The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-11-09
JUDGE HAINER
MAKING A RECORD
EnstructS Grand Jury to In
yeStigate Alleged Lumber
Trust

jafy OF Pottawatomie county to in
yasusata The lumber trust His
eaarge IS az follows:
Gentlemen Of the jury, ] have re-
caivsd communication from the
eoun.y attorney, in which be requests
me 10 charge you on the law relating
TO combinations and restraints Of
trade. our statutes make the for
nation Of pools. trusts, combinations
and restrictions Of trade a misde-
meanor: but under the statute you
have no authority to Investigate that
class of mi5demeanors unless the
court charges you.
You are instructed that the statute
OF 1893. referred to, reads as ofllows;
"If any individual, firm, partnership,
or any association of persons whatso-
ever. shall create, enter into become
part Of or party to any pool trust
agreement, combination or under
standing with any other individual,
firm. partnership or associations of
persons whatsoever, to regulate or
hx the price of or prevent or restrict
competition in the sale Of feed, fuel,
lumber or other building Diatenals.
articles of merchandise or other com
modities they shall be deemed guilty
of a misdemeanor and. upon convic-
tion thereof. shall be fued not less
than $50 or more than $500
The court instructs you, gentlemen,
to carefully, fully and thoroughly in
vestigate any violations Of the statute
which ! have just read to you.
Not every combination or aggrega-
tion Of capital Is a trust within the
meaning OF our statute. A berson or
a number of persons; a corporation
OF a partnership nay combine or be
formed for the purpose of transact
ing legitimate business, and such acts
are not violation of the law. II IL
Is combination for the economical
transaction of legitimate business,
and not for the purpose enumerated
in the statute, then it is neither a
violation OF the natural law Vi of the
law of the land.
For instance three persons in a
town or city may be engaged in the
grocery business separate and apart
from each other The amount of cap
ital which IS represented in each Of
these enterprises may not be the
same. Also the degree Of skill and
ability possessed by each proprietor
may be widely different and their rel
ative capacity for doing business may
have marked distinction. Yet these
three may meet together ana decide
that they Will no longer act in com
petition one with another, and in order
to MI the demands of the city OF town,
enter into an agreement of co partner
ship, establishing as a basis OF indi-
yidual profits their relative ebilities
and the amounts of capital contribute
ed.
In doing this their object might be
to reap the benefit which would ac-
crue from the cooperation Of their
endeavors; from the operation of one
large instead OF three small stores
from the economy which would re
suit from their being thus 'nabled TO |
purchase their goods in large guam
titles and cheaper markets; and from
the Increase Of their trade consequent
upon their more extended facilities
for haneiing H. The prices of the
goods sold under such an arrange
ment would not necessarily be high
er. and yet the prompters OF ibis en-
terprise would make larger PROFITS.
Now. this would be a legitimate
consolidation or combination of cap
ital. labor and skin It would not be
in violation OF any law. 1t might be
the same way with any other bust
ness, such as the lumber business.
Several different lumber men might
consolidate their yards and their
carrying degrees Of skill experience
and capital for the same purposes
have mentioned. and it might result
In profit to themselves and also be OF
advantage 20 the public There might
be'no purpose or tendency Ia such
combination either TO raise Prices OF
lumber or to drive legitimate compe
tition from the market. But II any
Individual. firm. partnership or cor
poration enter into any combination,
pool or trust for the purpose OF driv
ing other people out OF business, OF
for the purpose Of arbitrarily exing
or regulating prices of commodities,
or n they organize for the purpose o.
preventing or restricting composition
In the sale Of foods lumber on other