The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-23
AGAINST THE STATE.
Antitrust Law Declared Unconsti.
tutional, Null and Void.
JUDGE SWAYNE RENDERS OPINION.
The Trial Was In Habcas Corpus
Proceeding.
NOTICE OF APPEAL WAS GIVEN
C"se Grow Ont OF Indictment Of John
ID. Rockefeller nnd Texas Cotton
Seed OIL Men for Conspiracy.
NOTICE OF APPEAL WAS GIVEN

Dallas, Texas February ee.--Judge Chas,
Swaync, district Judge for the Northern dis.
triot OF Florida. sitting by special dcsigna-
ton In the Northern district Of Texas. 10.
day. at Dallas. declared the anti trust law
of this state unconstitutional. null and
void.
The trial was In habeas corpus. growing
out OF the Indictment of John ID. Rockc-
Teller ana number OF Texas cotton seed
oil men. charging them with engaging In .
conspiracy against trade The rclator. WIN.
Grice. stated that his co defendant, VIM L..
Hawkins. had already been tried and con-
victed In the State court under this ipdlct-
ment. and had carried his case to tho court
Of last resort Ia tho state, where he raised
n question OF the unconstltutionaIlty OF tho
act. That said court refused to pass upon
tho said constitutional question and do
any evidence to sustain tho verdict: but re-
manded him for trial and In so doing af-
iirmcd the right Of the State TO hold him
under tho law. Tho roator then sued out
n writ of haboas corpus in tho Federal
court to test the constitutlonaiity OF tho
law. whcreupon the State promptly dis
missed the case. The court said:
Liberty. In it's broad sense, M under
stood In this country. means the right not
only OF rccdom from scrvltudc. imprIson-
mcnt or restraint but the persons right to
Use his faculties In all lawful ways. to 1.-Two
and work where he will, to earn his llveli-
hood in any lawful calling and TO pursue
| any lawful trade or nvocatIon. One of tho
most sacrcd rights Of liberty is the right
Of contract. All OF the rights OF contract
necessary Tor the carrying on OF ordinary
business affairs, are protected by the con-
| stltntion and are not capable Of being re-
strained by legislative action Among
| these rights is that of forming business re-
lations between man ana man. A man may
form business relations with whom he
| plcascs, and IN the conduct Of such bust
ness they may rs and limit the character
and amount Of their business the price they
viii charge for the produce which they offer
to the public, or about which they contract.
| II is part OF the National and civil liberty
10 form business relations free from tho
| dictation OF the State, ana a like freedom
should be enjoyed and secured in detorm-
| ming the conditions and terms OF the con-
| tract which constitutes the basis OF tho
business relations or transactions. 1t 10
therefore the general rule that u man IL
| free to ask for his wares or his services
whatever price he IL able to get and others
arc willing to give. From the title Of the
act IN question. 'Conspiraces Against
| Trade Ms well as from the argument Of
the State, It would seem to no the Inn
preston that the act was only intended -
prevent oppressive and unreasonable COM
| binations There Is no such limit how
ever, within It's four corners
| II embraces the combination OF two or
moro persons, consequently the partnership
| of two persons. Neither ia there any limit
| alton OF the amount OF capital combined
with skill and acts. A small capital with
| n minimum OF skill Is as much prohibited
! as the largest amount. We are not per-
mitted to read such explanation Into It.
| but must take II as the legislature fur
nishes 1t and with such construction AZ the
| rules OF law put upon 1t. 1t makes CRIMINAL
the carrying out Of any contract. obliga-
ton or agreement by which two or more
persons. firms or corporations combine
themselves not 10 sell any article below .
standard or common figure. to keep its
price at fixed or graded price; to settle
the price Of any article between themselves
and others; to pool combine or unite any
|
| Continued ON Third PaGe.