a question of
doubt, and it is cowardice for State
to supinely submit to such infringe
ment upon its fundamental principles
of government. Every State govern
ment's primary duty is to its citizens
in the protection of rights, person and
property, and the Legislature, though
in doubt, may approach the confines of
the Constitution in their protection
when necessary 1t is sheer cowardice
in State to decline the exercise of
this preogative when the necessities of
its people demand it. Several of the
States, among them Mississippi, have
assumed the responsibility of regu-
lating Interstate commerce by rail-
roads with justice, propriety and law
vouchsafed to them under the Consti-
tuition, as has been determined by the
highest court The motive of this by
the States was TO prevent extortion
upon citizens by monopolies or large
corporate institutions. The bagging
trust will doubtless como under the
interstate commerce head, If the
States have the power to prevent one
oxtortion, the sound principle iu law,
"When property has been clothed with
public interest, the Legislature may
fix the limit TO that which in law sh all
be reasonable for its use.r They can
under this principle, with equal justice,
propriety and law, regulate the inter-
State commerce or any other traffic
detrimental to the interests of the citi-
zens of the State. In countries where
the common law prevails it has been
customary from time immemorial for
the Legislatures to say what shall be
reasonable compensation under certain
circumstances The growing tendency
to the Capitalization of capital to csn-
troll the essential commodities of the
country makes 1t imperative for the
States to advance in legislation, in
order to protect its citizens from the
voracious appettes of moneyed ghouls.
Now confess that the fixing of stip-
ulated price for a stipulated commodity
is attended with difficulties, as suggest
ed in the law principle given above.
To obviate this difficulty | would sug-
gest that the Legislatures, to meet the
imposition of trusts and combines on
any essential articles of public inter-
ests, empower the Governor to declare
such commodities as contraband, with
power to impose certain specific pains
and penalties for the introduction ei
such into the State Such law would
inspire the South with spirit of man.
ufacturing enterprise, because they
would see IN this protection from ag.
gregate capital. The only question Ii
, the constltutionality of such law
An eminent jurist has said that q Ii Il
elemental that law will not be de
clared unconstitutional unless its vice
is obvious Now if it is vice to pro
tect the producers and consumers o.
country from extortionate rapacioul
capitalists then this would be uncon
stitutional. Chief Justice Waite sale
that "Every statute is presumed to b,
constitutional" If there is doubt tn,
|, expressed will of the Legislature
t should be sustained is another grea
/ principle of law. The vital question
n is that the people of State should no
be imposed on by these villainou
i trusts, and there is no inherent vice il
the legislative prevention. "A doubt,
says great jurist, "sustains the law
Very respectfully,
4 THos. Ii. COLLINS.
Roth Houses Ready for Work.