The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1900-01-30
LAW NOT SOUND
Judge KOhlsaat Of the Federal
Circuit Court Knocks Out a
Statute,
Declaring the Illinois Antitrust
Law to Be UncOnstitu-
tiOr:l.
Says the Law as Enacted Con.
tains Both Class and Special
Legislation.

Jan. oO.-JuGge 4. 4. Kohl
saat, in the United States circuit our
decided the antitrust act of the Illinois
legislature in 1893, void, on the ground
that the statute contains both class and
special legislation, and is in contraven-
ton of the federal and state constitu.
tons. The opinion Of the court bears
more directly On the ninth clause Of the
act OF 1893, but the validity of the
whole act is also denied.
The ruling is made in the case Of the
Union Sewer Pipe company against
Thomas Connolly, but applied as well
to the case of the same plaintiff against
William Dee, the two causes being
tried jointly. The court took the case
from the jury and gave instructions
that the finding be in favor Of the
plaintiff.
The Union Sewer Pipe company
brought suit upon prCmissory notes
given by the defendants. who claimed
that the plaintiffs were a trust or COM
bination organized for the express pur-
pose of creating and CARRYING out re-
>trictions III trade. Referring TO third
clause of defense, the Illinois statute
which went into effect July /, 1898. the
court says:
The objectionable Section.
The said statute Of July l, 1898, pro-
vides III Section 9, that ''the provisions
Of this act shall not apply to agricul-
tural products or live stock, while in the
hands Of the producer or raiser" l am
Of the opinion that this statute contains
both class and special legislation and is
III c~ontravention Of both the state and
federal constitutions, and therefore is
void. 1t is urged that granting the I'M
cOnstitutiOnality Of said ninth clause.
yet it may be declared void without af-
fecting the validity Of the remaining
clauses Of said act. If this were so, then
by declaring said clause void, the courts
would make the act binding upon those
classes OF persons within the state which
the legislature had specially exempted
from its provisions. This would be ju-
dicial legislation Of the most fragrant
character. In my opinion the ninth
clause affects the whole act and renders
1t all void. Therefore the defense set
up in the third notice, must be stricken
out"
The matter will be argued in tie court
OF appeals as soon as possible ana proba.
bly, will be taken to the United States
supreme court.
Opinions Differ as to the Result.
Opinions differ widely as to whether
Judge kOhlsaat's decision leaves the
state without antitrust laws. It is
held by some lawyers that the act Of
1888 did not supercede that of 1891, and
that the latter statute is still in force.
Judge Kohlsaat did not touch upon this
point in this decision. The advance
sheets of the last Illinois reports treat
the laws as separate statues. However
that may be, the opinion is regarded as
an extremely important one, because
the multiplying clause, nine Of the law of
1893, affected nearly thrce-fourths of
the people Of the state.
Frngress:un.
"Mary Prim doesn't distribute tracts
any more"
mo. l met her the other day, and
she smelled dreadfnlly of peppermint"
From tracts or extracts. eH?'-
Cleveland Plain Dealer.