The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-09
GOLD AND TRUSTS.
Colonel W. J. Bryan Spoke on These
Two Important Issues.
ALSO MENTIONED IMPERIALISM
Boer War Has Caused Bankers to Fear
q, a Panic.
T'''~p ARE RAPIDLY INCREASING
And Being fostered by the Administration
to Which They Gave Power.
SUPREME CRISIS IN NATIONS HISTORY
Annual Banquet of the Paxton Ciut
ia Chica go--Governor Hogg
Could Not he Present.
And Being fostered by the Administration
to Which They Gave Power.
SUPREME CRISIS IN NATIONS HISTORY
Especial to The Post.)


Washington. JanuaryS. --The case of the
Waters Pierce oil Company VS., The State
of Texes was argued in the supreme court
today. Judge George Clark appeared for
plaintiff in error and Attorney General
T. S. Smith fer the State OF Texas.
Judge Clark's argument, summed up
briefly, was to the effect that the Texas
antitrust law was in violation OF inter-
state commerce and also violation OF
the fourth amendment OF the constitution
of the United States.
Mr., Smith argued IN reply that the acts
OF 1889 and 1895 are neither in violation
OF fourteenth amendment nor of the con-
stitution. That exceptions in each act
which exempt agricultural products and
stock In the hands OF producer aud raiser
tions. reasonable and proper. They are
based on conditions which should be met
by legislation In view of exceptions as to
the occupation tax clause in the constitu-
tions OF 1916, 1861, 1869 and OF 1876 OF
Texas, which exempt those engaged In
agricultural and mechanical pursuits: this
was a strong reason and just basis for the
legislature to act upon in inserting in each
of said laws aforesaid an exemption OF
the agricultural products and stock in
the hands OF the producer and raiser. That
the object of the antitrust law was to
prevent combinations and associations of
persons and corporations for the purpose
OF fixing the price OF articles OF trade and
commerce. That no law is ever enacted
in advance OF necessity: therefore, that
be enacted until in 1889 and that no ne
cessity had arisen and none had been
shown why agricultural products and
stock in the hands of the producer and
raiser should be included within the
terms OF either Of the anti trust acts.
Answering the assignment OF error to
the exemption in the act of 1895 as to
laborers and labor organizations for the
purpose Of maintaining a standard OF
wages in addition to the answer to ex-
emptions relative to agricultural products
or stock. the argument was also made by
Mr. Smith for the state of Texas that
labor organizations for the purpose Of
maintaining standard OF wages had
never been known or shown to be an evil
to the government or a menace TO society
and hence the reason for exempting them
from the act That the burden rested upon
plaintiff in error, the Waters Pierce Oil
company, to show that both acts we're I'M
constitutional and having failed to do so,
the court should sustain both laws.
Again. that even II the court should
hold the act of 1895 unconstitutional by
reason of enlarged exemptions over the
act of 1889. that this Judgment should be
affirmed because il tho act Of 1895 was
unconstitutional then II could not repeal
or anuul the act OF 1889; therefore the act
of 1889 would stand and II would and
could sustain the judgment in the case
Answering the objection TO section OF
the sct--that prohibited interstate COM
MERGE and therefore unconstitutional and
that the judgment OF courts OF Texas stat
ing that the judgment should be con-
strued 10 interfere with intersAe com
!
the entire act together, II would be clear
that the acts provide for the forfeiture
OF the charter of the corporations or
gsnized under the laws OF Texas and only
for the forfeiture OF the permit to do
business In Texas Of foreign corporations.
this showed no intention TO interfere with
interstate commerce; and, further, in view
OF two decisions o. the supreme court OF
Texas, which hold that to do any char
acter OF interstate commerce there was no
reason or necessity for the foreign cor
| poratIon to fle its character in Texas or
10 procure a permit 10 do business Ia
Texas. no contention could be maintained
that judicial construction OF any OF the
laws OF Texas by her courts we're attempts
made or laws enacted or executed which
tend to interfere with interstate com
meree. Several authorities we're cited
answering the contention that this was
criminal case.
Representative Kieberg today intro
d,,.aa a h;,f a,,,ro,riafin1 $50 900 TO con-