The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1902-08-06
We OPPOSED TAKING AWAY THE VIR-
GINA CAROLINA CHEMICAL COMPA-
NY'S CHARTER.

In the last session Of the Gen
eral Assembly there was a bill
looking to the annulment Of the
charter Of the Virginia Carolina
Chemical Company; the concern
which bought up a large number
Of the fertilizer factories in this
State. The bill was introduced
at the instance of the Attorney
General who charged that COM
pany with having violated the
terms of it's charter. The Attor-
ney General, before the leglsla-
ture convened, instituted pro-
ceedings in the courts against
this company looking to the
same end. When the matter
came up in the Senate, we at
tended the meeting Of the joint
committee which heard this case
and after listening to the argu-
ments Of the Attorney General,
and Judge Hudson whoNas en-
ployed in the cassto assist him,
wewere Convinced, that not
Standing our opposition to
trusts, combines, associations or
whatever name those interested
in them choose to call them, we
could not consent to the annul-
ment of a charter Of any COM
pany whose case was pending in
the co6rts, on the charge Of hav-
ing violated the terms Of that
charter. We took the position
that if the Attorney General
charged violation Of the terms of
the charter on the part of the
company, that it was a matter
to be reviewed by the courts,
and in as much as he had the
case pending in the courts, it
would resolve itself into matter
of proof, and if the courts de-
cided that the Attorney General
has sustained his charge by
proof, then the Legislature would
be justified in annuling the char
ter, but not until then.
We are opposed to all combi-
nations. trusts. associations
which have for their object the
creating of monopolies, and the
crushing out of honest competi-
ton, and whenever it has been
properly proven that any char
tered institution has violated the
terms Of it's charter we will be
found ready to take away that
charter and stop the concern
from doing business, but for the
sake of acquiring a little cheap
notoriety, or for the purpose of
hood-winking the voters, we are
not going to vote recklessly to
take away a charter or any other
right that has been granted to
citizens. In the case of the
Virginia Carolina Chemical Co.,
we thought we saw an effort to
manufacture political capital to
aid Congressional aspiration,
and we still believe this had a
great deal to do with the effort
to get legislative action, instead
of waiting on the courts. Those
who were urging legislative ac-
ton contended that the federal
courts would take jurisdiction ir
the case and that our State courts
would not be allowed to review
the testimony sustaining the
charge. In this, they were eth
er mistaken or they were using
that sort of pleading to force ac-
ton on the part of the legisla-
ture, and by resorting to an
appeal to prejudice, have the
charter annuled by a statutory
enactment. This was perhaps a
smart trick, but there were mem
bers of the General Assembly
who did not need political mater
ial to aid them in their aspira-
tions, that could forsee what
such action meant, they could
see that if the legislature had
annulled the charter Of this COM
pany upon the one-sided state
ment of the Attorney General
the supreme court would have
prevented the enforcement Of the
Act, and the State would be in
litigation.
But to show that those who
were trying to work the annul-
ment scheme by contending that
the United States courts would
take Jurisdiction, did not know
what they were talking about.
or were using such argument as
q scarce crow, the matter was
heard before Judge Simonton
and he recently rendered his de-
cision remanding the case to the
State courts.
It will therefore be seen that
had the legislature complied
with the request Of the Attorney
General to annul the charter on
his ex-parte statement the COM
pany would have been the victim
Of a great injustice, by being
convicted without a hearing.
The State of South Carolina
invites capital to come here, can
any reasonable man believe the
invitation will be accepted, if our
legislature will lend itself to
making political capital for as
pirants for Office, and upon their
one-sided assertions snatch away
privileges granted: When the
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