The times. [volume] (Richmond, Va.) 1890-1903, 1897-02-27
THE TEXAS ANTITRUST LAW.

We made a brief allusion the other day
to the decision of Judge Swayne, OF the
United States District Court of Texas.
declaring that the antitrust law of that
state was unconstitutional. The Texas
law is one of the most rigid Of all the
antitrust laws, and has attracted much
attention, there having been some con-
victions under it.
The law defined a trust as "a combina-
ton of capital. SKIN. or acts. by two or
more persons, firms. corporations, or as
sociations Of persons, or of either two
or more of them" for any of several pur-
poses afterwards named. one of these
was TO create or carry out restrictions
of aids to commerce: another. TO IN
crease or reduce the price Of merchan-
disc. products, or commodities; another
TO prevent competition; another TO fix at
any standard or figure any article or
commodity; and still another TO make
any agreement binding the parties there
TO not TO sell or transport any drilt.- be-
low an agreed price, or TO establish prices
Of agreement.
1t then occurred 10 the lawmakers
that such law would interfere with the
business Of selling cattle or farm pro-
ducts, and also with labor organizations
which they knew would cause a great
row In Texas, and 50 they inserted
clause providing that this act shall not
be held TO apply to livestock and agri-
cultural products, in the hands of the
producer or raiser. nor shall IT be under
stood or construed 10 prevent the organi-
cation of labOrers for the purpose OF
maintaining any standard of wages.
with that proviso. the bin was passed.
Suit was then instituted against the
agent OF the Standard on Company. on
the ground that that company had vio-
lated the law and the case finally came
before Judge Swayne for decision. IN
his opinion. Judge Swayne said that II
AN ordinary business partnership was
rendered criminal by this act. no further
argument against it was necessary. and
this was plainly the efrect OF the act
when 1t forbade two CT more persons 10
unite their interest IN sales or transporta-
ton. so that prices might be affected as
under it TWO village grocers doing bust
ness at loss TO each, could not form
partnership IN order to save both from
bankruptcy.
Judge Swayne dwelt particularly on the
fact that cattlemen and workingmen had
been exempted from the provisions CT the
large portion of the community from ITS
provisions. the law became class legis-
lation. and could net stand:
In conclusion. he said:
..'The vice Of the act in question IS that
II attempts 10 prevent too much. 1t does
not stop at reasonable limits. ii Is not
content with making criminal general re
straint OF trade. but II makes criminal
all restrictions of trade. IL is not con
tent with afiixing penalties TO acts or
contracts which unreasonably restrict
competition: IL condemns any agreement
which prevents competition between TWO
or more persons entering into II. TINS
law. that deprives the citizen OF all ms
rights OF contract. and that seeks TO d.
vide citizens. not exactly by the calling
they follow, but by the source OF the
property they hold, and exempts ~ per
cent. OF them from the penalties II visits
upon the remainder. is not sustained by
any good reason or excuse; is not Just.
is utterly without support in law, and
can have no Just purpose: is vicious legis-
lation. depriving the citizen of his con-
sttutionai right OF life. liberty and
property without due process of law. con-
trary to the law OF the land; ana is,
| therefore, declared 10 be null and void.
The case will now go to the United
! States Supreme Court A.A Tia ACCESSION