The Topeka state journal., 1897-11-05
IS 1T A WEAK LAW?
The Farrelly Antitrust Law
Unconstitutional, Perhaps.

George r. Smelling, assistant attorney
general, commenced an investigation
before Judge Stilweu at Chanute
yesterday, and, aided by County Attor-
ney w. r. Cline and Senator H. P. Far
reilly, author of the antitrust law, Sc
cured evidence which indicates that the
grOcers of Kansas, engaged in a whole
sale or jObbing business, are members
of a trust or combination and operate
under agreements and regulations
which control the price of sugar and
other articles of trade.
Contemplating the provisions of this
law and the definition of a trust, the
officers of the Wholesale Grocers' asso-
citation have maintained that they do
not maintain trust. a score of trav-
cling men We're examined yesterday and
each admitted that they adhered to a
certain schedule of prices, and depart
ure from that schedule meant a forfeit
ure of their pOsiEiClnS.1v. The articles
which are shown to, reach the cons inner
under such restrictions, are sugar, to-
baccO, soap, yeast, Iye and numerous
other staples.
Upon the evidence secured yesterday
the attorney general proposes to bring
a suit to dissolve the trust among the
grocers.
w. N. Todd of LeavenwOrth is sec
retary of the Wholesale GrOcers' assO-
citation.
George R. Smelling, assistant attorney
general, believes this law is uncOmsti-
tutiOnal, and has frequently so express
ed himself, yet he is. as matter of du-
ty, making an effort to show that
trust really exists among the wholesale
grocers and jObbers.
Under the law, when such facts are
established, two methods are provided
for dealing with these combinations.
The first is by injunction against the
association and dealers; second, by ar
rest and DTOSPcutiOO of the agents
representatives of the concerns alleged
to constitute the trust.
The law provides that upon request
of the county attorney or attorney gen
eral, a judge of any district may sub
pOena witnesses, take testimony and
conduct an investigation for the pur-
pose of ascertaining whether or not
trust exists. When this is accomplish
ed prosecution of the agents or pro-
ceedings against the members of an al
legged trust, may be had upon the evil
dence so secured. hmm ediately follow
ing this provision, however, there is an
other in the law which explicitly de-
clares that ANY person SubpOenaed and
examined shall not be liable to criminal
prosecution for any violation of the act
about which he may testify. Neither
shall the evidence of any such witness
be used against him in any criminal
proceeding.
The law is one of the broadest ever
enacted in Kansas. Strictly speaking,
even a person who buys goods sold by
a trust, is guilty of violating the law
and may be subject to punishment In
a recent conversation with reporter
for the Journal, Mr. Smelling, who is
conducting the investigation on the part
of the state, said:
1.-The law is too broad. The title is
defective. It contains unreasonable
and illogical propositions, and it is my
candid opinion that should it ever reach
the supreme court, it will be declared
unconstitutional and void"
Another feature of the law provides
that it is unlawful for any person or
persons to enter into a combination for
the purpose of increasing or reducing
prices of merchandise or commodities.