The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-12-26
WHAT is A TRUST
Judge HaZen Defines Them In
Court pOiniOn.
When an Association Becomes
AmenabIe to the Law.
OF TRADE.
Organization Must In SOmeMan-
ner Interfere With Business.
Nothing Can Be Done to Pre-
vent Competition.

In defining a trust and instructing a
jury in the district court recently,
Judge Hazen said:
"A trust is a combination of capital
skill or acts by two or more persons,
firms or associations of persons entered
poses: To create or carry out restric-
lions in trade or commerce, to increase
or reduce the price of merchandise, to
prevent competition IN the sale or pur-
chase of merchandise, to fix a standard
whereby the price of merchandise to
the public shall be in any manner con-
trolled or established, intended for sale
or use in this state; to attempt to eS-
tabIlsh or settle the price of any article
or commodity between them or them
selves and others, to prelude a free and
unrestricted competition among them
selves or others in the sale or manu-
1acture of any articles of commerce, or
to carry out restrictions in the full and
Tree pursuit of any business authorized
or permitted by the laws of this state.
And any such com binatiOnS are against
public policy and unlawful.
Any body or combination of persons
acting in concert to create or carry out
restrictions in trade or commerce, to
prevent competition in the sale pur-
chase of merchandise, to fix standard
whereby the price of merchandise to
the public shall be in any manner con-
trolled or established, intended for sale
or use in this state; to attempt to es-
tabnsh or settle the price of any article
VI tOIllII1OO1ly between them or Ine11l-
selves and others, to preclude a free
and unrestricted competition among
themselves or others in the sale or
manufacture of any articles of COM
merce, or to carry out restrictions in
the full and free pursuit of any bust
ness authorized or permitted by the
laws of this state, constitute an IN
lawful organization or conspiracy, and
all persons who are members of such
organization or conspiracy, and all per-
sons acting in concert with them, are
liable for the acts and conduct of any
one of the members thereof while en-
gagged in carrying out the plans and
purposes of such organization or con-
spiracy, and each person who unites in
forming any such conspiracy and does
some act in carrying out the cOnspir-
acy as formed, shall be liable to any
person who suffers damage by reason
of the conspiracy so formed and the
unlawful act committed in carrying out
such conspiracy And where a. con-
spiracy is formed for an unlawful pur-
pose, then each member of the cOnspir-
acy is liable in damages for the acts of
his cO-conspirators in carrying out the
purposes of the conspiracy. But if the
organization or association is organized
and conducted for a lawful purpose,
and some member thereof does an I'M
lawful act, Shen tie other members of
the association would not be liable in
damages for such unlawful act al
though it may appear to have been
done in the interest of the association
or its members.
Persons engaged in business may
band themselves together for the pur-
pose Of elevating their trade and hold
ing those engaged in that rsiness to a
higher degree of skill ano Efficiency in
the performance of their work. so that
the public in dealing with them may re-
ceive more reliable and better class
OF work They may also associate
themselves together for the purpose of
securing honest competition in trans
actions with each other and in the car
hlISinaGG
scribe rules and regulations to govern
the members, and so long as that which
they do does not come within the defin-
ition of trust or conspiracy as herein
explained there can be no liability on
them on account of any such organiza-
ton or association