Courier Democrat. (Langdon, N.D.) 1891-1920, 1891-08-27
Out Of Business.


Northwest News: The comments of
the News upon the elevator combina-
tion to resist the law have been few.
Their is u point, however, which the
combination and their able attorneys
have overlooked. These elevator COM
panies have all file their charter under
the state law and are to that extent
state concerns. They are subject to
the anti trust article of the constitu-
tion which is so sweeping in its provis-
ions that it will not only sweep the ell
evator companies out of existence but
escheat their properties to the state, if
enforced as prohibition is sought to be.
Their combination is clearly one to.
control the price of a product OF the
state, for the real object in resistance
is not to avoid the reports which can
be made with little extra trouble, but
to prevent the inspection and grading
which would fix the price of the farm
ers' superior product. Upon this point
the courts have spoken in half doz-
Oh states recently. Here is one of them:
A Chicago firm of stenographers
agreed to do public work for less COM
pensation than that agreed to previ-
ously by it in conjunction with other
firms. Another firm compelled by the
lowered rate of its competitor to accept
less pay than it could otherwise have
obtained, sued the first for damage.
The lower court decided for the plain
tiff. but the Appellate Court reverses
the finding, saying in the opinion.
Any agreement which in it's object
OF necessary operation tends to dimin-
ish competition as to anything the pub
lie should use: is void. Public policy
requires that the public shall obtain
the things necessary for it's use upon
fair competition in a free and open
market. The services in this case were
rendered for the public and the public
authorities have no right to pay a lar
ger sum than that for which they could
get the work satisfactorily done. Any
agreement depriving the county of it's
right to secure the performance of this
work from any one competent to do it
was void, as opposed to public policy.
In our state, the constitution prohi-
bits all such combinations to control
! the price of products, transportation or
exchange. The railroad commissioners
are bound by the same law. If the ell
evator companies resist the law, it will
be the duty of the railroad companies
to furnish cars at every station to ship
direct. The elevator companies can
not afford to assume the position Of
James G. Blaine, that "a trust is pri-
vate affair" Wheat marketing in the
Northwest, by reason of railway and
elevator combinations, has become a
public affair, subject to regulation. No
court could stand before the people,
that set aside their law and decided in
favor Of an outside trust formed ex-
pressly to control the price and grade
of our wheat as it did when we were
satrapy. We are a state now:
North Dakota's constitution was
framed expressly to knock out such an
unlawful combination as that made by
the elevator companies to resist the
law. Sec. 146 is as follows:
TRUSTS AND COMBINATIONS UNLAW-
FUL.
Sec. 146 Any combination between
individuals, corporations, associations,
OF either, having for its object or effect
the controlling of the price of any prod
uct of the soil OF any article of manu-
facture or commerce, or the cost Of ex-
change Oh transportation, is prohibited
and hereby declared unlawful and
against public policy; and any and all
franchises heretofore granted Oh ex-
tended or that may hereafter be grant
ed or extended in this state, whenever
the owner or owner thereof violate this
article shall be deemed annulled and
become void.