The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-03-20
AGAINST COMBINES
House Judiciary Committee
Presents a Bill Hostile
to All Trusts.
THE ATTORNEY GENERALS OPINION
Full Text Of the New Measure
Will Probably Become
a Law.
he ATTORNEY GENERALS OPINION
Special to the Jerseu Cttu Ns,us.

Special to the Jersey CITY Netns.
TRENTON, March 20, S96.-Mr. Skin
ner. Chairman of the Committee on Judi
ciary. submitted a report upon the resolu-
lions which were offered on February NJ,
by Mr.. Bullock. of Passaic and Mr.. Hogan
of Essex. both of which were directed
against an alleged combination of railroad
companies for the purpose of advancing
the rates for the transportation of coal
or limiting the output of coal, thereby
artifieially increasing the price of one of
one of the necessities of life. The resolu-
tions at that time were referred to the
COMMITTEES on Railroads and Canals, and
that ommitte by way of report pre-
scented a resolution. requesting the Judi
cary Committee to prepare a bill, Wnich
The committee first wrote to Attorney
General Hancock OF New York. asking
TOR copies Of the bulls touching the same
PRODUCED in the New York Legislature by
his advice. Mr.. Hancock sent the COM
mittee the bills, and the committee ex-
presses its thanks therefor in this report.
The report say that the committees In
vestigabon supplemented by several con-
ton. satisfied its members that the New
Jersey law already prohibited any COM
sbination to prevent competition IN any OF
the necessarles of life.
says, was DESTROYS that nothing should
be left undone which was in any way
proper for the Legislature to do. pro-
+ vided that existing law was not reek-
Jessly disturbed. The members. there,,
fore. decided to ask the Attorney General
promptly furnished. The report then
gives in full the correspondence which
Attorney eafon General o stockton. sA'n"ef ~
The opinion of the Attorney General, in
the report. may be summarized as fol
~lows:-First, A combination such as is
described in the resolutions is an Of
Tense against the common law and the
statute law of New Jersey. It is also
Chancery to restrain any such combina-
ton. The only deficiency in the exist
ing law is that it is not an offense for
which a corporation may be indicted.
SecondlThat it is not within the power
of the Legislature to confer upon the AT
torney General such powers OF investiga-
templated in the resolution offered by
Mr.. Hogan. and that it is doubtful that
point a Committee Of investigation, such
as is contemplated by the resolution Of
-fered by Mr.. Bullock. 1t is the province
EThat the Court of ~Chancery should
be given power to make such rules and
orders as will facilitate proceedings
Accompanying the report was a bill
which the committee introduce. which
provides
4@4zf OoA ~ 6t4OA " 4AAS
thereof, that shall make any contract, ar
rangement or agreement, or shall enter
anto any combination for the purpose OF
the supply or price of any article or
commodity in common use in this State,
or with intent to restrain or restrict com
merce within this State. or that shall at
tempt or actually conduct any business
in this State pursuant to any. such con-
bination, wherever the same may be
made. or shall in any manner in this
state engage or aid in carrying out or
any such contract or arrangement, Wher-
ever the same may be made. shall be
deemed guilty or a misdemeanor. The
Attorney General may, in addition to the
power now conferred by law. institute
proceedings in the Court of Chancery in
the name and in behalf of the State of
New Jersey against one or more persons.
trustees, directors, managers or other
officers of a corporation, or against any
strain them or either Of. them from
carrying out in the State any such con-
tract. arrangement, agreement or busi-
agreement, combination or business us
threatened or there is good reason to ap-
provided, Ina nothing herein contained
shall be construed as in any way. de-
priving the Court of Chancery of any
premises. or as in any way limiting the
power now possessed by the Attorney
General under existing laws to proceed
against L. PCISOin VI POl dtiOA CiftCl-
ing into any such combination or MAX
ing any such contract, arrangement or
agreement.
1.-THE Chancellor is hereby given power
to make such rules and orders to regu-
late the p}eadings and practice in proceed
ings instituted or the purpose of suppress
ing or restraining any such contract, ar
rangement, agreement or combination, as
will expidite such proceedings and COM
zion seeking discovery and relief. The
Chancellor. may, at any stage of the pro-
ceedings after the fling of an Information
stion before himself or any one of the
Vice Chancellors of any person who it
Is alleged may possess information tending
to establish the existence of any such con-
tract, arrangement. agreement or coInbin-
alton and may also direct the production
o. any and all books and papers tending
to establish the existence of any such con-
tract. arrangement, agreement or COM
bination.
3-No bill or information filed by the
Attorney General under the provisions of
this act or asking for an injunction to
restrain action under any alleged Illegal
contract, arrangement, agreement or com
sbination, shall be demurrable for multi
fariousness or any matter of form, but
the Attorney General may state the case
as he may deem proper and the Court
may at any time during the proceedings
amend the pleadfngs in such manner as
suits sought by the information or bill.
The resolution introduced by Mr.. Bull
1 1Saf ! re aemnitt t. N IL t5 5ile T npSmbsI pro ~ aea
House should be appointed to procure a
list of the railroads Of the State who
and to form some plan whereby the cor
p~oration so offending might be duly pun
ished.
Mr.. Hogan,s resolution provided that the
Attorney-General be directed to ascertain
whether such unlawful combination
existed or was about to be formed; to
the production of books and papers and to
institute proceedings against the corpora
ton or individuals as the fact developed
upon his investigation might justify.
The repor was received, and 500 copies