The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-11-29

known as a trust, or make any con
tract with any person or persons, cor
porations or stock companies, for
eign or domestic, through their stock
holders, directors, officers or in AM
manner whatever, for the purpose O
fixing the price or regulating the pro
duction of any article of commerce, Of
of the production of the soil for con
sumption by the people, or to create
or carry out any restriction in trade
to limit productions or increase or re
duce the price of merchandise or com
modities, OF to prevent competition
in merchandise or commodities, or tc
fix a standard or figure whereby the
price of any article of merchandise
commerce or produce, intended fol
sale, use or consumption, will be in
any way controlled or to create a mo
nopoly in the manufacture, sale OF
transportation of any such article, OF
to enter into an obligation by which
they shall bind others or themselves
not to manufacture, sell or transport
any such article below a common
standard or figure, or by which they
agree to keep such article or transpor.
tation at a fixed or graduated figure,
or by which they settle the price OF
such article SO as to preclude unre-
stricted competition is punishable by
imprisonment in the state prison not
exceeding $4,000, or both.
every corporation violating the
provision of this section f~orfeits to the
state all it's property and franchises,
and in case of a foreign corporation
it is prohibited from carrying on bust.
ness in the state"
This statute, as will be observed, is
supplemented by another provision of
our constitution which reads as fol
lows:
mo company or corporation formed
under the laws of any other country,
state or territory shall have or be al
lowed to exercise or enjoy within this
state any greater rights or privileges
than those possessed or enjoyed by
corporations of the same or similar
character created under the laws of
the state"
l am not sufficiently advised at this
time to indicate what remedies are
available to defeat this consolidation
and it's purpose to control the rates of
transportation in this state, but what
eve lawful methods are available will
be employed and to this extent our
cooperation may be relied upon.
I have not devoted any time to the
consideration of the discussion going
on in the press as to whether the
unobstructed and successful launch
ing of this gigantic combination would
prove dangerous and detrimental to
the commercial welfare of the north
west, or whether it would eventuate,
as claimed by some, in giving stability
and steadiness to transportation
charges and hence rebound to the
public good, but have considered that
question settled by what seems to me
to be the plain, plenary and positive
provisions of the constitution and laws
OF Montana, designed to prohibit the
very things which confessedly the
Northern Securities company could
not do directly, but which it is avow-
eddy attempting to do indirectly.
1t may be, as claimed by counsel
representing the Northern Securities
company, that the scheme embodied
in it's organization is a successful vi
sion of our constitution and laws, but
until the court of last resort has
sanctioned such combination and it's
purpose no such contingency ought to
be accepted for a moment.
Hon. James Donovan, attorney gen.
eral of this state, assures me that he
is opposed to this invasion of the con-
%stitution and laws and will, l am con-
hdent, render valuable assistance in
whatever procedure may be finally
determined upon.
regret that my engagements are
such as to prevent fixing a time or
place where we can meet and confer
as suggested in your letter, but as
soon as can arrange for this I will
advise you.
GOVERNOR WHITE REPLIES.