The people's journal. (Pickens, S.C.) 1891-1903, 1902-03-06
THE NEW MEASURES
REGULATING TRUSTS
One Prohibits Combinations and
the Other Provides Means to
Secure Testimony In Alleged


the Other Provides Means t,
Secure Testimony In Alleged
Violations.
The Legislature had before it mum
bor Of measures proposing to regulat,
the "trusts." But two of these meas
ures got through, and one of them was
almost emasculated by the Senate
This was the w. j. johnson bill, 6
copy of the Hogg antitrust law on tho
Texas statute books. The Senate
passed it after eliminating the affidavit
required Of corporations. This afida.
Wit is said to have been the one feature
of the bill most Objectionable to cor.
porations.
The other measure which got through
the Legislature was bill introduced
by Mr.. Deb. uhl, and is measure
seeking to give the attorney general
full power under which to proceed
against the trusts. Two years ago the
. Legislature instructed the attorney
general to proceed TO investigate the
operations of certain corporations. AS
no appropriation for expenses was
made, the attorney general was unable
to accomplish anything. Last year tho
Legislature made an appropriation for
this purpose, and the attorney general
made an investigation which led to the
SUIT against the Virginia Carolina
Chemical company.
In order that the attorney general
might have no stumbling block put i'm
his way in future Investigations, Mr..
DeBruhl introduced the blll, (Which
hoo hnn1r,>n n 10. l.
slgnature,) providing procedure ito
enable the attorney general to secure
: testimony in relation to the violation
of acts prohibiting trusts and combina-
tlons and violations of law by corpora
tions." The act declares:
Section l. That whenever the attor-
ney general has determined to COM
mence an action or proceeding, under
the act entitled can act to prohibit
trusts and combinations and TO provide
penalties" or any acts amendatory
thereto, or any acls now or hereafter
of foNc, relating TO the prohibition or
prevention of trusts, combinations or
monopolies, or against corporations,
foreign or domestic, for any violation
Of any acts now or hereafter of force
of this State, he may present to any
justice of the supreme court, or any
circuit judge, either before or after
beginning such action or proceeding,
an application in writing, for an order
directing the persons mentioned in the
application TO appear before a justice
of the supreme court, a circuit Judge
or referee designated in such order,
and answer such questions as may be
Of
produce such papers, documents and
books concerning any alleged illegal
contract, arrangement, agreement,
trust, monopoly, or combination or
corporate acts in violation of law; and
1t shall be the duty of the justice of
the supreme court, or the circuit Judge,
to whom such application for the order
IS made, to grant such application.
The application upon the proper show
ing for the necessity for such order
made by the attorney general, must
show upon information or belief, or
otherwise, that the testimony of such
person or persons is material and
necessary. The order snail be granted
by the justice of the supreme court, or
the circuit judge, to whom the applica-
tion has been made, with such prel-
minary injunction or stay as may ap-
pear to such justice or circuit judge to
be proper and expcdicnt, and shall
specify the time when, and place where
the witnesses are required to appear,
and such examination shall be
held either in the city of Colum-
bia or III the judicial district in
which the witness resides, or in
which the principal office, within
this State, of the corporation affected :,
is located. The justice, judge or ref,
cree may adjourn such examination
from time to time, and witnesses must
attend accordingly. The testimony of
each witness must be subscribed by
him, except i'll case the testim ony be
taken and subscribed by sworn stenog-
rapher, and all such testimony must
be filed in the Office Of the clerk Of the
county in which such order for exami-
nation is filed.
Sec. Q. The order for such eXamina-
ton must be signed by the justice or
judge making 1T, and the service of a
copy thereof, with an endorsement by
the attorney general, signed by him
to the effect that the person named
o''o1 S''i Az ANlNA'St w ol'pSNi nil" pS Ch-
amined at the time and place, and be-
>fore the justice, circuit judge or ref
D.. cree specified in such endorsement
shall be sufficient notice for the atten
dance Of the witnesses. Such endorse
ment may contail clause requiring
such person to produce on such ex
animation all books, papers and docu
ments in his possession, OF under hi
control, relating TO the subject of sucl
examination. The order shall be serv
,eed. upon the person named in the Ell
dorsement aforesaid, by showing hin
the original order, and delivering {,
and leaving with him, at the sam
Lime, q copy thereof endorsed as abov
provided, and by paying or tendern.
to him the fec allowed by law to wit
ncsses subpoenaed to attend trials O
civil actions in q court of record il
this State.
Sec. 3. No person shall bo excuses
from answering any questions tina
may be put t) him, or from producin
anV bOOka manners or t1orumpnIe On IN