Evening journal., 1897-03-10

Classihcations OF Trusts Taken From |
Ernest Won HalIes worls-DecIares- the
Commuters Findings Are Old aud Its
Only Recommendation Already a Law.
ALBANY, March 10. - Assemblyman
Fred ID. Robbins Independent Republican
from Allegheny county, who was tho au-
thor Of an antitrust bill in the last legisla-
ture makes the following comments on the
report and recommendations Of the Lexow
investigation committee:
The author of the trust committees
report has undoubtedly digested chapter 4
of the little work Of Ernst Won Halles on
trusts, and let us hope he has been CORE
spondingly benefited The three classh-
cations of monopolies are identical with
Won Halles'.
"As the latter printed his book moro
than a year go it is fair TO assume that
Senator Loxow went to Won Halles rather
than that Won Halles came 20 the senator
for these classlfcations. For the informa
ton obtained on this point a costly inyes-
tigation was hardly necessary. The legal
questions discussed are all matters Of rec
ord, readily accessible in any lawyer Ii
brary and quite as competently discussed
by others equally as learned as tho writer
Of the report. So IL can bo truthfully said
again that no investigation was necessary
To obtain that information. The commit
tees recommendation concerning overcap.
italization or stock watering is negative
and tantamount to an admission that no
change is desired in that direction. The
burden of the report is the foreign as con-
trasted with the domestic corporation. The
question Of the taxation OF foreign corpo-
rations is not germane TO the main inquiry
upon which the committee set ont and re-
quirgs no comment
Power to Bring Civil suits.
''The special recommendation Of the re-
port Is as 10 empowering tho citizen to
maintain civil suit and as to the issue Of
injunctions, Provision may be made for
the refusal or revocation of licenses to
transact business in this state, but this
would seem too radical remedy, says the
committee.
Let us see whether a full knowledge Of
existing law is evinced by such state
ment Last year the legislature passed
and Governor Morton signed an amend
ment TO section / ,94S Of the code of civil
procedure, known as the Wilcox Robbins
amendment. 1t specifically authorized the
attorney general on his own motion or up
on the complaint Of any citizen 20 prose
cute a foreign corporation which exercises
any corporate rights, privileges or fran
chises not granted TO it by our laws OF
which has violated any Of our laws OF
which - mark the language - exercises
within the state any corporate rights, priv
ileges or franchises in manner contrary
to the public policy Of the state.
1.-The committee suggests that the SUI
prone court be given power TO issue in
functions pending the determination o
such actions. BY turning to section ] ,95i
of the same code Of civil procedure will b.
found another amendment, also passed las
year, providing for iniunctions both tenn
porary and permanent and Of the precis
character and for the very purpose recon
mended by the committee
'This entire question is purely con
struction Of statutes, decisions and consti
tutional law, a question which the TIVE
judiciary could have determined at one sit
ting, and so again no investigation was a
all necessary for obtaining information re
specting them.
1.-The committee seems to roturn to th
same ground occupied by the bill that die,
in the executive chamber last year, wa
introduced again this year and is some
times spoken of as the Cantor Robin
bill, whose purpose is to authorize the at
torney general to institute a preliminar.
investigation TO obtain evidence by com
pelling the officers Of these corporations Il
produce their books and papers.
ANY Immunity to be granted then
should be immunity from criminal prose
cution. Perhaps some lawyer can demon
strate why it should bo immunity fro1
civil prosecution"