The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-21


case in such amount and with suci
nrcties as the coult W the Judges
may think best
You fully realize that receiver
hip Is not only expensive aud pile.
in - big bill of costs. but that n IS
eHructiVe OF the business which
men have been Years in building ~
md it the defendant gives such bond
IS Tie court finds Is ample then there
should be no necessity for a receiver
ship
Remember this. that six months
eceisership might completely destroy
be deindant's business and at the end
,f that time. when all the witnesses
re heard at Tho final trial an dthe
Durt and pury find that the defendant
vas not guilty. who is there to pay
ne defendant the loss OF his destroy
"a businessg
DO you expect the state to approprl
ite money 10 make good such tJsses
Dr. do you expect the defendant, whom
he jury last euhd Innocent to suffer
he loss alohe2
Again believe that the organlza-
ion Of our farmers into unioms or SO.
iletiss IS vastly beneficial to their
lwn welfare and consequently to the
Welfare of the state and ! believe it
right and proper for trem to coun-
,el together and hold their products,
cotton or otherwise. for uniform
lg.eed higher price. aeA DO not want
o Sc the state 0f oklahoma deprive
Sem OF this essential and beneficial
riviiege
Section g. The last five lines Of sec
lon FIVE should be stricken of. in my
alignment, for two reasons:
First: They arc unconstitutional as
he question involved Is one that the
constitution clearly places in the
hands of the corporation commission
10 regulate in each particular instance
as in the Judgment ot that commission
may be proper
Second The uniform inileXible ap-
lllcation OF that provision would work
10 the disadvantage OF the people, be.
cause II would require the Industries
involved therein to charge a maxi.
mum price uuder favorable conditions.
whereas Il is the practice to-day 10
eeditce prices when tho conditions
are favorable and warranted and it
leave the corporation commission to
lame a flexible rtlle that viii meet
lwi6erent conditions and diffrent sea
sons Of the year instead of trying to
AXE the matters out Of the hands Of
that commission and make an inhoxi-
Bile rule that would simply make maxi
mum prices in all cases.
As to the penalties for violation OF
laws Of this character, I am decidedly
favor Of criminal punishment against
the officer who conducts the business
Of the company SO as to violate the
law, rather than 70 wipe out the com
pany's property We realize that to
build the desirable enterprises within
the state. tiat inyaiiabiy the oanpan
les borrow money and give mortgages
on the property to secure The money
with which TO build il aud that those
who invest their money in these mort
cages are rarely ever la position where
they can prevent the corporation itself
from violating the law These people
who buy these mortgages are usually
old people on estates, who invest their
money for the sake Of earning the
interest on it and are powerless to
control thc conduct OF the managing
officers, and when you fix the law so
that the security for their money may
be wiped out, you limit the possibility
OF having these new enterprises built
within our state, and besides / believe
that the most effective punishment to
enforce the law Is when you put the
man IN jail who is actually responsible
Tor the violation OF the law
You can rest assured that when a
managing officer Of the corporation
nows that he will be personally pun
ished for violations Of the law, he Will
be more careful than where a simple
fine on the property is the punish
ment and he may have but little inter
est in the property.
Section z. | respectfully ask you
TO compare this section with section
twenty of the bill OF rights IN the con
stitutiOn, and call your attention 10
this language in the constitution: lie
shall be informed OF the nature and
cause OF the accusation against him"
In this connection. ! suggest that the
lawyers IN the senate give special
thought as to whether or not section
seven can be sustained against the con
stitution. without changing somewhat
the language of said section seven
Section 9. Understand that many Of
the varieties OF goods that our whole
sale houses handle are placed with
them as agents. and the selling price
is controlled by the foreign manulac-
tme or iobber II you leave these
words. or and sales agency in this
bill. you win simply deprive the whole
sale houses In Oklahoma from handling
those goods, and the trouble IS that
those goods are largely OF "A staple
class. that The people use the largest
quantity OF, and must have The re-
suit would be that our retail merchants
would have 20 secure This class Of
goods from Wholesale buuses at Kansas
city on other points outside of our own
state
Please consider this question care
tully and see II it Is n0 of the same
character Of question as the Interstate
freight rates namcly, a trust question,
that we will have 20 correct throush
the Federal authorities Il is certainly
q desirable thing ID regulate, but can
we regulate ID through our own lawsY
'lNHi ia fhn uunaffon fD which 4 t4uIt