New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-13

character, 1t can overturn the decision OF the trial
court 1t can say, THE laws and principles upon
"hicn the learned Judge arrived at his conclusions
were mado for another age than this, and to meet
the exigencics wholly different social system.
Then tho people were ignorant easily imposed upon
and unable to resist the aggressions Of powerful
combinations. Now they are free, sovereign, re-
sourcefuL They have no need to fear monopoles.
The law Is It stands is played tout. 1t must give
way to tho needs OF commerce as IL Is at present
conducted II the Court Of Appeals looks at monop-
oles such as the trust deed provides for in this light It
can reverse Judge Barrett with great case But I
do not look for such doctrine.'
do you look for the extinction OF trusts as a
result OF this decision, Judge2'
" Eventually, yes. or course, 1t viii take time.
Legal ingenuity will devise methods Of accomplish
Ing the objects Judge Barrett strongly condemns"
DO you believe 1t possible to draw up sub
stitute for the present form Of the trust deed that
viii be proof against the objections raised to this
one"
The Judge reflected long before he answered this
question. Then he said, swell, don't know. I
believe I could draw up one proof against statute
law. / doubt II any one could make trust agree
ment that would stand against the common law
principle that combinations tending to enhance the
price Of necessary commodity obnoxious to the
peoples liberties, and, consequently, unlawful /
don't ses how the operation Of that wholesome doctrine
can be evaded The first overt act in fltherance
of a project 10 evade 1t Is a criminal conspiracy
and all the holders Of their certificates liable to
penal prosecutonp
certainly they are'
OF notice that to this phase Of the subject Judge
barrett gave no attention"
"Ihere was no occasion for him to do that he
attended strictly to the business before him. Just Is
he should have done'
x,,tr 30 krin
this whole subject before the Grand Juryi"
at we're the Dlstrct-Attorney should think
so.n
1t is an interesting fact that the Judge, who
has for the first time in America construed the law
Trusts, declaring them criminal conspiracy
should also have construed for the first time the
law on boycotts which he also condemns upon pre-
cscly the same legal principles. Both he holds to
be unlawful combinations, because they tend TO
effect injuries to the public.
Mr. Parsonss arcply' to the Judge is a curious
statement lie says his client does not acquicsce' in
the decision. His client will ego on with It's
business Of sugar refining Seeing that his client
up 10 the moment of it's entering the Trust had actu-
ally refined sugar constantly, and that since then it
has not put out single grain, nor turned Its engines
single revelation nor even lighted its frcs-seeng
that its doors have been barred, its labor discharged
and Its whole business sfoppcd-seeing that tho cnef
ground of the peoples complaint was that II had re-
cclvod profits from trust certificates which 1t had not
done the first thing to earn, this remark Of Mr. Par
sonss about It's going on refining is not less droll
than bold. The reader OF Mr.. Parsons's reply Is
likely TO 10 msled rs TO tho grounds OF Judge Bar
rctt's decision The court does not affirm that the
obiect' Of the Trust rs TO limit production though
do no, suppose anybody is so young as not to per
celve that this IS one of their objects The court
simply says that IL this were an object u couid DC
accomplIshcd-that the tendency Of the Trust Is u
this direction, and consequently, 1t is unlawful The
court makes prctcnoe that tho law
prevents stockholders Of ono corporation
from being stockholders In another car
rying on the same line OF business or that 1t pre-
vents two persons rivals IN the same business from
uniting their intercsts' Both these things may or
dnarily be done with entire propriety. But corpora
ions corporations cannot exercise franchises MOI
granted the ard competitors in business cannot CON-
bine in way that gives them control OF the Ma
uona market