The intelligencer., 1889-11-02
DISSOLVING TRUSTS.
Successful Operation of the Recent
ly Enacted Auti-rr Law.
All the Big Missouri Trusts Already
Broken and the Good Work
Goes OG-The Time For
Reporting Further
Extended.
From the st. Louis Republic.l

3O days prescribed by Secretary oil
State Lesueur as the limit OF time in
which corporations were required to
file with the department their affidavits
as 10 non connection with pools and
trusts expired to-day, and this after
noon the secretary issued the following
notice:
STATE OF MISSOURI, Department OF
State, CITY OF JEFFERSON, Oct. %,
1859 10 all il may concern: On the
24th day OF September, 1889, a letter
and blank form affidavit, prescribed by
the secretary of state, :. ere mailed to
each corporation doing business in this
state, aud an answer required, under
oath, as TO the connection of such in
corporated companies with pools and
trusts. lnasmuch as the 30 days fixed
aS the limit OF time for return of said
a!iidavits has expired and returns are
| still being made TO an extent which in-
hicates a growing disposition to COM
ply with the law, now, therefore, in
| order that ample opportunity may be
| afforded all corporations TO make
proper return to this department., as
| required by law, | do hereby give no.
| ice that the time Tor making such re-
| turn has been extended to Thursday,
November IA, 1889, at the expiration of
which period the penalties prescribed
by the statutes will be invoked.
Sigued1 A. A LEsUEUR,
Secretary of State.
Speaking Tonight Of the prospects
for the complete enforcement of the
law, Secretary Lesueur said: "The act
| concerning trusts and pools does moi
| expressly provide any limit for the re.
turn of the affidavits of corporations,
| and hence | assume the law clothes Inc
generally with the authority TO fix the
| limit, or else the act itself would be
nullity. Thirty days being the limit
| prescribed in the act for all other
notices, se!ecte similar length OF
time tor the returns of affidavits, but !
find that the affidavits are still flowing
into the department in increasing num-
bers, giving me the impression that
short extension of the time may result
in causing many additional corpora
tions to comply with the law. Besides.
| have received within the last few
days nearly 100 letters submitting
questions OF law and fact, which must
be determined and answered before the
| corporations can proceed to make the
affidavit, which they express them
selves willing to do. In addition, /
am in receipt of requests from leading
attorneys, among them Charles p. and
John ID. johnson, OF st. Louis, asking
an extension of time on behalf of q
large number of clients. All these
| considerations lead me to believe that
Justice and equity will be best sub
| served by extending the time as have
| DONE"
"What has been the result, thus far,
of the call2"
at was roughly estimated at the be.
ginning that about 1000 corporations
were addressed and demand made upon
them for the affidavit required by law.
fhis number included 800 Missouri
and $500 foreign corporations doing
| business i'll this state. There has never
been law requiring corporations to
notify the state department of their
dissolntlon, hence every corporation
once organized by the department is
sui on It's books as an existing corpora
ton. There was no discretion per-
united by the law, and therefore the
blank form of affidavit and the letter
were enclosed to every kind and char
acter OF corporation, except those Or
ganized under article 10, as benevolent,
religious, educational and scientific
| associations. Of the number thus
called upon, 500 have been returned as
out of business and $500 have complied
with the law. OF the remaining 900.
at least l 900 are practically dead, leav-
| Ing 5000 corporations to be accounted
for, and of this number nearly 1000
are foreign corporations. whose future
to file the necessary affidavit will be
eventually called to the attention of the
prosecuting attorneys of the state.
Thus, there are less than l 800 Missouri
corporations to be heard from in the
| matter of affidavit"
"Has the law accomplished any real
good as yet?"
"46s. il has dissolved more trusts
than have official Information of. bui
| may say that 1T has perm ,nentIv bro
ken the iniiler's trust. the Winchester
| repeating arms agrePinen, the mo-
lasses and syrupS' agree .nent, the
| tobacco trust and uu nber of
lesser trusts that have auunyed and
harassed the people. In short, think
the experience Of the last 80 days has
done more to destroy trade combiua-
lions and discourage commercial agree
ments made at the expense Of Inc pub
lie than has all the legislation of the
past on that subject"
"Do you think the iaw will stand the
test of the courts?"
81 have no opinion to express upon
that point. 1t is simply my duty t ell
force aud execute the law as | find it,
and the people may rest assured shall
leave nothing undone to enforce this
law. Several so-called constitutional
lawyers have furnished me, publicly,
with advice as to my course in the
matter, but before teaching me my
duty they should have first learned tor
themselves that the secretary of state
is not judicial Officer and that it is
peculiarly the province of the courts to
determine the constitutionality OF legis-
lative enactments."
A REMINISOENSE RATTLE OF