The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-01-30
MAJOR GUTHRIE ON TRUSTS.
THERE Is A REMEDY AND IT Is POINTED
OUT.

"A License Might be Required Of All Cor
porations, and il Need Not be Granted
If it Were Discovered that the Corpora
tion was Violating h Law--As q
Matter of Fact there are Trusts in
North Carolina Existing in Open VIC
1ation Of the Law--The Law in the
Case-A Postscript in Which PROBES
sor DoWd's Arguments are Replied 10.
To the Kditsr OF the Charlotte Observer:
Article VIII, Sec. 1, constitution of
North Carolina provides: Corpora
tons may be formed under general
laws, but shall not be created by special
act, except for municipal purposes,
and in cases wherein the judgment of
the legislature, the objects of the cor
poration cannot be attained under gen
4eral laws. All general laws and special
acts passed pursuant to this section
may be altered from time to time, or
repealed" Same article, See. 3, pro
vides: 1.-THE term corporation as
used in this article, shall be construed
to include all associations and joint
stock companies, having any of the
powers and privileges of corporations,
not possessed by individuals or part
nership."
Turn now to chapter 16, vol. 1, Code
of North Carolina, and read: Section
s94: How corporations may be dis
solved" etc. "An corporations formed
under this chapter may be dissolved
by special proceedings, instituted by
the company, or by any ~corporator, or
by any Judgment creditor, whose exc
cution issued to the county in which
the corporation has its only or princi
pal place of business, shall be returned
unsatisf1ed, or by authority of the At
tOrney GeneraIin the name fthe State,
for the causes hereinafter mentioned,
to wit: For any abuse of it's powers
to the injury of the public" etc.
Sec. 686: ut shall be the duty Of the
Attorney General to bring an action in
the Superior Court of thescounty, as in
this Code directed, to restrain by in
junction, any corporation from assum-
ing or exercising any franchise or
transacting -ary business not allowed
by it's charter; to restrain any person
from exercising corporate franchises
not granted" etc.
Sec: Tel: This chapter, unless other
wise declared herein, or in the chapter
entitled Railroads and Telegraphs,'
shall apply to all corporations, whether
created by special act of Assembly, by
letters of agreement under this chap
ter, or by the chapter entitled Rail
roads and Telegraphs, and this chap
ter and the chapter on Railroads and
Telegraphs.' so far as the same are ap
plicable to railroad corporations shall
govern and control, anything in the
special act of Assembly I the contrary
Notwithstanding, unless in the act of
Assembly creating the corporation, the
section or sections of this chapter and
of the chapter entitled Railroad and
Telegraph Companies, , intended to be
repealed. shall be specially referred to
by number and, as such, specially re-
Pealed."
Chap. s74. acts of 1889, entitled can
act to prohibit trusts in the State of
North Carolina and to provide for the
punishment of persons connected with
them" ratified March 18th, 1889. de-
fines what a trust is, and in section 3
provides: "1hatany persons, company
or corporation who shall form or at
tempt to form, a trust in this State. or
the agent or representative of any trust
In any State or county, who shall at.
tempt to carry on operation in this
State shall be guilty of a misdemeanor
and upon conviction may be fined not
o than @1o, OOe' ten thousand dol,
lars, or may be imprisoned not more
shan ten years for each offence"
On page SOC, Public Laws of 1898,
there is a concurrent resolution of the
State Senate and House of Represen-
tatives requesting Jul Senators and
directing cur Representatives in Con-
gress to procure the enactment by the
Congress Of the United States of the
strongest and most efficient laws to pre-
vent and suppress and trusts and com
binatiOnS which tend to depress the
price of agricultural products and to
increase the price of manufactured
goods, and which in any way interfere
with the natural and healthy laws of
trade"
Sec. $50 of The Code provides: "No
person offered as a witness shall be ex
cluded by reason of his interest in the
event of an action"
Now aa ia ava mi0etiOO IF Dartiec.