The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-01-17

Some of them are certainly in need of
enlar cement or more liberal appropria-
tions. Chief. in my opinion. is, regret
to say, the need of additional prison ac-
commodations. This necessity, long ex-
isting. has now become imperative. The
evil consequences of the overcrowded
condition of our single prison are admit
ted, but hitherto have seemed unavoid-
able. They should be remedied, either
by an addition to the present building,
or, If our means permit land which re-
gard as far preferable). by the erection of
an intermediate prison or reformatory,
apart from the present institution. for
the incarceration and possible reforma-
tion of youthful and first offenders.
would not be understood as recon-
mending an appropriation for any pur-
pose beyond what may fairly and reason
ably be predicated upon the revenues Of
the State. as at present existing or as they
may properly be increased, by mora
nearly equalizing the taxes paid by rail-
road corporations to those paid by indi-
viduals. Under present conditions, /
would not suggest increased taxation. as
a means to larger or future appropriations
in any case, being well aware that an
OVERLOOKING treasury is the parent of
extravaganza, and present or prospec-
tive surplus an inducement and tempta-
ton to wasteful expenditure. The neces-
sary prison appropriation can by economy
in administration, be met from funds in
hand and revenue to be received. Other
appropriations. not of such immediate
pressing Importance. can be deferred.
WORD ABOUT TRUSTS.
Prominent among matters now engag-
ing public attention is that form of COM
oination for business purposes, popularly
denominated "trusts"-wnich tsrm. con-
trary to its usual acceptation, is, in this
instance, used to signify a combination
of individuals or corporations, for the
purpose of controlling the manufacture
or production Of an article Of trade or
commerce by regulating the supply there
of in such manner as to be enabled to fix
its price at pleasure, thus tending directly
to the establishment Of monopolies.
That combinations of interest for mu
tual profit may, within certain limits, be
legally and justifiably made, cannot be
questioned. Such is the object of every
partnership and corporation, the forma-
tion of which are provided for. if not
encouraged by law. Every combination,
of Whatever kind, for the purpose of trade
or commerce, must, to degree, destroy
individual competition, and thus tend to
the enhancement of prices. Writers on
political economy, from the earliest
times to the present. are agreed that
monopolies and combinations in restraint
of trade are against sound public policy.
The creation of monopolies was pro-
hibited by magma chGTtG and the grant
thereof by the king declared void.
Thomas jefferson, while favoring the
adoption of the Federal Constitution as
originally framed. both before and after
its ratification, strenuously urged the in
sertion of provision against monopolie,
regarding it as Of supreme importance
In several of the State Constitutions
monopolies are expressly forbidden and
denounced as odious, and the courts have
uniformly exercised restraining power
over them.
Where. then, Is the line between jusGih-
able and upjustifable combinations?
The correct distinction appears to
be, that where the restraint
of competition is but limited and
inevitable, simply the natural con-
sequence and not the intent. the COM
bination is not improper; where the
object is to destroy competition and obtain
control of the main or entire production
and supply of any commodity, although
not specially interdicted by any statute,
such combination is unlawful and void.
as against public policy. If, to that un-
lawful object be added, the intent tc
exact an unreasonable price, (of which
intent the combination may itself bs
evidence) the offenses of "engrossing'
and ''forestalling the marKst" are actually
committed, both Of which were indictab,t
and punishable at common law, as they
are under the statutes of this State.
COAL, WATER AND GRAIN.
These combinations become particu-
larly obnoxious, when the object is te
control and monopolize the supply Of any
commodity Of necessary daily use and
consumption-such as the cereals, fue
and water. In the matter OF fuel, the
Courts of the State are now dealing witt
a combination, apparently formed to con
troll the coal supply, and which the
learned Attorney General, in an off1cia
communication, has characterized a:
''the largest and most formidable con-
spiracy, to control the price of neces-
sary of life. ever formed In any country
Private parties and corporations are al.
so now claiming aud asserting ownership
not only of the sources Of the potable
water supply in the northern part of tn,
State, but the supply itself, with th'
right of storage and sale. This Is I
| matter of universal concern, and IL suci
claims be well founded. and not agaius
public policy, it is manifest that, ulti
mately, very large proportion of ou
population will be dependent for this alb
soule necessity of life, upon the de
mands, extortionate or otherwise. o.
hose controlling Its supply. On this sub
| ject, fully concur with the views o
Governor Albeit, expressed In his an
nual message of 1892, ''that the attempt
of private corporations to withdraw waite