The representative. [volume] (St. Paul, Minn.) 1893-1901, 1899-11-09
VERY IMPORTANT
THE SUPREME COURT OF ILLINOIS
MAKES A VERY RADICAL DECIs-
ION, WHICH KNOCKS THE
TRUSTS "GALLEY-wEsT."
FUGES BRUSHED ASIDE AND
THE PEOPLE TRIUMPH

10H fGOtLE THxUMFHI
Copies of the supreme court deci-
sion In the glucose case were received In
Chicago yesterday, and were eagerly
read by lawyers who could borrow them
and as eagerly discussed in clubs and
places OF business. General opinion
seems to be that the findings of the
court are more radical and severe than
the early synopsis of the opinion indi-
Gated.
s. +. Shope, former justice of the SUI
preme court, declared that it was a
death blow to the operations of trusts in
this state Attorney James H. Raymond,
who has made speciality of corporation
laws, asserted that the court makes a
new. radical and far-reaching pro-
nouncement Of the highest Importance,
ana which, II 1t becomes the law of the
land by legislation and adjudication in
other states, will constitute a more radi-
cal remedy against trusts than has vet
Deen proposed. He claims that it will
corporations and render congressional
action either with or without an amend
ment to the federal constitution un-
necessary
NEW POINT AGAINST COMBINA-
TIONS.
The point referred to by Mr.. RAYMOND
Is new. The court declares void all
transactions whereby each of several
corporations sells it's entire plant and
good will to new corporation for the
purpose and with the result of affecting
prices, limiting output, closing factories
or otherwise creating a monopoly con-
trary to the public good, even though
there is no written agreement or under
standing to that effect If the court
may rightly infer from the actions of
the parties only that such is the purpose
and such is the result, then such trans
fers will be declared void and the prom
erty must be returned to the original
corporations and the consideration re-
turned
This point broadly stated is to the
effect that two or more corporations
may not unite or transfer their entire
plants and good will to single corpor-
alton If the court may properly infer
from the act of the parties that the re-
suit would be monopolistic combina-
ton which would unjustly limit comne-
tltlon be in restraint Of trade or other
wise prejudicial to the public veal.
1t matters not what form the combin
atlon may take nor the plan upon which
1t was organized. The court announces
the doctrine that it must not look upon
the mere form of the organization in
which the parties may have placed the
combination, but beyond the form and
into the substance and effect of the COM
Dlnat1on. The court plainly declares
That whenever 1t can be shown that the
purpose of the combination is to obtain
control of the manufacture of an article
consumed by the people, and thereby
to control the price, such combination
should be declared illegal and its charter
dissolved.
OLD DOCTRINES REAFFIRMED.
Other points in the opinion are large
~ reaffrmation of the doctrines estab-
ilshed by other decisions First, it is
held that all foreign corporations doing
business in this state do so by virtue of
the courtesy of the state and under the
rule of comfy between states. and are
subject in all their transactions to the
laws and rules Of this state. Second.
the right of a minority stockholder to
Inquire into the transactions by the
board of directors which upon their face
come within the discretion legally exer-
cised by the board, is sustained.
The opinion is prefaced by a copy of
the bill in the case, and in the beginning
Justice McGruder establishes the right
OF the court to discuss the facts which
developed in the testimony taken, not
withstarding the withdrawal of most of
the answers filed by the trust people.
The testimony is then exhaustively re-
viewed. Attention is called to the fact |
that glucose cannot be successfully
AAoAuAoSSuAcu except IN what is known |
as the corn belt," which constitutes an
ellipse about $50 miles In length from
east to west, and 7o0 mites in width
with Peoria the geographical center
and all within 1000 miles of Chicago.
The scheme Of organization is dis
cussed by the court, the decision holding
that from the evidence it is shown that |
option contracts we're drawn, by the
terms of which the companies agreed to
sell to the trust when called upon to do
so by the Illinois Trust and Savings
bank. Attention is called to the fact |
that these options bound the absorbed
corporations not to engage in the manu-
facture Of glucose for a term of years
and within a radius of 1000 miles OF
Chicago, in other words, within the
corn belt.
LETTERS SHOW THE SCHEME.
Letters which passed between the att