The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1895-06-22

rho wh,sky rrost Declared A Illegal
| Cono<rn-
Srh1noriRLD, Ill. June 1s-The de-
cision handed down by the supreme
court Thursday morning in the whisky
1 trust case In which the decision
| Of tho Cook county court de-
clarinQ the trust Illegal Is af-
! firmed, Is one of the strong
est arraignments OF combinations
for the purpose of cornering or
controlling prices In products ever
promulgated by any court. The lam
guage is of no uncertain character,
and has given Attorney General Mo-
loney and his assistants much satisfac-
ton. The principle of corporations
and trusts of this character is hit hard
by the court, and the attorney general
feels that the principles underlying
the decision are broad enough TO in
cludc the Pullman company. He feels
that the adverse decision In the Pull
man case viii be reversed on reaching
the Illinois supreme court.
The opinion is voluminous, contain
ing forsy-nine pages OF closely-written
type manuscript. and goes fully into
the details of the case. Many citations
are made, among them Chicago gas
and the match trust, 70 which, the
court maintains the whisky trust bears
similarity. This deduction Is made from
the fact that the Chicago Gas and
Diamond Match companies exceeded
their charter rights by engaging in
lines of business not granted in their
charters The whisky trust, the court
maintains, exceeded its charter by
forming combination to control
prices rather than TO manufacture
whisky.
In speaking of the claim made by
the appellant that the surrendering
and gathering In of stock Of different
distilleries purgcd the trust Of IL
legality, the court maintains that
this is false presumption. To quote:
There is no magic in the trust certifi-
Gates that can purge the trust scheme
Of its illegality."
The gist Of the decision is contained
in the following paragraphs:
hut IL Is urged that the defendant by
It's charter Is authorized TO purchase
Ard own distillery property, and that
there Is no limit placed upon the
amount Of property which 1t may thus acquire
BY It's certificate OF organization 10 Is
authorized TO engage Ia a general dlstillery
business IN illinois and elsewhere and
70 own tho property necessary for that
purpose II should be remembered that
grants OF powers In corporate charters are To
be construed strictly and what Is not given Is
by implication denied. The defendant Is au-
thorized 10 own such property as Is necessary
for IT'S business and no more Its power 70
acquire and hold property Is limited TO thai
purpose.
I'm acquiring distllery properties IN tho
manner and for tho purposes shown by the In
formation. the defendant has not only mlsused
and abused the powers granted by It's charter.
but he has usurpcd and exercised powers not
conferred by but which are wholly foreign 70
that instrument Irhas thus rendered itself
ranto and we are OF the opinion that upon the
facts shown by tho Information the judgments
OF custer Is clearly warranted"
Although the trust il really out Of
existence, by the provisions of the
statutes Of this state the odor OF
the trust viii continue to hang
around these parts for The period Of
two years The reason for that APP
parently strange anomaly is that two
years time is considered necessary for
winding up the affairs of great cor
poration. So. for number OF legal
purposes. the Cattle-Feeding and Dis
tiliing company will exist for two
wears.