Daily press. [volume] (Newport News, Va.) 1896-current, 1908-09-29
The Law As to the Trusts

! the common and statute laws OF many
of the States OF the Union and the
statute law. il not the common law
of the Federal Government.
l think that Judge Parker. in the
last presid initial campaign gave II
as his opinion that the common law
of this country in many respects Is
sufficient, il assisted by few simple
aiding statutes to treat with and de-
troy trusts and monopolies and in
order to demonstrate the above state.
ments, give below summary state
ment OF the criminal law upon this
subject as stated in part by DR.. Bish-
Cd the eminent and recognized author
ity on Criminal Law in this country.
using his language as written by MIN
in the Eighth Edition of the First
Volume, entitled Bishops New Crimi-
nal Law:
ISIS. L. CONSPIRACIES.-W Which
are a particular sort Of combination OF
men to do wrong. are not WITHIN the
present calculations. We are mere
inquiring what acts are indlctaple
when done, without conspiracy. by
single individual. Still the reader
should carry in his mind. what is too
often overlooked, the prime leeai
truth that a conspiracy. Or confedera-
ton of two or more persons. to do
thing not of the indictable sort-tha'
is. not indictable though actually exc
cuted ly one alone-may be crime.
The principal matter for this subtitle
nll n9rtlcll-
larly-
REGRATlNG. AND
ENGROSSING:-
2. HOW IN ENGLAND.-These are
kindred oenses. unbeatable both I'M
der the ancient common law and by
early English statutes. yet seldom
made the subject of criminal perse-
cution IN modern times.
SIG. 1. OLD DEFINING.--It would be
difficult to define these offences I'M
der the old common law: because. IN
England, the early statutes practical
ly took the place of the unwritten rule.
leaving 1t now uncertain what were
its precise limits. Blackstone simply
reproduces the statutory definltloh
from ) & 6 Edw. 8, c. IA. as foilows:-
2. FORESTALLlNG-i the buying
or contracting for any merchahdise
Or victaul coming in the way to mar
ket: or dissuading persons from bring
ing their goods or provisions there; or
persuading them to enhance the price
when there
2 REGRATING-is the buying OF
corn or other dead victual in any
market, and selling it again in the
same market or within four miles Oh
the place.
4. ENGROSSING-is "the getting in
to ones possession or buying up large
quantities of corn or other dead VIC
tuals. with intent to sell them again.
He adds. And SO the total engross-
ing OF any other commodity, with an
intent to sell it at an unreasonable
price. is an offence indictable and
Unable at the common law But IN
late English case it Is said that the
common-law offenses of engrossms
and regrating extend only to the ne
cessaries of life: (Note: Yet foresta!i-
ing includes all classes Of merchan-
dise):-Now,- $40. UNDER oOh
COMMON LAW.-It is reasonably
plain that the common law OF our
States has not yet adopted these
offences in terms as thus defined.
Yet it does not follow that the prln-
ciple from which the Jaw proceeded
has not become an inheritance Win
us. Modified. therefore, and thus
adopted to our altered situation ana
there is ground Tor
deeming them criminal misdemeanors
in States that recognize common-ia"
crimes. Thus.
5a1. BOARDING TO DEFRAUD.-
T, men to enrich themselves by los
ses or sufferings which they contemp-
late bringing upon others. knowing
that an article Of commerce, especiai-
ly one pertaining to the necessaries
of life. Is in good supply. buy IN
quantities sufficient to preclude COM
petition and hoard the article for
higher price,-stimulating therefore,
production nnduly, and competing
consumers to pay while the stimniaht
is on too much for it,-they do
wrong alike to producer, to consumer
and to the honest retail trader VINO IS
obliged to keep 1t in stock for MS
customers The hoarder in this IN
stance. would in the end he heavily
punished. though not so heavily as ne
deserves, by the pecuniary loss SUI.
fered when the crash came. II he did
not foreseeing its coming, succeed IN
working off his goods in season 70
save himself by casting the ruin on
others. Now. he who uses the power
which money or credit gives him 10
NAV q prank like this upon the com
munity is an enemy to the race. ana
as deserving Of punishment. as the
tf,ief or robber. Proceeding upon this
view
$50. /. MODIFIED FORM.-If we &C
cent these offences as pertaining 20
our urvrit;en law. their modified
form will adapt Itself to the supprea'
sion Of present cviis.-evi's obvious
cven % superficial observation. And
q To nT-R