The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1902-03-05
THE NEW MEASURES
REGULATING TRUSTS

One Prohibits Combinations an
the Other Provides Means
Secure Testimony in Al1ege
Violations.
The Legislature had before it nun
ber of measures proposing to regulat
the " trusts" But two of these meas
ures got through, and one of them wa
almost emascnlated by the Senate
This was the w. j. johnson bill,
copy of the Hogg antitrust law on tn
Texas statute books. The Senat
passed il after eliminating the affidavit
required of corporations. This aflida
Wit is said to have been the one featur
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 measur,
seeking to give the attorney genera
full power under which TO proceed
against the trusts. Two years ago th,
Legislature instructed the attorne,
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 the
Legislature made an appropriation fol
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 in
his way in future Investigations, Mr..
DeBruhl introduced the bill, (Which
has become law with the Governors
slgnature,) providing procedure to
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
tons" 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
penalLies," or any acts amendatory
thereto, or any acls now or hereafter
of force, 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 justice
of the supreme court, circuit Judge
or referee designated in such order,
and answer such questions as may be
put to them or to any of them, and
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
ls 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 shall be granted
by the justice of the supreme court, or
the circuit judge, to whom the applica-
tion has been made, with such prell-
minary injunction or stay as may ap-
pear to such justice or circuit judge to
be proper and expedient, 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 Column
bia or i'll 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 testimony 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.
g Sec. 9. The order for such examina-
tion must be signed by the justice or
judge making 1T, and the service of
copy thereof, with an endorsement by
the attorney general, signed by him,
to the effect that the person named
therein is required TO appear and be ex-
amined at the time and place, and be-
fore the justice, circuit judge or ref
cree specified in such endorsement,
shall be suflicien. notice for the atten-
dance of the witnesses. Such endorse
ment may contain clause requiring
such person to produce on such ex-
animation all books, papers and ,locu.
ments in his possession, OF under his
control, relating TO ,he subject of such
examination. The order shall be serv-
ed upon the person named in the en-
dorsement aforesaid, by showing him
the original order, and delivering to
and leaving with him, at the same
time, a copy thereof endorsed as above
provided, and by paying or rendering
TO him the fee allowed by law to wit
nesses subpoenaed to attend trials of
civil actions in court of record in
this State.
Sec. 8. No person shall be excused
from answering any questions that
may be put him, or from producing
any books, papers or documents on the
ground that The testimony or evidence,