The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-11-21
ThF 9ailg y 1lletin.
THURSDAY, NOVEL, 1889.
A CRIMINAL ENTERPRISE.


SAN FRANCISCO, Nov. 6th.
The long expected decision of the
New York Supreme Court al the
general term was delivered yester-
day. A despatch to the Examiner
covers the entire ground, and will
be interesting reading no doubt to
the holders of stock in this "crimi-
nal enterprise"-the Sugar Trust
at the Islands. The following ex-
tracts give the gist of the decision:
New York, Nov. The Su-
preme Court of this State has hand
ed down decision in the great STU
gar trust case, which TO many will
he genuine surprise. 1t is true
that some time ago Judge Barrett
did make all order dissolving the
North River Sugar Refining Com.
pany's charter, because of its trans
fer to the great sugar combine, but
this soon came To he regarded rs
ntSi 2,rjHS affair which would not
hold water on appeal. 1t happens
that in this case the Sugar Trust
agreement itself-.-a document which
is typical of and indeed the very
life of the trust organization--came
up before the Judges for construc-
ton.
The decision declaring this con-
tract criminal is so broad in its char.
acter and so sweeping in its provi-
sions as to affect the existence of all
other trusts if it should he vigor-
ously enforced. Judge Daniels,
who delivered the opinion of the
court, in which Justices Van Brunt
and Brady concurred, was careful
to lay down the broad principle of
construction, which cannot possibly
be misunderstood.
THE law does not require
says Judge Van Brunt, that an
agreement of this kind shall in plain
language affirm the intention to pre-
vent competition for control of the
market or advance prices on neces-
sary commodities. -" The Ian
guage of the instrument, therefore,
is not alone to be consulted, but it
is to be considered in view of these
circumstances, and individuals en-
gagged 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 accomplish
ed.
"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 ola
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 and evil
dence in the case that the governing
object of the association was to pro-
mote its interests and advance the
prosperity ofthe associates by limit
ing 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 organiza-
ton provided for, and which actu.
ally took place, is reasonably free
from doubt, and when that appears
to be q fact, the agreements or what
ever else it may be called, having
for its object the removal of compe-
tition and advancement of prices OF
the necessaries of life, is subject tc
q the condemnation of the law, BY
which it is denounced as a criminal
enterprise"
After quoting the law making it O
disdemeanor to commit any act in.
furious TO trade or commerce, and
mentioning cases in which it was
held that combinations akin to tho
sugar trust were in violation of tht
statute, Judge Daniels says:
rrhese cases are authorities
against the legality of the associa
ton to which the defendant wa.
made party. This association, o.
which this defendant is a member
has an unlawful object. He has
placed its interests and affairs I'M
der the dictation and control of ;
board which legally should have M
power over it and rendered itsel
liable to judgment which has beer
placed itself in situation in which
according to the statute as well al
the decisions of courts, the charte
may be annulled at the suit of thu
Attorney-General. 1t has become
party, in part at least, to combina
ton designed TO create q monopol,
and exact from the public that whiel
could not be obtained naturally
This was its object.
"The action was well maintained
and Judgment should be affirmed.
General Roger A. Pryor, the as
sociate of Attorney-General Tabo
in the suit, said tonight that in hi
opinion the decision of the Genera
| Harn, t,aonf 4ha Jtoinf -