The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-24
A FLOWERY BRIEF.
One Filed I'm the Twentieth Century
Conpany Suit.

A brief has been flied in the Superior
Court in the suit Of the Twentieth Century
Plumbing Company against the Knigh &
Jillson Company, the Northumberland
Company and the Comstock-Coonse Com
pany. The brief is filed by the attorney for
the plaintiff. The Twentieth Century Com
pany brought suit against the other COM
panies mentioned to compel the defendants
to sell supplies to the plaintiff. 1t Is claimed
that the defendants declined to sell these
supplies because the plaintiff was not a
member of the Master Plumbers Associa-
ton.
The brief filed by the plaintiff has ex-
cited considerable interest among lawyers.
In the first place the brief asserts that The
courts of this country lean strongly in favor
of the validity of the statute" In referring
to an alleged combination entered into be-
tween the defendants, the brief says: Be
cause such agreements deprive the citizens
engaged in this line of business in this State
Of the pursuit of happiness, guaranteed by
our State Constitution, and nullifes the
declaration that all men are created equal
and endowed with certain i~na.ienabre
rights; among them life. liberty and the
pursuit of happiness. Our State Constitu-
ton says that all power is inherent in the
peOp.e and that all governments are insti-
tuted for their peace. safety and well-be-
ing. For the advancement of these ends the
people az all times have an indefeasible
right to alter and reform their govern
ment. In Undertaking the consideration of
this question re are brought TO a realiza-
ton of the fact that this court, in It's ca
a defender OF the State, its welfare and
the well-being of the pubic, is treading
upon new ground; that the soil is virgin,
that there still stands the forest primeval:'
that there are no precedents to guide US
In this State except by analogy. However,
like the pioneer traveller. we are not lost.
We still have the sun. moon and stars.
natures moss and the trail to guide US.
So while our Supreme Court and judicial
precedents in this State are silent. yet we
have our Constitution, the decision of the
Supreme Courts of other States. and the
presidents of the common law and its
policy to aid us in determining whether or
not the Determinations and agreements
charged in the complaint are in harmony
with the public policy. the principles Of lib
erty, equality and the well-being OF this
1.-THE pole star of Roman Jurisprudence
was the maxim. 'Salus populi est suprema
lex'-the health of the people Is the SUI
ing as old as Lord Hargrave's tracts 10
was that amy business affected with
a public interest Is subject to public con-
trol.' What view have our courts
taken of these questions? What is the ten
dency now? What will be the result to our
State if such combinations and such agree
ments are held valid, and such discrimina-
lions are allowed to continue ad libitum?
The welfare of our future State and the
millions OF its peoples, tradesmen and ar
tisans. banker and the man with the hoe
all alike. are bound up in the answer that
will be given by this court to the ques-
tions raised by the demurrer in the above
entitled cause. If these four defendants can
agree TO discriminate against the members
of an industrial vocation. why cannot all
the dealers In the State do the same thing?
If the last be so. what becomes OF the COM
mon law and judicial hostility to monopoly.
and TO all agreements in restraint Of trader"