The daily morning journal and courier., 1896-02-20

anu t4lSo aS 10 the llnllleu ana IeSNflcleu | | powers of that body to delegate It's authority, am led to the conclusion | | that the legislature would not be jus | titied in attempting by joint resolution of the senate and assembly to confer | upon the attorney general or any state ! officer the powers of an Investigating | committee appointed by either house. Assuming that state officer undertook | such investigation and witnesses re- | fused to appear and testify or produce books and papers, would such refusal be contempt of the legislature? Man l lfestly not. Subdivision 6 of section 1 | of the legislative law provides that a | person may be punished for contempt | for the following offence among others: Neglect to attend or to be examined as a witness before the house when duly required to give testimony in lagisla- l tive proceeding.'
 Sections 6S and 69 of the penal code read as follows:
 Section 6S.-A person who, being duly summoned to attend as witness before either house of the legislature or any committee thereof authorized to sum mon witnesses, refuses or neglects with out lawful excuse to attend pursuant to such summons, is guilty of misde- meanor.
 Section 69 A person who, being present before either house or any com mittee authorized to summon witnesses, wilfully refuses to be sworn or affirmed, or to answer any material or proper question, or to produce upon reasona- ble notice any materials and proper books, papers or documents in his pos session or under his control, is guilty of a misdemeanor.'
 T believe that the court would hold that a committee of the house must of necessity be composed of members of the house elected by the people to rep resent them in the legislature and not Q committee of public officers or individ- uals appointed by resolution. Legisla- tion would therefore appear to be necessary Accordingly I submit for your consideration two proposed laws, which must necessarily be enacted be- fore the attorney general would be jus tified in attempting to enter upon the investigation referred to in your resolu- ton. One is an amendment, or rather an act supplemental to the executive law, and authorizes the attorney gen. eral either personally or by commits sioner to be appointed by him, to com pei the attendance of witnesses before him or the commissioner, who, upon such attendance, may be examined un- der oath and compelled to disclose the facts relative to any unlawful contract or combination in restraint of compe- tition of trade. Something more is necessary to protect the people from the effects of unlawful combinations and trusts than the mere right to main- tain an action.
 The attorney general has no author ity to summon witnesses before him or to compel their testimony, should they voluntarily appear. The wisdom of such legislation or of conferring upon a state officer powers, somewhat arbi- trary and somewhat inquisitorial in their nature, in my judgment should be carefully considered
 Tt is not the policy of the law or of the courts to destroy corporations through which large volumes of busi- ness is carried on, and in which fre- quently the accumulations and earn. ings of citizens are invested, unless the case be one of great misconduct. It may frequently be more desirable to re- strain illegal acts than to inflict the ex- treme penalty of the law. The code of civil procedure does not in express terms authorize the commencement of such an action, especially in the case of a foreign corporation.
 "All of which is respectfully sub mitted
 "Signed T. F. HANCOCK,
 Attorney General y
 Accompanying the attorney general $ report on the Robbins Coal Trust reso- lution he submitted two bills which der oath and compelled disclose the " out the provisions of the resolution, which requests the attorney general to examine and investigate the combina- , ton alleged to have been formed by the coal carrying roads to raise the price of coal.
 The first bill amends chapter ZIG of the laws of 1893, which is entitled "An act to prevent monopolies in articles of general necessity" by inserting new section in the law to be known as sec tion as follows:
 : Section g. Every corporation or off, , cer thereof that shall make any con- tract or engage in any combination, ar engagement or agreement in this state, , whereby competition in the state of New York in the supply or price of any article or commodity in common use for the support of life and health may be restrained or prevented, or whereby the prices of such articles or commodi- } ty may be advanced, or that shall att tempt or actually conduct any business in this state pursuant to any such con- tract, arrangement, agreement or com- bination, wherever the same may be made, or shall in any manner engage or aid in carrying out or executing the agreements contained in any such con- tract or arrangement, wherever the same may be made, shall be deemed guilty of misdemeanor.
 "The attorney general may in addi- ton to the power now conferred by law bring an action in the name and in be- : half of the people against one or more
 trustees, directors, managers or other officers of @ corporation or against any - corporation, foreign or domestic, to re- strain them or either of them from car
 rying out in this state any such con-
 tract, combination or business, or from l engaging in any such contract, combin-
 ation or business in this state where
 such contract, combination or business