The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-12-31

attorney general and accompany your
complaint with full statement of facts,
names of witnesses and the nature of all
the testimony ON which you rely for sue
cessful prosecution. If you do this, l
am quite sure the guilty parties will be
brought to a just punishment. Yours
truly,
"'A. ]. ROSE, Commissioner
"Now, conceding that this is case
requiring the interposition of some SUI
perior governing authority, an authority
that will formulate DEGREES just to all,
whose provisions shall be clear and COM
prehensive and at the same time strong
with the strength to enforce their own
judgment, what redress is possible in
the premises? What remedy is devisa-
BILE to dissipate the wrong, or at least to
mitigate its pernicious consequences
The law on the subject, as it now stands,
is strong in denunciation of it as a crime,
and is perhaps sufficiently punitory in
its nature, but the difficulty in it's appli-
cation is explained by the methods of
our criminal procedure. These methods
require all prosecutions to be begun by
complaints or affidavit, or by informa-
ton, or by indictment These prelimi-
nary steps must be taken before ar
raignment and trial can be reached. This,
of course is time-honored and exceed
often fails to accomplish the laws pur-
pose to uphold the right and redress the
wrong The failure is specially due to
the fact that the criminal procedure
neither compels nor encourages the TAX
ing of the first indispensable action,
which is the formal making of the aft
davit and complaint. Trusts are the
creatures of wealthy, powerful and un-
scrupulous combinations. They repre-
sent concentrated wealth, might and
viciousness, which, ordinarily, the iso-
is not only not anxious to attack, but
! whose displeasure he is rather anxious
to avoid. He is not ambitious to pro-
woke, even in the prosecution of his own
rights, the hostility of a foe so strong
For him, Individually, there is no prom
Use for future personal advantage, nor
hope for immediate personal reward to
result "ven though he succeeds in
convicting the guilty party. This is so be-
cause the consumer, having dearly paid
I the local lumber dealer for his supply, ac-
cording to the trust schedule of prices,
! does not expect to be called upon again
for years, if ever, to purchase more llm-
Der, and again pay tribute to the trust.
| This reflection inclincs in fact induces
! him to let the matter drop as something
that no longer directly concerns himself.
Under the circumstances this reluctance
of tho individual to volunteer formal COM
plant is not altogether unnatural. 1t be-
comes intensified and exaggerated until
the individual whatever his true DISPOSE
ton may he, hesitates and finally fails to
make complaint. To meet this emergency
the law should. think, make the fine that
may be imposed upon the convicted trust
I men payable either in whole or in part to
the complaining prosecuting witness. The
farmers of Texas are especially interested
in this matter, and it would be one of the
helps contributing to their emancipation
from servile servitude to trusts if they
too would become actively aggressive in
sustaining the law. This they could do
through state organization and commit
tees TO ascertain and bring TO justice
every offending case. They could thus
lay the heavy hand of authority upon
guilt and subserve their own and their
cOmmunity's welfare. Trusts have their
own organization that they operate, and
are always found in sleepess vigilance
reaching out their itching hands for I'M
earned dollars.
What l have said about trusts and
their nefarious practices and the remedies
for the wrongs they inflict, applies with
equal force to every character of con-.
spiracy against commerce. They are
mutitudinous in number and all are mer
CHESS in eXactions. | have particularly
mentioned the lumber trust for animal
version solely because it, and it only, of
| them all has been directly complained of
to this department. Warfare, ceaseless
and relentless. should be made upon them
al! through the legally constituted chan
ncis and tribunals of the state until their
existence shall become but lingering
though fretful, memory of the times
when, as preying parasites, they fed upon
the fruits of honest industry and their I'M
satisfied avarice extorted at pleasure for
its own emolument.
THAT the sovereign power represented
in the state has the right through the
media of its legislatures and courts to
regulate these combinations, whether
they have corporate existence or are
merely voluntary associations of individ-
uals, is now certainly esta blished princi-
pie. Before courts can take cognizance
there must be the premise of precedent
legisiatic-. There must be something
for the courts to construe. This some.
thing is the legislative enactment. In
this particular the place of venue is OF
prime importance. Hence. it is apparent
that these enactments should have OK
preston in plain and uneqivocal language
such as is not capable of doubtful inter
probation, but is in all respects prepared
to stand the test of the most searching
judicial scrutiny. In speaking of these
trusts and their pernicious control of thu
! commerce of the country, it may not bt
, out of place to here refer to the Nationa
Congress of Farmers, which was held a
, indianapolis, Ind, during the early day
of the month of November of this curren
/ year. That body iercely denounced al
trusts as deadly inimical to the best in
ierest of the people. The arguments o
facts is always simply unanswerable ant
must always be convincing. One of tn
speakers who addressed the congress o.
f this subject said: Don't fight as on
. that beats the air. / have no patienc
, whatever with those people who are al
ways beating the air. If YOU have some
thing to antagonize out with it; specif
: it; make your attacks directly. II mus
be so, if it is to be effective If ther
= are abuses of any kind in legislation Q
y in the business of the country let us Ii
the pubic eye upon them until we hav
exposed the evil, and then we can trus
the country to make it right. 1t is mi'
+. chievOus to denounce classes. If ther
are trusts let us know it, and bring legi'
/ lation to bear upon them, and then W
l. have accomplished something. Now, this
t, there are trusts everybody knows. Tha
= they are actually operating in the stat
l. is the experience of both producers an
G consumers in Texas. There are none
v escape their hurtful touch. 1t is impo
\ sihle for anyone to be so imperviouS