The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-04-27

Judge arrived at his conclusions were
made for another age than this, and to
meet the exlgencies OF a wholly different
social system. Then the people We're
Ignorant, easily imposed upon, and uns
abl. TO resist the aggressIOns Of powerful
combinations. Now they are free, SOW
erclgn, resOurceful. They have no need
10 fear mOnOpOles. The law as II stands
is played out. II must give way to the
needs Of commerce "a it is at present
conducted Ii the Court OF Appeals
looks at monopOlies such as the trust deed
provides for in this light, il can reverse
Judge Barrett with great ease. But do
not look for such doctrine"
"Do you look for the extinction Of
trusts as a result Of this decision,
Judge"
Eventually, yes. OF course, it will
take time Legal ingenuity Will devise
new methods OF accomplishing the OBJ
jects Judge Barrett 50 strongly con-
dennis"
''Do you believe it possible to draw up
a substitute for the present form OF the
trust deed that will be proof against the
/ objections raised TO this one"
The Judge reflected long before he
/ answered the question. Then he said,
[ ''Well, | don't know. | believe l could
/ draw up one proof against statute law. l
/ doubt if any one could make a trust
agreement that would stand against the
! common law principle that cOmbina-
| lions tending to enhance the price OF a
/ necessary commodity are obnoxious TO
/ the peoples liberties, and, consequently,
| unlawful | don't see how the opera
/ ton Of that wholesome doctrine can be
| evaded The first overt act in further
ance of a project TO evade it is a Grim
| lnal conspiracy"
"Then these eleven trustees of the
! Sugar Trust and all the holders OF their
certificates are liable to penal prOsecu-
! ton ?''
"Certainly they are"
81 notice that to this phase OF the sub
| ject Judge Barrett gave no attention"
"Ihere was no occasion for him to dc
! that. lie attended strictly to the bust.
| ness before him, just as he should have
| done"
Isn't it the District-Attorney's duty
/ to bring this whole subject before the
Grand jury"
elf | were the District-Attorney
! should think So"
! Attention is also called to the fact
that the Judge who has for the frs
time in America construed the Law
on Trusts, declaring them a crimina
conspiracy, should also have con
! strued for the first time the law OF
boycotts, which he also condemns
upon precisely the same legal prin
ciples. Both he holds to be unlaw
sful combinations, because they tenC
to effect injuries to the public.
This question of trusts, syndicates
combinations and monopOlies is 1
very large one. 1t is coming rapid!
to the front as one of the two O
three great industrial and socia
questions which the present gener
alton will have to meet and dea
with. The legality of such aggrega
tons of capital and of productive
and distributive machinery as i
sought to be accomplished under tn
trust organizations, or as may be at
tempted under other forms of organ
ization hereafter, is largely techni
cal question, and may be safely left
| for the present, to the lawyers an,
the courts.
But 1t should be remembered tina
the larger aspects of the problem
will have to be discussed and settle'
before another and quite differen
tribunal. Before the high court o
public opinion, giving its decision
at the ballot box, and providing
means for enforcing the sam
through the machinery of apprc
pirate legislation, neither technical
tiles, nor presidents, nor quoted au
thorities, nor fine drawn arguments
ton, will be Of much avail.
This is a practical generation, an,
demands practical results. Upo1
the very practical issue of wha
seems best for the whole community
and for the great majority of the in
dividuals composing it, this, as wei
as all similar questions, will have t
be ultimately settled.