The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-01-14

to prOYloe penSlLieS, anu at Jou1 ioSe
session a Joint Resolution was passed
directing that the Attorney General OF
the State be required to forthwith
institute an investigation to determine
by what authority tie Virginia Caro-
lima Chemical Company IS doing Dusl-
ness in this State" and whether said
company or any person Or corporation
who may be engaged in any business
within this State has violated or is
violating the provision of the laws OF
this State prohibiting trusts and COM
binations," and directing him to in
stitute such proceedings as might be
necessary to punish yiolators OF sald
laws against trusts and combinations.
Proceeding under these instructions
given him by you, the Attorney Cen
eral instituted a thorough Investigation
to determine whether this company
is entitled to do business in this State
under these laws Of the State "p-o-
hibiting trusts and combinations" A
full and elaborate report. showing the
work he has done and his plans, will
be submitted to you. In the beginning
he calls attention to the difficulties he
had to encounter. The antitrust avs
have only recently been enacted in this
country, and especially in this State,
and are not fully developed. On the
other hand they are as yet "embry-
onic and chaotic" in some parts being
too sweeping and in others not cover
ing the entire ground. These combina-
tions are organized secretly, and it is
most difficult matter to obtain DELI
mite information in regard to their
formation and the purposes for which
they are organized, and definite infor-
nation must be had in order to begin
an action in the Courts. If an unlaw-
full combination exist ''the proof of The
facts tending to establish its existence
is locked up in the records Of the par
ticipating corporations" AS you will
see from the Attorney Generals re-
port, difficulties of this kind are the
ones that confronted him in his every
move.
Especial attention is called to the
defects in the laws Of this State regu-
lating corporations. 1t has been the
tendency in this State to give corpora
tions almost unlimited powers, such
as the unlimited. power to deal IN
real estate" the power to acquire and
transfer shares Of stock in other cor
porations, 'tthe power to place under
mortgage or deed Of trust its franchise
es, as we'll as all or any Of its proper
ty." When a foreign corporation con-
plies with certain provisions and re-
quirements," which provisions and
Requirements" amount to little or
nothing it "tshall enjoy the rights
of domestic corporations" In short,
the tendency in this State has been to
give corporations the same power to
carry on business which is accorded TO
the private individual. This principle
is wrong. Corporations are creatures
Of the State, created by the State mot
as the concession of right, but as
favor bestowed" and as such creatures
the State has right to inquire into
their affairs and methods Of transact
ing business, and when it is satisfied
their methods are such as are not con-
dueive to the welfare OF majority OF
the people, then that State which Gre
ated them has the right to put taem
out of existence. =
The Attorney General suggests seT-
eral amendments to our existing anti
trust laws and the enactment OF seVe-
raj new laws. He has made q thorough
investigation Of this question Of con-
trolling the trusts and his excellent
report shows much study and care ia
its preparation. It is worthy your most
careful and thoughtful consideration
and my purpose is simply to direct
your attention to that report.
-. RAILROAD COMMISSION. -
The annual report Of the Board OF
Railroad Commissioners for the year
lust closed is one Of the most complete
that has been issued from this depart
ment. Thirty-nine (99) miles Of new
mileage have been built and opened
for traffic during the year. The Com
mission has had many important and
difficult problems with which to deal.
affecting both the railroads and the
people. The solution Of these problems,
ass well as the condition Of the rail-
roads in the State, is fully stated in the
report of the Board, and your attention
is directed to this report for informa-
ton concerning this department Of the
State government. ..@ .<.--
STATE HOSPITAL FOR THE IN
.--- 49,. SANE. .- .-
The constant accumulation OF them
sane in asylums has been one OF the
most startling features in the history
of the great charities of the century
Just closed, these great asylums be-
ing at once the pride of the humani-
tartan and a stumbling block to the
legislative economist. ,....-. x.
In origin our State Hospital dates
among the very first, and it is now
entering upon the eightieth year OF its
existence. Although unfortunately To-
Gated within city, when it should
have been long since removed TO the
country, it has fulfilled its important
mission in our Commonwealth and
given shelter to over 10000 inmates,
During the past year the admission of
459 patients has been the largest IN
the history Of the institution.