The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1906-03-16
OBEY THE Law OR
| GET OUT OF BUSINESS
This Is a Brusque But Clear
Summary of the Supreme
Court Decision.
IS EXTREMELY IMPORTANT
: Applies to the Giant Trusts the Con,
troll of Which Has Been Sought in
Vain-No Immunity Loop.
holes.

Washington. March 17.-Thc United
States supreme courts decision in the
paper and tobacco trust cases is of
monumental Importance. Its applica-
lion extends to every corporation whose
books and papers may be examined by
the government.
1t means that the investigation of
the Standard Oil, the steel trust and
the anthracite coal trust, which the
department OF commerce and labor has
been making for the last year, will
permit prosecutions Of corpora lions and
some Of their officials.
1t means greater ease in the prosecu-
ton of the tobacco trust and the sugar
trust. the latter a case of direct appli-
patton to every person in the country,
which Attorney General Moody has be-
gun.
1t means also that investigation into
the relations of the railroads and the
Standard OIL company and the rail-
roads and the bituminous and anthra-
Sfte coal mines will not be as innocu-
Gus as the president feared when he
the investigation. Those companies
must produce the books if the court
orders them to do SO, and corporations
and their officials can be prosecuted for
any violation of the law that may be
discovered.
Beef Trust Must Answer.
So far as the beef packers are con-
cerned. 1t was said at the department
Of Justice that the paper trust decision
work of defense which the attorneys
for the packers so laboricusly con-
structed and strongly supported has
been swept aside by a decision in a case
in which their clients were directly In
terested.
The department of justice is more
confident now than ever that 1t will Sc
cure conviction of the packers.
Corporations cannot receive immun-
lily from determination as individuals.
Officers Of corporations may be granted
immunity as individuals, but must pro-
duce evidence to convict the corpora
tons In which they are interested. All
eign power and are not privileged to
commit any illegal act or possess any
thing unlawful. When a corporation
does either 1t is placed beyond the
pale of constitutional protection.
This is the principle laid down by the
decision Of the supreme court in the
four cases affecting the paper and to-
,bacco trusts. The result will be that
all corporations must produce their
books and papers when actions are
brought against them by the govern
ment and witnesses may be compelled
to answer all questions.
Bar to illegal Acts.
1t is possible under the supreme
courts decisions for the department.
of justice absolutely to prevent the
commission of illegal ana unlawful acts
by any corporation. Each corpora
ton against which proceedings are in
p.l1o
victing itself if any Of it's acts have
been illegal. The only future safety
for a corporation is to obey the laws.
A corporation will henceforth have
no protection in the courts from self
conviction unless it's books and papers
are destroyed by some officer who will
assume responsibility for contempt
Two opinions We're rendered regard
ing the tobacco trust and two affect
ing the paper trust. Justice Brown
handed down the decision on the to-
bacco trust and Justice McKenna on
the paper trust.
The Paper Trust Cases.
The proceedings in the paper trust
cases was an effort on the part of the
officers of the General Paper company.
commonly known as the Western
the governments prosecution of that
company under the Sherman antitrust
law. The original action out of which
the cases grew was instituted in the
circuit court for the district Of Mime
sofa in December. 1904, but the trans
action involved in the cases decided
by the supreme court, took place in
Milwaukee, May is, last. before an ex-
aminer sent to that city to take testi-
mony in the proceedings against the
paper company.
The court held that the fifth amend
ment to the constitution. which pro-
vides that no person shall be compelled
IN criminal case to be witnes against
himself, does not apply to corpora
ton: that the corporation has not the
right to secrecy like an individuals that
every government creating corpora
ton has right to inspect it's books
and papers. and to find whether it has
violated the law of it's creation and in
analogy to this the federal government
10 whether it has violated any of the
federal laws, and may inquire into the
management and compel its officers to
produce books and papers.
No LoophoIe for Corporation.
The court held that the immunity OF
the fifth amendment applied to the
witness, but that he could not take adj
vantage of it in favor of the corpora
ton, his principal: that the witness was
which provides that no person shall
be prosecuted on account Of anything
in relation to which he shall testify or
furnish evidence, documentary or 9TH
erwise.
But this immunity did not extend to
the corporation, and it was no excuse
that the testimony might tend to con-
vict the corporation. The court also
held that the testimony which the gov
eminent offered tended to show COM
bination in restraint of trade; that the
twenty four defendant corporations had
entered into combination by which
they organized the General Paper COM
pany, which corporation managed the
sales and divided the profits among the
various defendants. They held the tes-
timony tended to prove this and was
| therefore, material.
BLOT ON COUNTRY.