The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-15
Grr&ttrtp 9)rrnln.
THURSDAY. JUNE Is, 1899.
AIesson For the Trusts.


The Supreme Court of Indiana has
handed down unanimous decision
which will cause the trusts in that
state to ponder well before they put
into operation any measures calcu-
lated to Cypress the people, comments
the Philadelphia Star. The decision
is so much in line with common sense,
and is so clearly stated, that it de-
serves to become the law of the land
on the subject of trusts. The uni
versal adoption of law on the lines
laid down by the court would do
much to check the unhealthy growth
of those monopolies with which the
country is at the present time afflicted,
and which seem to be rather on the
increase than otherwise.
In the city of Portland, Indiana,
two companies were granted charters
for the piping of natural gas, and the
privilege of selling and distributing
it to the citizens. Not content with
being competitors for the business,
they formed a trust or combination,
and raised the price of gas, and each
company refused to sell gas to any
person who had been a former GUS
toner of the other, and who had for
any reason withdrawn his patronage.
The people of the city entered suit
in the County Court, and prayed that
the charters of the companies should
be forfeited. The County Court de-
cided against the public. The citi-
zens then appealed to the State Su-
preme Court, which reversed the de-
cision of the lower court, and rem
dered an opinion in favor of the
people.
In the decision as rendered the fol
lowing clearly stated opinion was
given:
at is an old and familiar maxim that com
petition is the life of trade, and whatever act de
stroys competition, or even relaxes it, upon the
part of those who sustain relations to the pub
lie, is regarded by the law as injurious to public
interests and is therefore deemed to be unlaw
full on the grounds of public policy
1t would be well if such an interpre
tation of the law prevailed through
out the country. Companies possess
ing public franchises, such as thu
furnishing of gas, electric lighting
water or street car transportation
should not be permitted to pool thei
issues. When they do the public il
the chief sufferer. The great amour
of water put into the stock by tn
companies, necessitates the squeezin
of the public in order that dividend
may be paid on these heavily watere
stocks.
The city of Philadelphia has an OF
ject lesson along this line in the COLI
bining of all the street car companie
under one management. The yer
first result of such consolidation bein
the raising of the fares from cent
and free transfers to 8 cent exchange
to say nothing of the curtailment {
conveniences to which the publ
have been compelled to submit.
The Indiana court holds that tn
COuIlb huNG VIC AA0A " ACAA~NN -
charters of those concerns which /
consolidating are enabled to hold IL
public at their mercy. On this poll
it says
'wheu the state seeks to destroy the life
an Incorporated body IL is required to she
some grave misconduct, some act at least
which Il has offended the law Of its creation.
something material which tends TO produce
Jury TO the public and not merely that whi
affects only private interests, Tor which 9th
adequate remedies are provided. Where, no
ever the facts disclose that a corporation b
failed in the discharge Of its corporate dut
by uniting with others Ia carrying out an agr
ment the performance of which is detrimen
or injurious TO the public, It thereby may
said TO offend against the law Of its creation a
consequently TO forfeit its right longer to
ercise its franchise"
Should the decision become the Ia
of the land, the subject OF trus
would be disposed Of.