The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1902-02-19

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then went into the details of the bill
and the plan proposed. He wa.
strongly in favor of some legislation as
any one, but he was opposed to this
bill. lie thought the State could not
maintain its right to prescribe the con.
dltions set forth in the bill. Again, il
the Virginia Carolina company is the
unholy trust that has been alleged, it
| should not be allowed to do business
in the State even under the sanctity
| OF the State. No State permission
can make right that which is wrong
of itself. He read from decisions of
of the courts showing that State can
not lay down as condition to O cor
poration entering the State its aggree-
ment to be bound by the State courts.
Ii we pass this resolution it will come
In conflict with the Federal courts and
will defeat Its very object. Further
more, the attorney general has stated
that he does not want this bill to pass 4:
hat 1T will be inimical to the interests
OF the State and will defeat the suits
now being carried on by the attorney
general against the company. The al
torney general is prosecuting the Vir.
ginia' Carolina as trust aud trying to
drive it out of the State altogether,
whereas if this bill passes the company
can come into the State ana do bust
ness.
The hour for adjournment having
arrived while Senator May field was
speaking, the Senate took recess un-
til d o'clock.
Ar Tho oftornoo, .o,,;o,, c,
Mayfeld resumed his argument in op-
position to the bill against the Virginia
Carolina Chemical company. He said
that the company has been declared a
trust and the attorney general is fight
ing it in the courts as such, yet this
bill undertakes to allow this very trust
10 come into the State and do business.
If this is passed it will set at naught
the suit that has already been COM
menced. 1t would let the trust 90 un-
whipped of justice. He said he fought
every measure that would give our
State courts jurisdiction in preference
to the Federal courts, for he knew of
no way by which the constitution of
the United States can be circumvented.
Where a State law comes in conflict
with the Federal law the State law will
go down. And this State cannot make
this or any other company pledge it,
self TO be bound by the State courts
We need some legislation, but this is
not the measure we need. 1t is a
special law and as such will not stand
the test Of our own courts. He again
asserted that the attorney general did
not want this bill to pass.
Senator Henderson then defended
the substitute bill offered by the COM
mittee. He said that all of us re-
cognize that some legislation is needed,
yet it is urged that we kill the bill and
no substitute is offered. If this bill is
bad one, why haven't they offered
one that will suit? He said he had no
word to say against the attorney gen.
eral, for that officer has performed his
duties well, and will continue to do so,
but he called attention to the fact that
in his report the attorney general had
stated that the Virginia Carolina com
pany had done business in the State
prior to going before the proper author
ities and obtaining permission TO do so.
This of itself, he thought, was suffi-
cient to warrant this bill. However, he
was not committed to the bill in ITS
entirety, and was willing to allow an
amendment striking out the reference
J to the State courts, but he did not think
the bill in that shape should pass. II
is admitted that the concern had
violated The law; let us make them con.
form to the law. If this bill is obiec
tionable he would JON hands with any.
body in perfecting it.
Senator Walker disapproved the bill
1t seems, he said, that the Virginia
Carolina company has been selected ol
all other corporations to appear before
the Senate practically under bill ol
indictment. He was not the defend
ants attorney, and had no personal in
terest IN the matter whatever. There
are four charges, the first is that it il
u trust, tho second that it has violated
the laws of the State, the third that i
has carried suit against it into tn,
United States court, and the fourth /,
that IL is expressing the people. III,
quoted the position taken by Judg,
Hudson, the assistant to the attorne,
general, who said that the bill shoul,
not pass as it would be taking sna,
judgment. The issue should be trie,
fairly on it's merits in the courts, wher
the case has already been commenced
AS to the charge that the company ha
defied the State by failing to take on
papers before commencing business. h
asked has 1t been shown that this ]
wilful9 Has anybody suffered, has tn
State lost money! The attorneys Q
the company frankly say that 1t wa
, through an oversight that 1t was nj
,. done, and that there was no intentio
} to defy the State or vic late the law