The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1909-02-09
WHY THE TOBACCO
TRUST IS SECURE
Prosecution by State
Solicitors
(From the News and Observer IN
1000

aSked IN your editorial columns some
time ago, why certain solicitors whose
districts are in the tobacco section
of the State did not institute prosecu-
ten against the tobacco trust nnder
the antitrust law passed by the last
Legislature.
AS one who was referred to in your
article, it appears to me only just that
I should give the public the reasons
why no prosecution has been init
tuted under this act in this district.
If this law is capable Of enforce
ment it should be enforced. If, on
the other hand, it is SO drawn that
it cannot be enforced, that fact ought
to be aScertained so that the next
Legislature may pass q law that a
be enforced. II it is a practical law,
capable OF being enforced, the peo-
pie have a just cause OF
against the solicitors in the State II
it is not enforced, and, on the other
hand, if our lawmakers have placed
on the statute books a law SO detective
that it is not capable of enforcement,
then the responsibility rests on our
Legislators and not on the solicitors,
whose duty it is to enforce h law
and prosecute viOlatOrS.
The first thing to do is to analyze
the law II see what its provisions
are when stripped OF unnecessary YER
biage and whether Or not evidence
can be secured to convict those who
violate its precepts.
The act is found in Public Laws OF
1907, chapter 21S. page 254. The first
section declares it to be unlawful for
any person or corporation to directly
or indirectly be guilty of the acts and
things specified in any OF the sub
sections of this section.
Subsection "A" declares it to be I'M
lawful for any person, firm, corpora
flor, ~ aCCnpjafjOn tO make q sale or
sales of any goods, wares, merchan-
disc, articles or things Of value what
soever in North Carolina, whether dI-
rectly or indirectly, or through any
agent or employee, upon the cond1-
ton that the purchaser thereof shall
not deal in the goods, wares, MGR
chandise. articles or things Of value
of 4 connection or rival in the
business Of the person, firm, corpora
ton or association making sale"
To sustain an Indictment under
this subsection the State must prove
beyond q reasonable doubt:
First, that the sale of goods was
made in North Carolina.
Second, that the defendant has q
rival or competitor, and the rival or
competitor must be Identified.
Third, that the sale was made on
the illegal conditions by
this subsection.
Inc ulItlcultV IN SECURING lIlS tNl-
denCe must be apparent to any one.
If q merchant who has been forced
to deal with the trust on these terms
volunteers the information to a prose-
cuing officer the trust viii find some
way to punish him for his temerity.
J. am informed that most Of the
goods sold to North Carolina dealers
are shipped from some other State,
and that the sales, therefore, come
under the protection Of Interstate
commerce. The work of the tobacco
trust has been SO thorough and com
plete in this State that most OF it's
rivals have been driven out Of bust
ness or have been absorbed by the
trust and are now held out to the
public as independent manufacturers
or dealers. From the information
that l have been able to gather, I do
not think that sinCc this act went into
effect on the 10th day Of last July that
the trust has been violating the letter
of his subsection, but common OBJ
~serVatiC4l shows that the trust violates
it's spirit every a
Subsection b" declares it to be
unlawful for any person, firm. cor
pOratlOn or association to directly OF
Indirectly wilfully destroy or injure,
or undertake to DESTROY or iniure, the
business of any opponent or business
rival in the State Of North Carolina
with the purpose or intention of at
tempting to fix the price of anything
Of value hen the competition is re-
moved"
To sustain an Indictment under hi
subsection the State must prove be-
You'd a reasonable doubt:
1st. That the trust has q rival in
the particular article described in the
Indictment and the rival must be iden-
tilted.
End. That this rival is in the State
Of North Carolina.
3rd. That the defendant has will
fully destroyed or injured, or under
taken to iniure or destroy the business
OF said rival in North sarolipo