The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-02
Mr.. Wooten Has introduced a Entirely
New Bill.
A SUBSTITUTE FOR The ARKANSAS LAW
Thinks IL Goes Futhcr Than Does
the Arkansas Law Townro
Protecting the People.

I'm introducing the Arkansas law In the
house II was believed that 1t would iur-
nish a good working basis for discussion
and a full examination OF the points in
volved which, thanks to the enterprise oil
the newspapers, 1t has done in remarka-
BILE degree. But the Juror that has been
raise by the insurance feature OF the Dill
has served to obscure all other questions at
issue and sought to be met by this kind Of
legislation. In my judgment there are
many things more Injurious than the in
surance trust and l do not think the Ark
ansas law reaches them any better than, II
as well, as our present trust statute. me
great evil of trusts and monopoies con-
sists in the establishment OF unjust, uii-
equal and arbitrary prices and trade con-
ditions in all the necessary commodities OF
daily life and subsistence. This is done
not merely nor mainly by combinations
or agreements between corporations, hrms
or individuals but by the actual CONSOLE
dation or amalgamation of capital and en-
terprise In the form of large central ag-
gregation of wealth and corporations UNI
der one name and incorporated aggregation
of wealth and power. This alarming phase
of modern trusts and monopoles is not
at all reached or affected by the Arkansas
law, by our present statute or by any other
legislation on the subject that | have seen
or heard of. 1T is this feature OF the curse
of trusts that we ought to reach by thor
ough examination of the various decisions
OF the courts in regard to trusts and mon
opoles. / have prepared and Will offer a
substitute for the pending bill, which in
my judgment will go very far to prohibit
existing evils and will stand the test Of
| litigation The best feature of the Arkan-
sas law Is the affidavit, but 1t falls to APP
ply to trusts and monopolies seeking char
| tiers or permits to do business In the first
| instance, and only provides periodical in
QUESTION of those that are already estab-
| lshed. | think we ought to go to the root
OF the whole subject and outlaw trusts OF
every kind Judge Peckham of New York,
| in noted case practically held that they
had no rights the law was bound to re-
spect; that being creatures of Legislative
origin they can be restricted or abolished
or banlshed from the purview of the law
whenever the general public welfare may
demand it. ! think that time has come
and hence | will offer this substituts, which
goes far beyond the Arkansas law in its
provisions and prohibitions.
Section |. BE it enacted by tho legisla-
ture of the State of Texas, That trust
Ia any combination, confederation. agree
ment. afhllation, understanding or corpor-
ations or associations of persons and he
tween two or more persons, firms. corpora
tions or associations OF persons, or either
two or more of them for the use benefit Of
behoof of the others or for any Of the
others, for either or any of the following
purposes or which produces or tends &c
produce any or all of the following pur-
poses:
l. To create or carry out restrictions ir
trade or commerce or aids to commerce, Of
TO create or carry out restrictions In this
full and free pursuit Of any business au
thorized or permitted by the laws of thit
State
2. To increase or reduce or to fix o,
regulate the price of any article of manu-
tacture, mechanism. merchandise commod
lily, convenience. utility or value or renair
or any product OF mining. discovery o.
invention, or any article or thing whatso
ever that Is the product of human labor
, service, ingenuity or skill
3. To maintain such prices when so fixed
regulated or raised or reduced, by restric
lions upon the amount of such articles a
above mentioned, or upon the ouantit,
furnished the trade, or by in any name
! or by any device. agreement or arrange
ment controlling the market for such art
icles or engrossing the output or purchas
ing or otherwise securing the exclusive
or controlling share in the manufacture n
4
=. within which the same may be sold or han
aled at certain fixed or scheduled prices
, or by any other means or device ALTERING
!, or destroying the free and normal laws O
! competition trade and commerce In ref
4 erence thereto
, A. To prevent or limit competition 1,
manufacture, making, transportation. sal
or purchase OF any OF the articles aboy
mentioned, or to prevent or limit CONNIE
tltlon in any of the aids and means q
commerce or credit
Y D. TO nix or maintain higher or lowe
prices and rates for any OF said articles a
G one or more places or localities of sale q
purchase than are fixed and maintained a
Y other places or localities under the sam
similar conditions as to transportation
l cost OF production and other element
e talrly entering Into the normal ana fro
market for such articles If sold or handle,
g without such regulations or Restrictions q
Q to rate or prices ="
.. TO create. make, enter into or becom
parry to or to carry out or execute an,
contract combination, confederation anal
latlon' agreement, contract or obligation o
: any Kind or description. bv which ths,
shall bind or have bound tbemse,,,as Wv q
either OF any of them not to sell. iisnoss n
or transport any of the articles or thing
herelnbetore mentioned below a commo,
a hgure or standard, or by which thew agre
OF nave agreed in any manner or by an,
device or method OF dealing between thew,
serves or with the public to keen The nrIc,
OF said article or things at fixed or grad
ed hgure, or by which they SHAH IN on,
manner or by any device Whatsoever es
iahiish or settle the price of anv NJ sal
: articles and things between Themselves -,
between them and the public, and tn nre'
: eiude a free and unrestricted comnetitior
, among themselves and Others or In ~
, trade at large in the handling. production
) sae or transportation OF any OF said art.
: ieles' commodities or things above men.
/ TONED, or by which they shall agree q,
} nave agreed 20 pool, combine, unite n,
! alniiate any interest they or any of than
may nave 10 connection with the produc.
: uon. manufacture, sale or TRANSFORMATION
OF any OF said articles or Commodities -
as 70 In any manner or to any extent az
reetiy or indirectly, affect the price az ths
, same HNe VI the
, (S.) To fix or regulate or maintai, ., /,
hxed or graded standard the rafes %
prices for insurance upon life or nronert :
: OF every description, against every on any
: KIND OF risk, and whether against total ~
partial loss. Wal OF
, Sec. 2 Under the various forms NJ con,
plnation, confederation. afiliation con-
tract asreemsnS undertaking. associs-
ton or understanding nentinna5 a, - :