The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1909-02-09

purpose TO IN tiS piN
netitiOn IS removed.
How is it possible to secure the cyl
donce in the courts Of North Carollnd
70 prove these facts? 1t IS common
knowledge tina the plans OF the TO-
| bacco trust are laid IN anotner STAY
,Thare Is no process by which wit
nesses can be forced to attend anC
testify before a court in this State
when the witness is resident OF anC
! keeps himself in another state. Ine
| law does not permit the State 70 take
j dispositions but the constitution re
u11ires that the accused shall be con
fronted by his accusers. Ihe deie1u'
| ant may take dispositions but the STATE
cannot. How can the State secure
| the evidence to show. that 1t IS the
| purpose of the trust to fix the price OF
tobacco when the rival whose business
if is alleged to have destroyed has
| gone out of business? The real ON
petitors of the trust have already beeI
swallowed up. The trust was flxlne
the price of tobacco before the act
passed the Legislature. The action
| does not apply if the competitor is
rot in North Carolina. and already in
dependent manufacturers nave let
the State like rats leaving g sinkln9
ship"-because of the fact that the
Big cat has beer given such wide lat!-
tude in North Carolina.
Subsection co. declares il to be un-
"a W - oiy SAoo'
ton or association which directly or
Indirectly buys or sells within the
State, through himself. or itself, OF
through any agent Of any kind. as
agent or principal, or together with OF
through any allied subsidiary or de-
| pendent persons, firm. corporation Oh
| association as much as fifty percent
UNI in quantity of any article or thin
of value which is sold or bought in The
State, to lnjure or destroy. or under
80 - d - ,S 80 -, <.~ 49, -s~@
OF any rival or opponent, by lowering
the price of any article or thing OF
value sold, so low, or by raising the
price of any article or thing Of value
bought SO high as to leave al unrea-
sOnable or inadequate profit for a time
and with the purpose of increasing tho
profit on the business when such riva.
or opponent is driven out of business
or his, or their, or it's bushes is in
| jured."
This subsection does not apply tC
any person or corporation hat buys OF
article or thing of value. To find 9
person or corporation amenable tc
this subsection, h State must frs
show that the defendant buys or sells
more than half Of the article bought
or sold in this State. The tobacco
trust cannot be reached under this fol
sales because it sells it's goods ir
another State and is therefore pro
tected by interstate
1t is only a question OF arithmetic
between the American and Imperia
Tobacco Companies to see tina the
purchase of neither one is more thar
fifty per cent of all the tobacco solo
in the State. The small ~nuroh~~oe
madeby the few Independent buyers
that the trust permits to buy on lit
open market, SO as to a a pretenst
Of competition, enable them to keeI
their purchases below fifty per cent
without interfering with the monOpO Y
and II purchases get too near the dan.
ger line, they can encourage a few in
dependent buyers, (Who are good
and see no danger in trust control
with a few orders for some OF the de
pendent companies Of the trust. A:
the balance of this subsection depend.
on finding somebody that comes with
IN the description Of the person or cor
poratiOn therein set forth, it is a waste
Of time to consider the other provis.
ions of the same.
Subsection ID" declares it to be uu.
lawful for any person. firm, corpora.
ton or association dealing in anvthins
OF value within the State of North Car
ollna to give aWav or sell, at a place
where there is competition, such thins
OF value at a price that is lower thar
IS charged by such person. firm, cor
poratlOn or association for tho same
thing at another place, where there i:
~ ISoSol1 ~ C1ldISiHS les
at one place than at the other, will
the view Of injuring the business O.
another"
The method adopted by the Tobacco
trust enab'es it to escape the force O
this subsection. I am informed tina
the plan it pursues is to sell at tn.
same price at different points in tn
State, but to give free goods TO thu
merchants and coupons TO the Gus
toner, varying the value and amour
Of each to meet the demands ~ com
petition and when competition ha:
been driven from the field. to with.
draw the free goods" and cut off tn
coupons" OF course, their purpos
in doing this is with the view Of in,
iuring another" but making the proc;
of the purpose is a very difficult thine
to do, and the result is that the trus