The Hartford republican. (Hartford, Ky.) 18??-1926, 1908-02-28
BILL IS unique
BUT DRAFTIC
Burnam Believes That II Will
Settle Tobacco Problem.
Provides Severe Punishment For
ViOlatiOns--D0es Not Affect
Pooling Law.

TidhhlOlb, N.Y., Il 20. SO.-OHe vi
the most important and drastic meas
ures that has been introduced al
this session of the general assembly
in the Burnam antitrust bill, which
Senator Burnam believes 0will settle
the tobacco problem now and for
ever. 1t is the most important be-
cause he and his friends believe il
will settle the most momentous ques-
ton in Kentucky; it is unique be-
cause it provides a punishment for
corporations that attempt to depress
the value of products instead of
controlling or enhancing the value
and it is drastic because it provides
a fine of not more than 100000 for
each and every offense. With this
bill enacted into law it is certain
that the statement of Chief Justice
+. c. O'Rear that the trust could
be made TO look like thirty cents,
Senator Burnam, the author of
the bill was formerly chief justice
of the Kentucky court of appeals, and
he is willing TO wager his last cent
that his bill as drawn will stand the
test of the supreme court OF the
United States.
This bill does not affect the pool
ing. law, enacted for the benefit of
the tobacco growers. 1t is drawn to
protect that law, and if it passes
Kentucky will have two, unique laws
on the statute books, one providing
for the farmers to combine to raise
the price of tobacco, and one pro-
viding a penalty for the buyers to
combine to depress the price of to-
bacco.
In regard to the bill, Senator Bur-
nam says:
THE recent decision of the court
of appeals sustaining the constitu-
tionalist of the act of 1906 author
izing the pooling of tobacco and
other products of farmers, in effect,
repealed the general antitrust stat
ute Of 1890. By implication there
is now no statutory provision for
bidding pools and trusts or other
to enhance or depre-
ciate the price of any article and the
various prosecutions instituted in the
state of Kentucky against the Ameri-
can Tobacco company and other COM
bines to depress the price of an article
of commerce have no legal foundation
and will have to go by the board.
To meet the condition the new act
which l introduce has been prepared
in strict conformity with the con-
stitution relating to trusts. This bill
will not affect the validity of the far
mers' pooling act, as the construction
giving that act is that it is only an
act to secure the real value of farming
products. With the enactment of the
act just introduced one Furnishing the
trust for conspiring to depress the
value of an article below its real value
tuu tHt OlItl duthOi iLih6 thC idi hiSA
to secure the real value of the pro-
luct, this would seem to be all the law
required on the question of pooling
either by the buyer or seller"
Not only does the act provide that
he maximum fine may be 100000,
but it contains a provision to punish
he general agent or his subordinate
by confinement in the county jail
rom six to twelve months, if found
guilty of being employed by a trust
to depress the value of
In arcticle below it's real value. 1t
llso provides that all contracts made
n violation of this act are void and